Reply To: obtain a beis din's preliminary ruling without actually going to a beis din

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Joseph
Participant

lilmod, a bit of humility is in order and you should acknowledge you are very mistaken on this issue. I brought you Rav Miller and you retort that you disagree with Rav Miller. I point out that the Rov was speaking from a perspective of seven decades as a community pulpit Rov dealing with all sorts of family issues including gittin, and as a godol hador, and you counter that you have some divorced acquaintances they tell you otherwise. So I cite Shulchan Aruch paskening that eyewitness proof is required, and even then there are only a small number of grounds that halacha says permits unilateral petition for divorce, and you respond we don’t pasken like Shulchan Aruch. Really? So I quote you a contemporary psak din written by the posek hador of our own generation, Rav Elyashiv, of a real situation in our own lifetimes where the husband acted abnormally, the wife hated him and separated from him for six years and is now asking for a Get, and Rav Elyashiv unambiguously ruled that not only isn’t he forced to give her a divorce but he doesn’t even have an obligation to give it to her. So you now come back telling us that you’re experienced about contemporary gittin matters since you’ve been dating divorced men for ten years and research their cases real well so, shoin, you’re a researcher offering your own boich svaras who knows better than psak halacha explicitly stated in the Torah, Chazal, the Shulchan Aruch, thousands of years of written psak halacha that all state that a unilaterally demanded divorce is not granted barring extremely extenuating circumstances that halacha specifically states entitles a spouse to a divorce.

You said you wanted to read Rav Elyashiv’s psak in the original loshon kodesh. It is in Kovetz Teshuvos volume I #174. Please read it prior to responding to my comment.