Reply To: Macha against men not giving gittin

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#2013713
Abba_S
Participant

A marriage is a partnership and can only be ended through mutual consent. The courts can try to force the husband to give a get, but the husband must willing give the get.
There was a case in Israel where the husband to get away from giving a get, went to Afghanistan in order to escape. He finally gave the get after over 20 years possibly because in return for his being allowed to immigrate to the US legally and escape the Taliban.
The problem with court pressure whether it be a Bais Din, Government Court or court of public opinion is that the husband can flee the jurisdiction. Once that happens the courts have no power over him until they find him, which can be very hard if he left the country or works off the books..
I don’t believe a husband should hold back a get. But if a husband is holding back a get there must be a reason which needs to be addressed. Social pressure can have the opposite effect, for example a husband paying child support and alimony who because of social pressure flees the jurisdiction he may stop paying besides making it harder to get the get. So I am not sure what purpose the Macha servers.