For those who don’t accept the pre-nup- how can we protect women from men who want more than a Beis Din or secular court are willing to give them, and will not give their wife a get in order to get what they want?
How do we protect both sides from extortion?
I know of a “Rabbi” who had the need to leave his wife because she wouldn’t move outside Eretz Yisroel (Pashtus, the Halacha is that she can force him to move TO EY, but there may have been other considerations, I don’t know the exact case). He got a Heter Meah, and she is an Agunah. On the other side, you have women who refuse to accept Gitten until their conditions are met.
A possible solution is to require significant funds submitted before the wedding by both parties, to be released to one side on the withholding of a Get. Placing a lien on the real property of the parents would fulfill the qualifications needed.
Another idea would be to sign an arbitration agreement that the Mesader (or successor) has the right to force binding arbitration, which would then be recognized by both Bais Din & courts.
Therefore, when a gadol, who is reliable, states that x is kosher, then for all his followers, x IS kosher. End of story. And all other rabbis must accept that for those people x is kosher even if it wouldn’t be for their followers. Therefore those children will not have the spiritual definition of mamzerim.
See Bais Shammai above. Mamzers all. Just like a Sephardi Sefer Torah is Passul for Ashkinazim, and they can’t be Yotze (due to the changes in the letter) Zachor with it, as well as vice versa.