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June 22, 2016 8:04 pm at 8:04 pm in reply to: Creating inclusive Orthodox communties for Orthodox Recalcitrant Husbands #1156853JosephParticipant
Avi: 1. A beis din cannot impose peshara unless all parties agree to it. Rav Moshe has a teshuva stating that if either party to a beis din case insists on “din” rather than peshara, then the dayanim must strictly use din and not peshara.
2. In gittin cases, specifically, Shulchan Aruch very clearly rules that the beis din cannot “pasken according to what they consider just”, and are strictly limited in their ability to render a judgement that a divorce must given in a case where the husband expresses a desire to not divorce. The Shulchan Aruch further states that if a beis din tells a husband that he must give a divorce in a case where it does not fit within the parameters of one of the specifically listed reasons in the Gemorah where Chazal ruled a husband must give a divorce, then the resulting Get is deemed a “Get Me’usa” and is invalid.
akuperman: The husband can insist that his support be provided in his marital home and he has no obligation to cut a check for his wife to live elsewhere so long as he makes his marital home available for her food and lodging.
A secular divorce has absolutely no meaning in halacha. Halacha requires a halachic divorce be mutually agreed upon (since R”G; prior to that it required only the husband’s will). The common cases nowadays is usually not where the husband abandoned his wife and started civil procedures but rather where the wife did that. If, indeed, he abandoned her then it is likely he has a halachic obligation to give a divorce. If she abandoned him, he does not have that obligation – though the “advocates” will still protest.
Sam: You are demonstrably incorrect. I can point you to specific cases where ORA used their methods without a beis din ever having rendered a judgement that the husband is obligated to give a Get. In fact, there is a recent letter issued by the Baltimore Beis Din condemning the protests organized by ORA in a specific case where the BBD had jurisdiction of the gittin case, it having been accepted by both the husband and wife, and the BBD never ruled the husband had any obligation to give a Get. Nevertheless, ORA conducted protests for years against him until several months ago the BBD issued a public letter stating he has no obligation to give a Get and the protests against him were wrong and kneged halacha and anyone who participated in them must seek his mechila.
June 22, 2016 5:06 pm at 5:06 pm in reply to: Creating inclusive Orthodox communties for Orthodox Recalcitrant Husbands #1156848JosephParticipantcharlie: We are speaking of the actions of “advocates” pressuring the giving of a Get, who are operating in the absence of a post-trial beis din verdict rendering that a halachic obligation exists that one must be given.
JosephParticipantAny comments on persons hailing from former British colonies?
Like Americans living in the former 13 colonies?
June 22, 2016 1:42 pm at 1:42 pm in reply to: Creating inclusive Orthodox communties for Orthodox Recalcitrant Husbands #1156844JosephParticipantAvi, 1. Which assertions? 2. I’m not referring exclusively to compulsion. I’m speaking more generally of requiring him, per halacha, to give it even if they cannot compel him. Shulchan Aruch provides very few circumstances where beis din has the authority to even instruct him to give it, if he desires not to. By default, in the absence of specifically recognized “cause” listed in the Gemora and Shulchan Aruch that permit beis din to render a verdict instructing him he is obligated to give it, he has no such obligation. And there are few causes that halacha provides that give beis din the authority to instruct him to give a divorce. Those causes center around him having a physical deformity or there having been eyewitness testimony in beis din as to his physical violence. (In the latter case Shulchan Aruch rules that he is to be given a second chance, under beis din warning that if it reoccurs he will be instructed he is obligated to divorce. S”A also specifies that if he denies it occurred, the beis din shall place an agent in their home in order to ascertain and witness the truth of the allegations.)
June 22, 2016 10:06 am at 10:06 am in reply to: Creating inclusive Orthodox communties for Orthodox Recalcitrant Husbands #1156839JosephParticipantAvi, linguistically correct but the Get Advocates have abused the term to mean any guy who was asked for a Get and declined to give it – even if no beis din rendered a verdict stating he had a halachic obligation to give one. And 99% of the cases in the news with the protests and all never had such a formal verdict as there are very few circumstances where Shulchan Aruch permits a beis din to mandate a divorce.
June 22, 2016 4:41 am at 4:41 am in reply to: Creating inclusive Orthodox communties for Orthodox Recalcitrant Husbands #1156836JosephParticipantElecting to decline giving a divorce when halacha requires none, is a legitimate choice. Thus the causticness here is misplaced in choosing this example.
JosephParticipantMammele, what kind of Yiddish do the Machanayim titles utilize?
JosephParticipantThe Greeks were bailed out only by the Euro countries, not non-Euro members like England.
Britain also invited tens of thousands of radicals to immigrate, who now became British citizens.
JosephParticipantFree Scotland now!
JosephParticipantWho donated the 3-for-1 match and paid $3 for every $1 raised?
JosephParticipantCTLawyer, do you have any input on whether being wealthy causes one to be happier than had they been middle class?
Torah613Torah thinks it does.
JosephParticipantAre you English?
JosephParticipantWas there really any doubt that they’d not reach it? I doubt it.
JosephParticipantNot all Brits are English.
JosephParticipantLC: How come you didn’t ask that question to everyone else who posted here?
JosephParticipantWhy would blending be l’chatchilah, if the bugs ends up being blended into the final food product?
JosephParticipantWhy wouldn’t it be tax deductible?
JosephParticipantMammele, if someone cannot read/understand Yiddish, Google Translate can provide a somewhat decent or better translation of a paragraph where otherwise the person would have completely not been able to understand it at all. Google Translate is also good to translate individual words to or from Yiddish.
As far as children’s books, those thin blue story books “???????????? ??? ??????” have dozens of the same titles available in Yiddish, English and Hebrew. They’ve been around for half a century or so and are still popularly available in Seforim stores.
JosephParticipantBugs don’t blend?
JosephParticipantThere are Yiddish-English dictionaries. Google Translate also translates between Yiddish and English, Hebrew and many other languages.
JosephParticipantBritain should become the 51st State.
Because you need a Constitution and this way you’ll have a Bill of Rights. Plus what better way to consummate our special relationship.
JosephParticipantWhat did the germs do to you that you’re killing them?
June 20, 2016 4:05 pm at 4:05 pm in reply to: School Board Monitors in Lakewood & East Ramapo #1157305JosephParticipantDY, I’m saying its legally possible and probably geographically doable to a large extent, but the non-frum don’t want to see the frum break off because the frum property taxpayers are now funding the non-Jewish public schools. So it would be politically very difficult to push through.
KJ did exactly that 20 years ago and it took three laws, in three different legislative years, including a court fight that went all the way to the U.S. Supreme Court – where KJ lost but Governors Mario Cuomo and George Pataki and the legislature reintroduced new laws customized to pass the court rulings – till it finally stuck. But there it was a matter of KJ wishing to form its own breakaway school district and the neighboring districts happy to see them off their own rolls. In Ramapo the non-frum will not want to see the frum break off because the non-Jewish demographics (largely immigrants, many illegal and indigent) can’t fund their own public schools.
June 20, 2016 3:56 pm at 3:56 pm in reply to: School Board Monitors in Lakewood & East Ramapo #1157301JosephParticipantDY, but the frum districts already have it. Now it would be a matter of implementing a boundary change. And there isn’t the political capital to make that happen.
June 20, 2016 3:39 pm at 3:39 pm in reply to: School Board Monitors in Lakewood & East Ramapo #1157298JosephParticipantNo, because the neighboring non-Jewish school districts will not want to inherit the financial responsibility of paying for the schooling of thousands of poor minority immigrant public school students.
JosephParticipantAvi: A language spoken by hundreds of thousands as a first language from childhood on, and many more as a second language and/or scholarly language, and growing much faster than any other Jewishly-spoken language, is as alive as live gets.
JosephParticipantGoing to shiurum given in Yiddish can be helpful.
JosephParticipantI’m just picking up on MA’s usual admonitions…
JosephParticipantYeah, but borrowing a smartphone comes with a heavy cost in Olam Habah.
JosephParticipantEt tu, Clark?
June 20, 2016 2:43 am at 2:43 am in reply to: School Board Monitors in Lakewood & East Ramapo #1157292JosephParticipantI guess we’ll have to cut more non-mandatory public school classes and increase class sizes to 60 kids per teacher. Pre-K and kindergarten isn’t mandatory either, so it can be eliminated.
June 20, 2016 2:08 am at 2:08 am in reply to: School Board Monitors in Lakewood & East Ramapo #1157290JosephParticipantLC, Whether I care or not is irrelevant. The minorities care. And the minority public school parents won’t let the school board force their little 8 year old public schoolchildren to walk 1.9 miles or 2.9 miles in dangerous crosswalks and streets even if bussing isn’t mandated for 8 year old children living 1.9 or 2.9 miles from public school with parents who leave to work at 7:30.
June 20, 2016 1:35 am at 1:35 am in reply to: School Board Monitors in Lakewood & East Ramapo #1157286JosephParticipantDo you want hundreds of 8 year old little public school children, living 1.9 miles or 2.9 miles from the public school, to have to walk across six lane streets and other dangerous streets if they don’t qualify for mandatory bussing? Should the public schools start charging hundreds of poor minority families for bussing they can’t afford (and can’t afford to take off from work for)?
Special services is mandated by law. And legally mandatory bussing cost more, for private school children, than special services.
June 19, 2016 11:02 pm at 11:02 pm in reply to: Not looking into something, to avoid shailos #1155923JosephParticipantSigh, Wolf, will mosherose ever stop giving you nightmares, even years and years after he stopped posting?
JosephParticipantRoss Perot is the single-handed reason why Bill Clinton became President.
June 19, 2016 10:53 pm at 10:53 pm in reply to: School Board Monitors in Lakewood & East Ramapo #1157279JosephParticipantNY and NJ State laws states that their can be no discrimination in paying for both public and private schools children’s bussing. Both must be paid by the government, for eligible children, per State law. State law further states that if the local government pays for public school courtesy bussing (and public school children use courtesy bussing more than private school children since they tend to live closer to the public school they attend), then the law requires equality in paying private schoolchildren’s bussing.
JosephParticipantAnyone who even thinks you need a reason to eat cheesecake on Shavuous is a pure apikorus, mamish.
(I eagerly await Wolf’s retort and mea culpa.)
JosephParticipantJudaism has a Monarchy. Democracy isn’t a Jewish thing.
JosephParticipantThe Gemara suggests that the Shichvas Zera of a Nochri has different properties from that of a Jew, since the Nochri eats non-Kosher foods and is physically affected by his diet. The Chasam Sofer (Teshuvos YD 175) writes that this Gemara is relevant in practice. He rules that we cannot assume that a medical treatment that was tested successfully on a Nochri will also be successful on a Jew. Rav Elyashev zt’l pointed out that the Chasam Sofer writes that the physical characteristics of a Yid are different than a Goy, and that what applies to one may not apply to the other. Therefore, said Rav Elyashev, how much more so regarding the mind/soul?
Since the OP raised the issue of an advertised “Universal Fit”, I was simply pointing out that what is a “Universal Fit” for Nochrim are not necessarily so for Yidden.
Hence its non-fitting experience.
The Yid
JosephParticipantWill it have as many scammers as Craigslist?
JosephParticipantTrue, but he’s the best in the industry.
June 17, 2016 3:06 am at 3:06 am in reply to: Shaking hands with the opposite gender, in Israel #1155573JosephParticipantWhy would you touch your sister?
June 17, 2016 2:37 am at 2:37 am in reply to: Shaking hands with the opposite gender, in Israel #1155568JosephParticipantThere’s not much to interpret. The law I cited is very explicit in stating exactly what I described.
Read the actual statue.
JosephParticipantGoogle the name I provided. All of the top ten listings are him. 😉
JosephParticipantWhat was the problem you encountered?
JosephParticipantThe Chasam Sofer writes that a medical test on goyim doesn’t prove how it’ll affect Yidden.
June 17, 2016 2:31 am at 2:31 am in reply to: School Board Monitors in Lakewood & East Ramapo #1157271JosephParticipantChalk up a victory for the good guys.
June 17, 2016 2:09 am at 2:09 am in reply to: Shaking hands with the opposite gender, in Israel #1155566JosephParticipantDina D’malchusa doesn’t care what websites say; it only cares what the legal statue passed by the legislature states. I provided that above. Try to research how many people were prosecuted for noncommercial copying tapes and CDs, something that happens hundreds of times every single day throughout the United States, since the enactment of the aforementioned 1992 law permitting exactly that. And see how many fingers (or lack thereof) you need to keep track of prosecutions for this over the last quarter of a century throughout the 50 States.
The law explicitly states that the tax on blank CDs is in return for the legalization of the permitting of all noncommercial copying.
June 17, 2016 12:37 am at 12:37 am in reply to: Shaking hands with the opposite gender, in Israel #1155563JosephParticipantThat’s one guy’s opinion versus the law as set in the aforementioned statue passed by the United States Congress.
JosephParticipantIt’s makeup is 80+% non-Chareidi, i.e. right-wing daati guys, etc. And the small part of the unit that is of Chareidim constitutes dropouts, OTD kids and other misfits or guys with problems.
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