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MK Stern Presents ‘הפקעת קידושין’ Bill in Knesset


divorceMK (The Movement) Elazar Stern is pushing a bill that failed to make it to the plenum for a vote in the 18th Knesset. The bill addresses recalcitrant husbands and the need to assist agunos, seeking to empower a Chief Rabbinate Beis Din to use the ‘הפקעת קידושין’ to prevent women from becoming agunos. Stern’s bill adds that in the event the beis din does not opt for ‘הפקעת קידושין’, it will be implemented automatically after a year if a woman is still an agunah.

Stern admits that he is aware that while Halacha permits ‘הפקעת קידושין’, rarely does a beis din exercise this option. Stern explains that from his perspective, the government and society are compelled to maintain a beis din’s ability to function independently, but on the other hand, we must use appropriate measures to protest women from becoming agunos and use the means available to us to limit this as much as possible.

(YWN – Israel Desk, Jerusalem)



14 Responses

  1. The previous posters must be kids and never learned masechet kiddushin. “Hafko’as kiddushin” is a valid, and previously used ‘takonos chachomim” After all , when you kids will get married. you will say ” kedas moshe veysroel”, meaning that your kiddushin depends on bes din.
    Posters, stop showing your own “am amoratzus’ with your comments.I ma not endorse such a move but your insults towards thus well-meaning person is offensive.

  2. If a beis din abdicates its responsibilities and fails to act within a year to assure the award of gittin to agunos, there must be some way to resolve the matter on a timely basis. Perhaps there could be some “Super Beis Din” which would function as an appellate body. The ultimate decision cannot be “legislated” or become a matter of “default” but we also cannot allow these cases to fester for years or decades.

  3. hey rabbi of berlin,

    do you remember why we dont use it, the reason being is that if shes mezaneh, shema yichapeh, so now people will do it

  4. First off, Rav Goren is the proper wording, barlev. A Talmid Chacham you disagree with is still a Talmid Chacham.
    Secondly, to all the posters, the Hafkaat Kiddushin Nusach is written into the Ketubah and the text was proposed by HaRav Bakshi Doron shlit”a, the former Rishon LeTzion.
    Personally, my Rebbe doesn’t allow us to do this, but you can’t sit there and pretend that the whole Halachic world revolves around your opinion. That’s part of growing up.

  5. Rabbi Shalom Gold, Rabbi Emeritus of Y.I. of Har Nof, told me personally half a decade ago, that seruga wearing Elazar Stern is an unqualified “Rasha merusha”.

  6. #10
    #6 got it right ,it is Goren

    When r. Shlomo Goren visited L.A., R’ Moshe Feinstein proclaimed that no rabbinic kavod should be shown to him.

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