Not too long after Eida Chareidis Ravaad HaGaon HaRav Moshe Sternbuch Shlita spoke out in the harshest terms against some of the pre-nuptial agreements used by rabbonim, HaGaon HaRav Dov Lior Shlita has given his approval to one specific text of the agreement.
Proponents of the pre-nuptial agreement explain it is designed to prevent agunos on the one hand as well as compelling a wife to accept a get on the other. The agreement has grown significantly in popularity in certain religious circles in N. America but it is still frowned upon by the Chief Rabbinate of Israel and Gedolei Yisrael Shlita in Eretz Yisrael.
Regarding the agreement used by Tzohar Rabbonim, Rabbi Lior stated “I believe that agreement cannot be made on such a sensitive subject without the approval of the Chief Rabbinate of Israel for this pertains to all Klall Yisrael and in a case of ‘get me’usa’ (גט מעושה) we must be stringent”.
The rav has now come out approving a version that has been written by Rabbi Pinchas Shapira of Betar Illit. The agreement is based on the recommendations of Rabbanei Yerushalayim from the previous generation, Rav Betzalel Jolti ZT”L and Rav Shalom Mashash ZT”L.
Rabbi Shapira, a member of the litvish chareidi tzibur, wrote the agreement last year in consultation with rabbonim. His document is similar to the Tzohar version as it places financial sanctions on the recalcitrant partner towards compelling giving or accepting a get, unlike Tzohar, these sanctions do not begin at the time that one of the couple announces s/he wishes to end the union, but only after the beis din rules the husband must give a get to his wife.
In addition, towards resolving the matter of a ‘get me’usa’, the plaintiff (the one seeking the divorce) must pay significant ‘demei kesuva’ (דמי כתובה) to the other side, this giving a recipient’s consent to granting a divorce.
Rav Lior writes to Rav Shapira “I received the document and reviewed most of it”, stating it appears to him that if the sides diligent regarding all the terms of the agreement, it appears the fear of get me’usa is removed, especially by fulfilling the conditions based on the decision of the beis din. Therefore there is room to adopt this agreement.
“קיבלתי את נוסח ההסכם לכתובה הדדית ועברתי על רובו”. לפי הנראה בעיניי, אם יקפידו על כל התנאים שבהסכם, נראה שאין בכך חשש של גט מעושה, במיוחד אם מילוי התנאים יהיה בהתאם להחלטות בית הדין. לכן יש מקום לאמץ הסכם זה.”
The rav adds “In my heart, I do not think this will really solve the problem in this area. It is more dependent on correct and appropriate education and preparation for marriage, which should have been given years earlier and not just a few weeks before the wedding”.
“אם כי בלבי פנימה איני סבור שהוא באמת יפתור את המצוקה בתחום זה. הדבר תלוי יותר בחינוך נכון ובהכנה מתאימה לחיי הנישואין, שאותם יש להקנות שנים לפני כן ולא רק שבועות ספורים לפני החתונה”.
The Tzohar Rabbonim agreement was released 18 months ago and approved by the organization’s rabbinical committee in the hope the Chief Rabbinate of Israel would approve it too. This is yet to occur. Some rabbonim in the dati leumi community are against it, including Rav Lior and Rabbi Shlomo HaCohen Aviner Shlita, both relying on the decision of the Chief Rabbinate of Israel Council decision from 5747, which states such agreements are rejected, adding attorneys and rabbonim authorized to marry couples should not lend a hand to using this agreement, which the Chief Rabbinate views as halachically problematic and leading to fears a get me’usa.
Rabbi Shapira is now seeking the approval of other rabbonim in the hope of offering an acceptable pre-nuptial agreement that will avoid the issue of agunos.
CLICK HERE FOR PDF document which shows the agreement approved by Rav Lior Shlita.
(YWN – Israel Desk, Jerusalem)
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8 Responses
Rav Lior approves the text of Rav Shapiro of Betar is what the article cites.
Rav Sternbuch is not the posak hador for am yisroel. He has his kehilla which follows his halachas l’maesah. It is not highly unusual for a Rav to have a different path than his.
“he agreement has grown significantly in popularity in certain religious circles in N. America but it is still frowned upon by the Chief Rabbinate of Israel and Gedolei Yisrael Shlita in Eretz Yisrael.”
Virtually the only “religious circles in N. America” that use the so-called halachic prenup is part of the modern orthodox community. And only part of them. Even a majority of grooms and brides in the MO community do not sign the prenup. Outside of the MO community it is almost unheard of to use the prenup.
“unlike Tzohar [and the RCA/BDA prenup], these sanctions do not begin at the time that one of the couple announces s/he wishes to end the union, but only after the beis din rules the husband must give a get to his wife.”
This is a major difference. If beis din rules a Get must be given, then there is a halachic obligation it be given and beis din may, at that point, authorize sanctions on the husband if he is still recalcitrant.
It should be noted, though, that even beis din is very limited in which circumstances and situations it is permitted to order a husband to give a Get. Under halacha a husband has no obligation to give a Get, if his wife asks him for one, and beis din is not permitted to order him to give her one. The situations where halacha makes an exception and requires he give her a Get, and permits beis din to so order, are very limited to situations where, for example, he has physical deformities or if he was proven to have been violent. In the absence of such rare proven scenarios, beis din is unable to order a divorce be given as there is no obligation for him to give one.
“Rav Sternbuch is not the posak hador for am yisroel. He has his kehilla which follows his halachas l’maesah. It is not highly unusual for a Rav to have a different path than his.”
As but one example, I recently read a tshuva of his in Moadim Uzmanim in which he claims that it is absolutely assur, perhaps even d’oraisa, to drive outside of the tchum on chol hamo’ed except for a tzorech mitzvah (he was asked about kibbud av v’em). Thinking about going to Hershey Park during Chol Hamoed? Thinking about going ANYWHERE with your kids? Forget about it. Needless to say he is not the posek hador and I doubt more than a handful of people follow his psakim regularly.
מרן שר התורה הראב”ד שליט”א הגאון האדיר רבי משה שטרנבוך שליט”א is accepted by Klal Yisroel as a Posek HaDor on the same level as Maran Sar HaTorah HaGaon HaRav Chaim Kanievsky shlita and Maran Sar HaTorah HaGaon HaRav Ahron Leib Shteinman shlita. It is true that even though a very large segment of Klal Yisroel accept each of HaGaon HaRav Shternbuch, HaGaon HaRav Kanievsky and HaGaon HaRav Shteinman, any one of them isn’t necessarily accepted across 100% of Klal Yisroel. It has been as such at least ever since we’ve unfortunately been in golus. Nevertheless, what each of these Poskei HaDor pasken is recognized as a psak by all.
And in the case being discussed here of the Tzohar (which is a barely releigious organization) prenup and the RCA-BDA prenup, virtually the entirety of the Gedolei and Poskei Yisroel in what outsiders refer to as the “chareidi” tzibur, agree that it is either outright pasul or certainly against the Mesorah. On this Rav Chaim and Rav Shteinman are all of the same opinion.
Didn’t know about the possible existence of a techum prohibition on Chol HaMoed. Nobody I know is concerned about it. I will ask a shila.
“for example, he has physical deformities or if he was proven to have been violent”
Another is that he no longer wants to be married to the woman asking for the divorce. For example, if he marries a different woman without giving his first wife a get!
M- did he really say that? wow! do you mind telling me where he says it? (where in moadim uzmanin or teshuvos v’henagos)?
Charlie #6: That would be situation dependent. In Ashkenazic Judaism we have the concept of a heter meah rabbonim that under various circumstances permits the husband to remarry without having given a Get to his first wife.