A woman living in France was represented in a Chief Rabbi beis din last week for the purpose of obtaining a ‘get’ from her husband by the Yad L’Isha organization, which is affiliated with Ohr Torah Stone Institutions.
According to the story, the woman was given a ‘get’ 12 years ago but the rav in France refused to give the ‘get’ to the woman, who remained an agunah.
The story began in 2004 when the couple parted from one another. As part of the process, the husband deposited a ‘get’ in the hands of the rav in France, but when the wife asked to receive it so she is free to continue her life, he, the rav, refused, explaining she has fallen into the category of a moiser because she took her case to civil court to address the couple’s division of property. The rav instructed the woman to compensate her husband to the tune of hundreds of thousands of euro, and until payment was made, he would not issue the ‘get’.
This resulted in ‘G’ being an agunah for twelve years as the rav was unyielding in his position. The husband on the other hand refused to take part in the process of serving the ‘get’ to his wife since in his eyes, he was done, having given the ‘get’ to his rav. It is reported the same rav married and divorced the man two additional times while the wife was an agunah.
Over a year ago, ‘G’ turned to Yad L’Isha seeking assistance and a request for a ‘get’ was filed with a Chief Rabbinate of Israel-affiliated beis din in Israel. The Tel Aviv Beis Din agreed to give the ‘get’ again, aware that a ‘get’ was deposited with the rav in France as the woman came to Israel following the petira of her mother. She was represented in the beis din by attorney Tamar Oderberg. Baruch Hashem this was accomplished and the woman has been freed after 12 years.
(YWN – Israel Desk, Jerusalem)
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8 Responses
Even rebbes go to civil courts!
I find this whole article troubling from start to finish.
1) I do not know if this Rav had the legal right to withhold her ketubah from her, but even if he did that means the husband was still halachicly married to her. If so, under what pretenses did this Rav officiate at two more weddings for him? Chazal made a gezeira disallowing this. Even if they are Sephardim I am not sure that Sephardi Gedolim would have approved of such action. I could be wrong however.
2) As much as I feel for Agunas and their horrible plight caused by bums that have no yiras shamiyim, non-the-less I am bothered that an organization that was created to help them has no Gedolim quoted on their site supporting their institution. This is a sensitive issue requiring Rabbinical guidance. Not ever action that can be taken is halachically allowed and Gedolim should be consulted with on a regular basis.
3) Worst of all is where these ladies from Yad L’Isha receive their education. They are taught at Ohr Torah Stone Institution which in my opinion is a handicap for these ladies as I don’t believe they will gain Yiras Shamiyim there (a necessary requirement in a field like this). I gather that is why Yad L’Isha has no Support from Gedolim on their website. This is very sad being that if they were backed by Gedolim they would be able to do a lot more for Agunas.
As far as for this aguna in the article – Mazal Tov.
I guess this “Rav” was hard up for cash.
That rabbi should go to prison!!! Who is he to judge. If the husband gave the get hand it over to the wife
That corrupt french BD would not have given her a franc from the community property. He would have thrown her out penniless. Good she went to court.
Sorry but one’s wrong doesn’t make the other’s right
It’s difficult to assess this case without being privy to all the details, but even in a case where it is permitted to turn to a civil court, the halacha only permits collecting through the court the amount that could have been awarded in beis din according to halacha, and anything in excess has to be returned. If that is the case then the rov had every right to insist that the woman compensate her husband for the difference. If this organization helps women (or anyone else) avoid there obligations according to halacha, then Yeshiva World News should not be accepting their articles, even for pay.
This is horrible! Obviously we have an obligation to go to a Din Torah and not civil courts. But that has nothing to do with the Get. The husband willingly divorced his wife, and appointed the rav as a Shaliach. From this article, the husband wasn’t even suing her for going to civil court, rather the rav was punishing her. This is sick and a gross misuse of authority.