In a dramatic effort including the use of technological means, an agunah whose life was locked for 13 years was released with a get via Skype, under the direction and watchful eye of Chief Rabbi of Israel Rabbi Dovid Lau Shlita.
The operation was carried out under the command of the Chief Rabbi, with the cooperation of the Agunah Division of the Rabbinical Courts, the Enforcement and Collection Authority, the Ministry of the Interior, the Ministry of Foreign Affairs, the Rabbinical Court in Paris and the Jerusalem Rabbinical Court.
The story: An 18-year-old married a man 15 years her senior, divorced, and the father of two. Already in the initial stages, the marriage had run aground after the couple had two daughters. The husband went to jail for driving offenses without a license, and after the release he opened a divorce file and the woman got the court to issue an order prohibiting him from leaving the country.
In 2005, the husband managed to flee the country despite the order, using a different identity. A number of batei din began to address the woman’s case. At one point, the matter was handed over to the Agunah Division of the Chief Rabbinate of Israel.
The husband announced that he was willing to give a divorce to his wife providing she returns the property that was left and has since transferred to her name. He said it was a commercial company worth a great deal and two apartments. The husband agreed to pay the back debts including alimony and support from the value of the properties mentioned.
The woman vehemently refused the settlement and appealed to the various courts to obtain legal permits for her control of the property. After this process was completed, she again applied to the Rabbinical Courts for a get, and later contacted the husband who was staying in Paris and announced that he was willing to give a get if the property issue was heard in the rabbinic courts. After years of opposition from the woman, she finally accepted the efforts of the Supreme Beis Din headed by Rabbi David Lau, to allow a renewed discussion of the property issue.
In the deliberations of Chief Rabbi Lau, the following was reached: The husband will immediately grant a divorce in a beis din in Europe. A lien will be placed on one of the apartments for the benefit of the discussion only after the get is given. The court will decide what will happen to the property.
Since it was not possible to arrange the get in Belgium where the husband was living, it was arranged to do so in the Paris Beis Din. Here they encountered another challenge: the man could not move from place to place freely due to restrictions imposed on his Israeli passport by order of the beis din. The restriction was removed in a conditional manner and then it became clear that there were additional restrictions on the passport on behalf of the Enforcement and Collection Authority. In cooperation with the Ministry of the Interior, the Enforcement and Collection Authority, the Ministry of Foreign Affairs in Jerusalem and the Israeli Consul in Paris, the passport was arranged, and the outline decided upon by the Court was now possible.
At this stage, and totally by surprise, the husband announced that he was not willing to cooperate because the woman had requested a deportation order against him from France. The man left Europe and the Agunah Division of the Chief Rabbinate of Israel began efforts to locate him. Eventually he was located in Russia. After two weeks of negotiations, he agreed to return to the original plan.
After he traveled in the private vehicle from Russia to Paris, a discussion was held via Skype between the Supreme Beis Din headed by Rabbi David Lau and the head of the rabbinical court in France, Rabbi Guggenheim Shlita.
In the end, the woman was released from her agunah state. It was decided to perform the get when it was given in Paris by the husband in the presence of the shaliach appointed by the Supreme Beis Din in Israel, with the whole event documented and observed by the members of the Supreme Beis Din via Skype.
Thus, after 13 years of being an agunah, and intensive efforts by all the parties, the woman is free to embark on her new life.
(YWN – Israel Desk, Jerusalem)
2 Responses
The husband announced that he was willing to give a divorce to his wife providing she returns the property that was left and has since transferred to her name. This woman made the cardinal mistake {Not talking about marrying him, which is beyond our scope to assess}:- When husband offers Get, grab it right away. Can always fight apartments & Kessuvo money later, but grab freedom, when it is being offered.
if the husband agreed to give a get but the woman refused because she wanted to keep property which was not originally hers – she is not an aguna,
it’s not a nice story, but a woman who refuses to accept a get because she wants a better divorce settlement can not be called an aguna – she is doing it to herself.