HaGaon HaRav Chaim Kanievsky and HaGaon HaRav Gershon Edelstein
wrote a sharply worded letter against the dayanim who signed an unprecedented p’sak allowing an agunah to remarry by nullifying her kiddushin on the basis of a psychological diagnosis given many years after the marriage.
The p’sak was made in September of this year, when three dayanim, Rav Yehudah Yair Ben-Menachem, Rav Doniel Edri and Rav Efraim Cohen of the Tel Aviv Rabbinical Court, issued a p’sak allowing an agunah to remarry on the claim that her husband is not sane and the kiddushin is nullified due to “mekach taus.” However, the p’sak did not include any medical documentation that the husband ever suffered from a mental illness and was instead based on a psychological diagnosis given on the basis of the wife’s claims.
The p’sak remained confidential until it reached the desk of HaDayan HaGaon HaRav Tzion Boran, who was asked to sign the p’sak and instead raised a battle against it, together with other dayanim. Additionally, dayanim in London, where the husband lives, also opposed the heter, saying that the woman is definitely an “eishes ish,” and slammed the dayanim for not even consulting them on the case, since according to their interaction with the husband, he is not considered a halachic “shoteh.”
The dayanim in London put the man in cherem and imposed sanctions on him already ten years ago but to avail.
The case has now been brought to the attention of the Gedolei Torah in Bnei Brak, who wrote a letter protesting the p’sak.
“We join in the protest of Rabbanim Geonim [a reference to the letter by HaGaon HaRav Tzion Boran and other dayanim] on the desecration of Kavod Shamayim through the breach of gidrei halacha – being matir an eishes ish not in accordance with din – rachmana litzlan, by three dayanim of the Rabbinical Beis Din in Tel Aviv. We call on and warn all those involved in the appointment of dayanim that they be extremely careful not to appoint judges, who chalilah, will cause breaches in halacha, and interpret Torah incorrectly – distortions that cannot be corrected.”
According to a B’Chadrei Chareidim report, HaGaon HaRav Edelstein clarified the inyan at length with his talmid, HaGaon Rav Nachum Gurtler, Av Beis Din of Rechovot, and Dayan HaGaon Rav Avraham Sherman, a talmid of HaGaon HaRav Elyahsiv, z’tl, and also spoke with other dayanim, before signing the letter.
It is known that before the three dayanim issued the p’sak, one of them, Rav Ben-Menachem, showed it to HaGaon HaRav Yitzchak Yosef, hoping he would approve it. After HaRav Yitzchak delved into the p’sak, he called Rav Ben-Menachem to his office and told him that the woman is an eishes ish and there is no heter for her under any circumstances and even sat with him for an hour to explain all the errors in the p’sak. However, Rav Ben-Menachem found other Rabbanim who approved the p’sak.
(YWN Israel Desk – Jerusalem)
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18 Responses
So everyone is right. The dayanim are right because others concur. Harav Yosef and the Bnai Brak Rabbonim are right because they protested. The woman has no חזקת אשת איש any more because there is no unanimous psak. And justice was served because the shackles of the recalcitrant husband were partially broken. So if she remarried the children will be safek mamzerim and are allowed.
Very nice!
But if “אפקעינהו רבנן לקידושין מיניה” can not be used then the Rabbonim have to find another solution to the Aguna problem.
To say “The dayanim in London put the man in cherem and imposed sanctions on him already ten years ago but to avail.” obviously does NOT help.
Just by putting him in Cherem that people Shomrei torah umitzvos do not care about is not enough for the Rabonim to say “ידינו לא שפכו את הדם הזה”
If the time was spent to go out on a war against this letter at least spend an equal amount of efforts to find a sloution.
@Benephraim
NO, not everyone is right.
The halacha was paskened wrong.
Theres no “chezkas EIshes ish”?! What insanity breeds that conclusion of this piece!?
Safek mamzeirim are allowed?! And again, there isnt a safek, there is a correct psak and an incorrect psak. Ask yourself which side your on.
Kol sheyiroso kodemes lichachmaso, chachmaso miskayemes.
You apparently have none of it.
Disgusting
@Justiceforall
Another bleeding heart liberal.
“Then “RABBANIM” have to find another solution to the agunah problem”!?
Why, how you come you havent cured cancer, or depression?
The RABBANIM didnt create the issue of agunas. WHy should we be any more capable of “fixing” that problem today than they were in the times of the gemarah?
Your disgusting statement shows a sense of entitlement to an insane level.
Come off your high horse.
to ‘benephraim”
Great line, “The woman has no חזקת אשת איש any more because there is no unanimous psak.” If only life were so simple. That might be true if the question was asked right after kiddushin. But it was not. She has a chezkas eishes ish. Your line reminds me of those old commercials “I’m not a doctor, but I play one on TV.”
Justice for all
You speak with ignorance. As if it’s up to a rav to “figure something out” as you say. When a man doesn’t want to give a get there is only so much you can do. I’m sure your aware that a coerced get is pasul.
we cannot allow the disease of liberalism and feminism to get in the way of halachos of kiddushin and gittin
From the agunot I’ve known, the rabbis did nothing to help them. They can do is pasken that they remain chained to their abusers. They protest this and they protest that, but when you have a protest against a get refuser, it’s always the “modern” crowd. The get refusers I know did not suffer any consequences for abusing their wives in the community.
Mindful your another ignorant person. There’s a very fine line between encouraging convincing even pressuring a man to give a get and downright coercion. A coerced get is pasul. So I’m really not sure what you expect rabbis to do. They can’t hold a gun to his head nor can they beat him up nor can they make him pay penalties. All they can do is excommunication and unfortunately that never works for many reasons.
The medical “diagnosis” is clearly fraudulent, as it was not based on first-hand examination of the husband. That’s enough for a therapist to lose his license here in the states.
Unfortunately, this is not the first time that this nevala has been done in Klal Yisrael.
The letter from the Geonim in Bnai Brak was not translated completely here. It is posted elsewhere. The protest and מחאה was just that. No one said the children would be ממזרים. The Geonim correctly said that it is a breach of the fences of psak which it is of course.The Rabbonim in the Beis Din are nevertheless עהרליכע אידען and represent a competent פסק as always.
It’s obvious from the Gedolei Yisroel’s statement that if this Eishes Ish “remarries” it is znus and any future children are mamzerim.
First of all can we stop the name-calling for the sake of kavod shemayim? Second, one who learns Chovos Levovos knows that no person can cause another harm without the reshus of HKBH. So if someone is r’l made an agunah, then it is the will of HKBH. Also please be aware that not every agunah is a helpless victim. In many cases they cause their ex-husbands tremendous tzoras by impugning their husband to their children as well as witholding visitation rights, making huge financial demands etc. That is not to say that it can work the other way as well. The only one who knows the emes is HKBH. It is not the Rabbi’s job to play games with halacha to make it ok for every agunah. The halachic concept of Agunah exists for a reason. There are cases where a healthy psak can be made but this is clearly not one of them and when the Gedolei Hador not just disagree but state that rationale is corrupt then we know we are not dealing with reliable dayanim.
Why does the YWN allow comments that are ignorant, dangerous, and disrespectful? Who are these commenters to second-guess the words of some of the highest rabbinic authorities of our times? And who are they to offer opinions about the difficult and delicate topic of aishes ish? Please ban these ignoramuses from this forum. And please post legitimate and respectful comments only.
Ignorant? Maybe. disrespectful?? absolutely not. Reread what i wrote. All i asked for is not to suffice with making a siruv which obviously does NOT help. Lets spend efforts coming up with a Halocho approved solution to the Agunos crisis.
“Why, how you come you havent cured cancer, or depression?
The RABBANIM didnt create the issue of agunas. WHy should we be any more capable of “fixing” that problem today than they were in the times of the gemarah?”
Doctors and researchers are tasked with finding solutions to depression and cancer etc. But why?? they did not make the cancer or the depression?? they are in the proffesion and hence are tasked to do just that. I did not go to medical school so you can not ask me to find a cure. If i do find one i will definitely share it with the world. As a family member of someone who passed away at a young age from Cancer, i do research often to see what has been done to find a cure. Donated money to help more research. donated money to RCCS etc so others can be helped.
Same is here. We got a beautiful Torah from above and The aibeshter gave it to the chachomim to interpret it and deduce halachos from it. So, yes, if there is a halachik problem of agunot, you cannot expect me (whom you called ignoramus) to find the solution.
Apparently Siruv and cherem worked in the days of the Gemara. It doesn’t work now.
Many many posking today are pushing for a halachikly approved prenuptial agreement. But why?? don’t we have a Kesuba? Kesuba was created in the times of gemara and was NOT needed before. but there was a problem with the whole gittin process so the Chachamim instituted the Kesubah.
We are now at a new time period where the Kesuba unfortunately doesn’t help and in most divorce case it is the center of the agunos problem because it becomes a battle how much the husband really needs to pay etc etc.
that is why i am asking and pleading to the Rabonim to please find another solution for these days.
There is nothing wrong asking that.
“Your disgusting statement shows a sense of entitlement to an insane level.
Come off your high horse.”
I was never on a high horse and again not sure what in my statement showed any sense of entitlement.
Yes you are very disrespectful. There is something very wrong with insinuating that if you oppose those who are undermining kedushas yisroel, you are somehow part of the problem. Imagine gedolim opposing a bogus heter to open your store on Shabbos and then people blaming them for the problem of poverty. Every time you respond, more ignorance is evident. Siyag lichochma shtikah. Vikol kesil birov devarim.
The square: you are once again going off on a rant without even having read what i wrote.
I was never Ch”v saying that the Gedoim should support a bogus heter. All i was asking is to spend the same efforts to find a solution. You obviously have not been closely involved in a messy divorce case and have never seen the pain the family is going through including innocents children. And these children and spouses many many times go OTD because they realize that Halacha and torah binds them in this mess. When the truth is that if properly applied halacha is support to take them out of it…