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What are the requirements of the Beth din for a man to divorce a women who is brain damaged?

  • If she has parents, can they go with her to the Beth Din to hear what is being said.
  • Who represents the woman?
  • Does a witness have to be present in the court? Who can be a witness?
  • Who keeps the Get if the woman can’t receive it?
  • What are the obligations of a Beth din towards the woman?
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    Welcome to MiYodeya Chana and thanks for this first question. Great to have you learn with us! – mbloch Feb 25 at 15:44
  • I changed the title to match your question. Your title had included "heter 100 rabbi" but you don't mention it in your question. If it's relevant to the question, I suggest you edit it into the body of the post – b a Feb 27 at 10:30
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Originally a man could divorce his wife without her consent but about a thousand years ago Rabbi Gershom made a near universally accepted decree that she must consent to the divorce. The 100 Rabbi Excemption just allows him to divorce her the old way. The woman does not need an agent to accept the get for her. (The physical delivery of the document may still need to be effected)

Suppose the husband has really good insurance and the wife will lose this if divorced. Anyone could raise this issue to a Rabbi the man approaches and the Rabbi could decide not to endorse the petition.

In practice, because thelaws of divorce are treacherous waters, i is far safer for the man to take on a second wife which can also achieved with the 100 Rabbi Exemption.

Added:

There are some laws regarding the production and delivery of the document but a single scribe is capable of creating the document with the husband and two kosher witnesses.

A beit din would provide the mediation service to work out matters such as child support and division of assets but their factfinding and due diligence responsibilities are not codified as a spiritual matter. A rabbi serving on the beit din could consider any testimony or evidence that he believes to be credible.

The rabbinical organizations such as the Rabbinical Council of America or the Chief Rabbinate, however, will probably refuse to regonize the Gittin of a rabbi who has demonstrated that he is a complete bonehead by being negligent in these matters. Whether the get of a bonehead rabbi is valid, post facto, is a massive problem for jewry.

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    But the latter doesn't help the wife. She's still stuck married to the guy. – Daniel Feb 25 at 15:25
  • If she is brain damaged, she is unlikely to remarry. Her remaining married a s a co-wife is better for her because the husband still has to support her. – Clint Eastwood Feb 25 at 15:43
  • Thank you for your answer. I am more interested in the process of divorce and protocol that needs to take place in the Beth din court proceeding. Who protects the woman’s rights? Who can testify on her behalf? While the 100 rabbi exemption laws free the husband to remarry. How does the Beth din know that all that the husband says is true, correct etc. who is witness to verify that it is all true? What due diligence does the Beth din need to take? Thank you for your interest – Chana70 Feb 25 at 16:37
  • i have expanded my answer – Clint Eastwood Feb 25 at 18:22
  • Appreciate you’re answer Clint Eastwood. So I understand there is no protocol or format of procedure for the actual court proceeding. Just 2 kosher witnesses. I therefore, surmise that what is done is done. There is no recourse or process for those who have been excluded from the decision making process which was taken while the woman’s parents who were not present or notified of Beth din dates etc – Chana70 Feb 26 at 8:33

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