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19

In this particular case R. Lau was upholding the UOR’s ruling. The latter’s ruling (viewable here) was based on Rema (EH 154:21), citing earlier authorities, who permits to withhold any aid to a “sarvan” (one refusing to grant a get) including circumcising or burying his children. Upon this precedent the UOR ruled that preventing the mother’s burial is ...


17

Let's take your question a step farther: why get married at all? Why not just live with, and have relations with, whomever you like? No marriage means no difficulties in ending it. If you're hesitating at that -- if you think that the concept of "marriage" has some meaning and you're just questioning which type (civil or religious) -- then the first part ...


11

1. Where does the principle of halachic marriage annulment (afka'inhu) apply? There are five Talmudic cases where this principle is invoked: A man betrothed (eirusin) a minor (rabinically) and was attempting to finalize the marriage (nissuin) once she reached majority. Before he did so, a second man seized her, and seemingly betrothed her on a biblical ...


9

Let's leave aside the question of whether the concept of "kol demekadesh adaata derbanan hu demekadesh" (weddings are conditional on the agreement of the greater rabbinate) relies on their power to declare things ownerless. 700 years ago, the Rashba (Responsa 1162) asked why the rabbis didn't cancel weddings retroactively in the case of a happily-married ...


9

A. Assuming she is in the United States, she should contact the Beth Din of America and explain the situation to them. Most likely, upon understanding the predicament, they will issue a summons to her "husband." They also have experience with how to approach the husband in a way that's least likely to lead to a standoff. B. IF, God forbid, that summons is ...


7

Even though it's an old question, still I would like to answer it, as my native country was heavily involved in this very sad historical event. One of the most important work on the issue is the essay of R' Tzvi Hirsch Meisels זצ"ל of Vác (Waitzen), who wrote in 1946 Kuntres Takanot Agunot right in the Bergen Belsen DP camp after the liberation (see original ...


7

Assuming that marrying through a civil ceremony would prevent future possible agunah scenarios (which isn't really true, @Shalom's excellent answer to your other question), there are still plenty of reasons to marry properly according to Halacha: Not marrying properly means that the entire time the couple are together they are committing sins. The large ...


6

Coercing a levir to perform halitzah [when one side has reason to reject entering into levirate marriage] is discussed in Yeb. 39b (see Tos. s.v. amar & Tos. Ket. 64a s.v. ve'dinei). In modern day halachic literature this tactic is discussed in multiple rabbinic responsa: R. Chavitah HaCohen (d. 1959, Simchat Cohen EH 57), R. Isaac Herzog (d. 1959, ...


5

The rules of disinterment are quite strict (see SA YD 363:1), dinonline has a good summary. The case you ask about is not part of the list, nor are there any cases of pressuring a family member. A beit din would have to be asked but the "burden of proof" appears much higher than a delayed burial. Several exceptions to the prohibition are mentioned by the ...


4

I’d like to take this a step further than the other excellent answers. Those all address that we have Kiddushin u’Nisuin.1 I’d like to address why. It is, in fact, is a debate between the Rosh (Rav Asher ben Yechiel, 1250/59-1327) and the Rambam (Rav Moshe ben Maimon), whether it’s a mitzvah to get married at all. The Rosh (Kesuvos 1:12) writes that we ...


4

As Oliver stated the specific ruling is based on the Rema, but the reason the Rema (and others) allowed refusing burial to the family of a get-refuser is not mentioned so I'm adding it here. The origin of the idea of refusing burial to the family of a get-refuser or other person on violation of a beit din is Paltoi Gaon (841-858). He includes several ...


3

Tziporah was definitely allowed to get married From Hashem's testimony as Yevamos 122a says: A woman who hears from a BasKol (heavenly voice from a Malach communicating Hashems wishes Sotah 33a) that her husband died can get remaried according to Beis Hillel. ומשיאין על פי בת קול מעשה באחד שעמד על ראש ההר ואמר איש פלוני בן פלוני ממקום פלוני מת הלכו ולא ...


3

In "Gray Matter - Discourses in Contemporary Halachah", Rabbi Chaim Jachter explores various proposed solutions to the Agunah problem, including the idea of instituting a condition that would retroactively annul the marriage in the event of civil divorce. He writes that such a suggestion was made in the late nineteenth and early twentieth centuries by some ...


3

The problem is that a beth din used to have teeth, and could force, even by physical force if necessary, a man to give a get. When the rabbinate makes a ruling that a get should be given, a man is compelled to follow them. If the man refuses, this carries consequences. For example, as stated in Ketubot 86A: א"ל רב כהנא לרב פפא לדידך דאמרת פריעת בעל חוב ...


3

A twist on this is Rabbi Rackman's proposal, there is an implicit condition "I'm only marrying you if you're the type of person who wouldn't leave me an agunah." Rabbi Yitzchok Breitowitz refers to this as the "bad seed argument." The problem is that people can change. Sadly, maybe at the moment of the wedding he was not the sort of person who could do ...


2

A civil marriage is not considered a marriage by halacha. So if a Jewish woman wants to follow Jewish Law, she marries through a Jewish marriage. To do otherwise would be disobeying G-d.


2

Shulchan Oruch, Even Haezer (for example 12, 1) rules a couple of times that people involved in Gerushin process can not marry the woman in the first place, but if they did, they can not divorce her as we suspect conspiracy: One who brings a divorce document ... may not marry her because of suspicion [that he lied in order to marry her]; but if he ...


2

The "old-fashioned" agunah was one where the husband disappeared at sea or the like, and there's insufficient proof of death. As hazoriz mentioned, the Talmud allowed for weaker forms of proof than we might otherwise require, to make it easier for her to remarry. (Still, the rabbis have to be solidly convinced that the husband actually died.) Such questions ...


2

The Gemara addresses this in 19b, and Rashi there explains the mishna; he says the issue here is that yibbum and chalitzah both clash with the obligation of a king's honor. Chalitza -- to have him summoned before the court and for someone to spit in front of him; yibbum (this is cool!) -- for him to say "I'm filling in for my dead brother" ... the king ...


2

See mishna Avot 4, 22: והוא בעל דין, והוא עתיד לדון; שאין לפניו לא עוולה, ולא שכחה, ולא משוא פנים, ולא מקח שוחד--שהכול שלו.‏ G-d has a special status of witness regarding the accomplishment of the Divine Justice. But I. Bet din it's different. Concerning the death of someone the kol that he's dead is sufficient. Or one posul witness to reach this ...


1

In this answer a man with amputated legs above the knee cannot do Chalitza and would normally have to do Yibbum whether sefaradi or ashkenazi. Seridei Eish III 49 quoting Or zarua 665. So if this amputee is also forbidden by a Negative commandment to marry this woman in these cases: a Petzua Daka - he has crushed genitals and cannot marry a Yisraelis (...


1

The case of The Oven of Akhnai in Bava Metzia 59a-b involves a psak Halacha. The Rabbis had all the facts in front of them and were arguing what the halacha should be. As a result, the bas kol could not over rule the final psak. In the case of Moshe Rabbeinu, the actual facts were unknowable. As a result, Hashem could let the Bnai Yisrael know what the ...


1

I understand your anger, but I would broaden this question further to: why would a woman enter non-equal, subordinate, depending, maybe discriminating relationships for the whole life, not only risk in final Aguna state, according to Judaism. All answers are pretty much standard - Kedusha, destiny, Mitzvah etc. I have a different view altogether (from my ...


1

there are Rabbis who ask your question and give a possible alternative, (it might be biblicaly forbidden to have extramarital relations, so she does it (takes the risk (gets married and TRUSTS in G-d)) to have relations (and also to be taken care of (When a man marries a woman, he is obligated to her in ten things: providing her with subsistence. supplying ...


1

The OP asks about the "fairness" of two cases in Torah Law claiming that they seem "unfair": A man who refuses to give his wife a get (divorce); for whatever reason. A woman who never received a divorce from a husband who is still alive, but incapacitated, or his whereabouts and/or living status is unknown. (missing but we do not know if he is in fact dead) ...


1

Your question refers to two cases - Aguna and Mesurevet Get. Your question seems to address the cases where she is really stuck through no fault of her own, as when her husband is in a coma, or the classical case where her husband is presumed dead but there is no proof. Mesurevet Get is generally through her own fault and is a very different question, so I ...


1

This concept that the Rabbis can annul/ uproot a marriage is found in several places in the gemara such as Gittin 33a and Kesuvos 3a. The Rabbis have the right to do this because when we get married we say k'das moshe v'yisrael (see Tosfos Kesuvos 3a) which means in a select few cases the Rabbis have the power to retroactively uproot the kiddushin. Nowadays ...


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