What Happens When a Husband Refuses to Give a Get? Q/A #739

Chaim conducted a Q&A session focused on Jewish legal principles, particularly addressing questions about rabbinical courts, document witnessing, and marriage procedures. He explained the requirements for establishing a valid rabbinical court, discussing how three kosher Jewish witnesses are typically needed, but if one witness is absent due to death or other circumstances, the remaining two can still serve as valid witnesses unless there’s specific knowledge of a problem. Chaim emphasized the principle that authorities shouldn’t assume problems exist unless there’s clear evidence, applying this approach to various situations including determining Jewish status, wedding ceremonies, and divorce proceedings. The discussion covered civil marriages versus Jewish marriages, witness requirements for different types of marriages, and challenges in divorce cases where recalcitrant husbands refuse to give bills of divorce, with Chaim sharing examples of creative solutions and legal workarounds while acknowledging the ongoing challenges in these complex legal situations.

Rabbinical Court Document Requirements

Chaim discussed a legal question about the requirements for a rabbinical court and document signing, specifically addressing situations where one of the three required witnesses is missing. He explained that while a rabbinical court typically requires three kosher Jewish witnesses, if two witnesses are present and there’s no known issue with the third, the document can still be considered valid. Chaim emphasized the principle of not assuming problems exist unless there’s specific knowledge of an issue, stating that documents should be left on their “chazaka” (presumption of validity) unless there’s reason to suspect otherwise.

Jewish Religious Status Verification Process

Chaim discussed the process of verifying someone’s Cohen or Levite status in Jewish religious contexts. He explained that unless there is specific reason to question someone’s claim, they should be accepted at face value without extensive scrutiny. Chaim noted that while there are historical cases of converted Jews or those with uncertain lineage, in typical situations where no issues are known, people can be called up without verification.

Rabbinical Court Witness Requirements

Chaim discussed the requirements and assumptions for establishing a rabbinical court with three witnesses. He explained that unless there is specific information indicating a problem, such as a witness being absent or related to another party, there is no reason to assume issues with the witnesses. Chaim provided examples of marriage witnesses and emphasized that authorities typically do not look for problems unless they are explicitly mentioned.

Jewish Identity Determination for Marriage

Chaim discussed the approach to determining Jewish identity for marriage purposes, advocating for taking people at face value unless there are clear issues. He explained that while some individuals may have compelling evidence of Jewish heritage, most cases don’t require extensive investigation since conversion is typically necessary anyway. Chaim shared a specific example of a case where extensive documentation was presented but ultimately determined that conversion was still required, emphasizing that rabbinical authorities need 99-100% certainty before declaring someone Jewish.

Biblical Conversion and Marriage Issues

Chaim discussed conversion issues, explaining that while problematic conversions from 20-25 years ago can occur, proper biblical court conversions are rare and can be quickly resolved if issues arise. He addressed civil marriages, clarifying that Jewish women don’t need civil marriage for religious validity, though it may be beneficial for tax purposes, and explained that Jewish marriages only require kosher witnesses while civil registration is optional but often done for legal compliance.

Jewish Divorce Law Compliance Strategies

Chaim discussed the complexities of Jewish divorce law, explaining that while civil divorce provides legal separation, it doesn’t have validity in Jewish law without a proper bill of divorce (get) being given by the husband. He described various strategies to encourage compliance, including restraining orders and financial restrictions, while emphasizing that any divorce must be voluntary and cannot be forced under duress. Chaim noted that while these legal measures can create incentives, they must be carefully balanced to ensure the divorce remains voluntary and valid according to Jewish law.

Jewish Marriage Financial Obligations

Chaim discussed methods for enforcing financial obligations in Jewish marriage cases, explaining that while pressure tactics exist, they differ from forcing someone into a bad position. He described the specific requirements for kosher witnesses in Jewish weddings, including witnessing the ring exchange and the yikuten ceremony, and noted that these requirements don’t apply to non-Jewish marriages. Chaim also explained that while civil marriage is not legally required according to Torah law, it provides practical benefits for tax purposes and legal protection in case of marital disputes.J

Jewish Divorce Proceeding Challenges

Chaim discussed the challenges in Jewish divorce proceedings, particularly focusing on cases where men refuse to give a bill of divorce, which can trap women in marriage and prevent them from remarrying. He shared a specific case involving a vindictive father who betrothed his daughter to an unknown person, leaving the daughter unable to marry due to uncertainty about the identity of her betrothed. Chaim explained that while the system allows for such actions, it creates unfair situations where individuals can manipulate the system to harm others, particularly women. He noted that prenuptial agreements have helped address some of these issues in the modern Orthodox community, though challenges remain in other communities.

Excessive Prison Sentences

Chaim discussed the case of someone who received an excessive prison sentence, expressing that the punishment was “horrific” and “billion times greater than it should ever be.” He questioned whether the person deserved such severe treatment, suggesting that corruption or hidden motivations might be involved, though acknowledged that “God’s eyes” might see reasons not known to humans. Chaim also mentioned another case involving someone who was “burned by someone” and spent 30 years in jail with seven years in solitary confinement, though the specific details of this second case were less clear.

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