Injunction against a seruv

Montreal – a religious woman is civilly divorced since 1997. She is still waiting for a Get, her Jewish divorce. Her ex is going to civil court to say that no Beit Din can force him to give his wife a Get – he just filed an injunction against the Beit Din.

Please click here to watch.

Hat Tip DBG.

4 responses to “Injunction against a seruv

  1. I thought this problem over and pondered whether it would help that civil courts do not allow remarriage prior to religious divorce.

    This would help the Agunot. However, this solution does not work because of the catholics: the catholic have no religious divorce, so every catholic who remarries (a second time after a first marriage in church) is doing so without religious divorce. In fact, the whole civil marriage and divorce thing was originally promoted to bypass this problem….

  2. Is it common that you receive so few comments on a topic like this one? Is there some restraint on the part of the usual readers to comment on something halachic and/or legal that is pending? I feel so badly for this woman, who obviously is “punished” and not able of having children because of some despicable decision of not complying with giving her the get, from someone who freed himself in the legal civil system.

    I don’t know enough to suggest any solution, but shame on such a man who would not give the get, is all I can think of.

  3. Can’t comment on Canadian law.
    Here in the USA the law is pretty clear and freedom of religion is paramount.
    The Bet Din has no legal authority to compel him to do anything, unless he signed a binding arbitration agreement as some point prior.
    For a court to back up the Bet Din violates his freedom of religion. A secular court can not compel a citizen to engage in any sort of religious procedure anymore than it could force me to undergo a church ceremony.
    However, the only weapon the Bet Din has is social ostracism and they don’t wield it terribly effectively.
    Religion in a free country is voluntary. A government can not violate one ex spouses freedom of religion by forcing him to adhere to a religious authority, in order to support the choice of the other spouse, who voluntary chooses that particular religion and its requirement to obtain a get.

  4. The best solution to this problem would be to declare that we are all Mamzerim

    Actually, given that mamzerut is transmitted by men and women. it is quite improbable that, in the course of 3000 years history, we did not end all up with a mamzer sowhere among our ancestores (3000 years = 100 generations that’s 2^100 ancestors in that generation, that’s 1000. persons (not all of them diffent, of course, the same ancestors keep repeating themselves). There certainly was a mamzer among them somewhere, sometime, and one single mamzer is enough…

    Other solution: inverse the get procedure: since the husband is not really bound to marital fidelity in Judaism, it bothers him less to be an “agun”. So the right to give a get should belong to the woman, not the man.

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