Tuesday, August 22, 2017

Shtar Yuchsin for the "'minhag America" marriage issues

America Needs A  פינקס
In Europe every Rov maintained a pinkus, which was a list of people in his city that had problems with Yichus for the purpose of preventing them from marrying into the Kahal. Even though it was needed much more in America, the lack of Kehilas and the inability to prevent people with poor Yichus from marrying into the Kahal discouraged the practice of keeping a Pinkus. I would just like to point out one type of Yichus issue that has mushroomed phenomenally in the past 40 years, this consists of women who have received a questionable Get from their husbands, remarried and given birth. I will discuss briefly 3 scenarios to articulate my point that these issues are pervasive, since I am sure all readers have firsthand knowledge of a case covered by the following. A detailed explanation of why these Gittin are invalid is out of scope for the current post.

GITTEN GIVEN BY COERSION                  
The first scenario we must discuss are Gitten given thru force. This is broken down further into two types of coercion. The first type of coercion is physical. The penetration of the Feminist philosophy amongst us has led to the false assumption that a woman is entitled to leave a marriage at will and it is cruel to prevent this from happening. The second issue is that there are many women who are high income and have no problem paying a sum of 100k and above to any one that can get her out. This has led to a cottage industry of Batei Dinim staffed by רשעים גמורים  who beat the husband until he tells the סופר to write the Get which is then written and given to the woman who is under the impression that she is now allowed to remarry. This was the modus operandi of Epstein and Wohlmark until they were imprisoned. Epstein was also in concert with other Rabbis besides Wohlmark in physically coercing husbands to give Gitten. The fact that they were able to coerce Gittin from so many husbands and for so many years is a testimony to the lack of Rabbinic leadership and concern from the Brooklyn  Rabbinate about maintaining the proper level of Yichus in Klall Yisroel. 
The second type of coercion is financial. This is done by the court system where women get the court to impose significant financial judgments against the husband unless he gives his wife a get. The most recent by Kaufman and Rudinsky.
The second scenario consists of women who walk out on their husbands and then force them to give a get using Rabbinic or social pressure. They claim that since the marriage is broken they are Agunas and therefore it is a Mitzvah for the husband to give them a Get. This is a 100% wrong. They are reclassifying a מורדת as an עגונה. They have created a new right for women called Get On Demand. The biggest perpetrators of this tactic are the Feminists and MO with their ORA organization that panders to them. The only time we force the husband to give a Get because of Agunah is if the husband is going to run away or else refrain from meeting his obligation of (שאר כסות ועונה) שכו''ע  If the husband says that he is willing to meet his obligations the woman is not under any circumstances an Agunah.
The third scenario can be achieved by two methods  1> מקח טעות the Bais Din declares that the husband had a serious defect at the time of the wedding and therefore the marriage was performed in error and the woman has a right to leave. The serious defect they fabricate does not meet the standards necessary to nullify a marriage   2> The Marriage Ceremony was done improperly and is therefore void. Usually by claiming there was a problem with the witnesses. The case of witnesses is also usually not valid since there were enough Kosher witnesses who saw the ceremony and we Paskin that this is enough. It is well known what the Kamanetzkis, Greenblatt, Gedalya Schwartz and others have done along these lines.
While I have no solution to the exploding Shalom Bayis crises that we have. I feel that we must get a handle on the contamination caused by those Rabbonim and Batei Dinim taking advantage of the issue and protect our own children and grandchildren from losing their Yichus.
Toshav Monsey                                                                                                  Toshav@optimum.net


Anonymous said...

You keep a Pinkus anyway. Just publicize it.

Anonymous said...

What about the "Philadelphia" "heter" to remarry without a Get ??
Why is everyone so quiet?
Shame on Me!
Shame on you
Shame on us all ..Why did We allow this to happen?