Author Topic: Get Refusal  (Read 70212 times)

Offline Lurker

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  • Location: As always, silence is NOT an admission of agreement on DDF. It just means that people lack the stamina to keep on arguing with made up "facts", illogical arguments, deceiving statements, nasty and degrading comments, and fuzzy math. - @yelped
Re: Get Refusal
« Reply #220 on: March 16, 2021, 11:05:09 PM »
Rav Yisroel Reisman was on the filing for a supreme court injunction too, I believe. I don't think people would consider him unreliable due to that.

Did he also get arrested for activism?
Failing at maintaining Lurker status.

Offline YitzyS

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Re: Get Refusal
« Reply #221 on: March 17, 2021, 12:55:30 AM »
https://www.thelakewoodscoop.com/news/2021/03/submitted-get-refusal-isnt-always-so-simple.html

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Offline Euclid

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Re: Get Refusal
« Reply #222 on: March 17, 2021, 12:59:49 AM »
https://www.thelakewoodscoop.com/news/2021/03/submitted-get-refusal-isnt-always-so-simple.html

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My stomach drops whenever I see a "Submitted:" headline on TLS. It's like they place a tape recorder in the coffee room at random intervals and transcribe the babble.

Offline yesitsme

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Re: Get Refusal
« Reply #223 on: March 17, 2021, 01:05:02 AM »
https://www.thelakewoodscoop.com/news/2021/03/submitted-get-refusal-isnt-always-so-simple.html

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reminded me when I was a bochur in EY, there was someone in shull that had custody of his kids (I don't know the story behind, she went OTD) every other Shabbos police would show up to check up on the kids because the ex-wife would call Mishtara that he is abusing the children.......... week after week

Offline yuneeq

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Re: Get Refusal
« Reply #224 on: March 17, 2021, 01:23:39 AM »
https://www.theyeshivaworld.com/news/featured/1957782/another-agunah-has-been-freed-following-public-pressure-campaign.html

Despite the article, this is a case where I wouldn’t take sides...watch their interviews, they were both perfect for each other...
Visibly Jewish

Offline Euclid

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Re: Get Refusal
« Reply #225 on: March 17, 2021, 01:43:15 AM »
Despite the article, this is a case where I wouldn’t take sides...watch their interviews, they were both perfect for each other...
What interviews?

Offline Euclid

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Re: Get Refusal
« Reply #226 on: March 17, 2021, 01:50:16 AM »
Has there been any gitten given from this campaign other than the ones from the Syrian community?

Offline S209

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Re: Get Refusal
« Reply #227 on: March 17, 2021, 01:58:36 AM »
Note that in my post I allow plenty of room for exceptions, the question is where your gut reaction lies. Get refusal is abusive behavior, it is as clear as day.
You said “if there are cases, it’s one in a thousand”. That’s hardly “plenty of room for exceptions”.

What is your source that get refusal is abuse, clear as day? What makes it automatic abuse? I’m genuinely curious why you and others have taken such a hard stance, I don’t have much personal knowledge of the sugya. I have yet to see a clear explanation of why it’s automatically abuse, other than you saying it confidently.
Quote from: YitzyS
Quotes in a signature is annoying, as it comes across as an independent post.

Offline Mootkim

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Re: Get Refusal
« Reply #228 on: March 17, 2021, 10:20:07 AM »
If someone signs an arbitration agreement stating that they will agree to and go with a specific beis din, are they then able to go to court after? Asking from a legal standpoint...

Offline neveryou

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Re: Get Refusal
« Reply #229 on: March 17, 2021, 10:27:16 AM »
If someone signs an arbitration agreement stating that they will agree to and go with a specific beis din, are they then able to go to court after? Asking from a legal standpoint...
They definitely can go to court and drag it out for years, costing lots of money.

Offline AsherO

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Re: Get Refusal
« Reply #230 on: March 17, 2021, 11:29:00 AM »
If someone signs an arbitration agreement stating that they will agree to and go with a specific beis din, are they then able to go to court after? Asking from a legal standpoint...

I thing the whole point of arbitration agreements are that the parties agreed to go there and not to another arbitrator (another BD) or to court. My guess is the only way to take it back to court is to somehow first contest the arbitration agreement, and if it was done properly then that's probably not possible to do.
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Online aygart

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Re: Get Refusal
« Reply #231 on: March 17, 2021, 11:29:43 AM »
I thing the whole point of arbitration agreements are that the parties agreed to go there and not to another arbitrator (another BD) or to court. My guess is the only way to take it back to court is to somehow first contest the arbitration agreement, and if it was done properly then that's probably not possible to do.
It can still drag it on for years.
Feelings don't care about your facts

Offline AsherO

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Re: Get Refusal
« Reply #232 on: March 17, 2021, 11:36:33 AM »
It can still drag it on for years.

I get it. the wife pulls this shenanigan then has the husband smeared with this thread's title in the meantime. Meanwhile it's a one-sided issue...
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Offline whacked1

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Re: Get Refusal
« Reply #233 on: March 17, 2021, 11:37:58 AM »
I get it. the wife pulls this shenanigan then has the husband smeared with this thread's title in the meantime. Meanwhile it's a one-sided issue...
One of many...

Offline AsherO

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Re: Get Refusal
« Reply #234 on: March 17, 2021, 11:48:00 AM »
One of many...

Wait, if she signed an arbitration agreement but won't show up to the BD in it, shouldn't she be issued a siruv?
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Offline PlatinumGuy

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Re: Get Refusal
« Reply #235 on: March 17, 2021, 12:45:08 PM »
I thing the whole point of arbitration agreements are that the parties agreed to go there and not to another arbitrator (another BD) or to court. My guess is the only way to take it back to court is to somehow first contest the arbitration agreement, and if it was done properly then that's probably not possible to do.

Courts void arbitration agreements all day long.
״וזה כלל גדול: שישנא אדם כל דבר שקר. וכל מה שיוסיף שנאה לדרכי השקר – יוסיף אהבה לתורה.״ - אורחות צדיקים

Offline AsherO

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Re: Get Refusal
« Reply #236 on: March 17, 2021, 12:46:56 PM »
Courts void arbitration agreements all day long.

And courts enforce arbitration rulings all day long too. Hence:

if it was done properly then that's probably not possible to do.

I believe the BDA's pre-nup has an arbitration clause, if it was a waste of time why would they bother?

ETA:
BDA's standard prenup with the arbitration clause
BDA PreNup site
« Last Edit: March 17, 2021, 12:58:54 PM by AsherO »
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Offline avromie7

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Re: Get Refusal
« Reply #237 on: March 17, 2021, 12:47:53 PM »
And courts enforce arbitration rulings all day long too. Hence:

I believe the BDA's pre-nup has an arbitration clause, if it was a waste of time why would they bother?
There's a big difference between it's a waste of time and it's not fool proof.
I wonder what people who type "u" instead of "you" do with all their free time.

Online aygart

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Re: Get Refusal
« Reply #238 on: March 17, 2021, 12:49:49 PM »
There's a big difference between it's a waste of time and it's not fool proof.
Nothing is foolproof in the court system, but if it will be generally enforced we are doiing somewhat okay other than the time potentially involved.
Feelings don't care about your facts

Offline avromie7

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Re: Get Refusal
« Reply #239 on: March 17, 2021, 01:49:49 PM »
Nothing is foolproof in the court system, but if it will be generally enforced we are doiing somewhat okay other than the time potentially involved.
If a get is given based on an arbitration agreement that may be thrown out in court, the man gets the short end of the stick. The arbitration agreement may be a good thing, but the concession in return is a bad idea.
I wonder what people who type "u" instead of "you" do with all their free time.