Get Refusal

[EliJelly]

Cant open. Who's that?

[imayid2]

Cant open. Who's that?

I don't know his name. He's clearly addled. Seen a couple clips from him mostly bachurim having fun and helping prav as אדמו״ר דנטורי קרתא

[TimT]

They’d make a perfect couple.

[Mordyk]

[imayid2]

Very interesting that he felt a need to be מתייחס

[yitzgar]

Very interesting that he felt a need to be מתייחס

I'm more interested in the rare circumstances he refers to...

[zh cohen]

https://reason.com/volokh/2024/03/26/when-parties-agree-to-religious-arbitration-arbitrators-religious-decision-is-enforceable/

Bonus points for figuring out who "Rabbi Baldamelski" mentioned in the ruling is.

[imayid2]

https://reason.com/volokh/2024/03/26/when-parties-agree-to-religious-arbitration-arbitrators-religious-decision-is-enforceable/

Bonus points for figuring out who "Rabbi Baldamelski" mentioned in the ruling is.

Very interesting.

How will it be enforced? This can cause a lot of problems.

[zh cohen]

Very interesting.

How will it be enforced? This can cause a lot of problems.

I was thinking the same, but the ruling mentions that the Beis Din's ruling included a ruling from Rav Mendel Shafran giving permission to go to court to enforce the psak. I understand that to mean that this is a situation where kefiya is appropriate.

[imayid2]

I was thinking the same, but the ruling mentions that the Beis Din's ruling included a ruling from Rav Mendel Shafran giving permission to go to court to enforce the psak. I understand that to mean that this is a situation where kefiya is appropriate.

Have to look again but I don’t think he said “to enforce the psak”, just to present it.

Looking quickly it seemed the psak lgaresh was based on the fact that the marriage wasn’t reconcilable. That isn’t accepted as grounds for kefiya.

[zh cohen]

Have to look again but I don’t think he said “to enforce the psak”, just to present it.

Looking quickly it seemed the psak lgaresh was based on the fact that the marriage wasn’t reconcilable. That isn’t accepted as grounds for kefiya.

Since the ruling only quotes excerpts (which seem to be translated from Hebrew) it is hard to say, since the court quoted what they felt was relevant, not necessarily what is halachicaly important.

 But I understood the mention of "obligated" and "must" as the basis for a tzav kefiya.

If the case being discussed is the one I am thinking about, the husband was kicked out of his shul until he gives a get.

[imayid2]

I understood the mention of "obligated" and "must" as the basis for a tzav kefiya.

Obligation to give a get is no basis for kefiya. Most cases that a B”D orders the husband to give a get would not translate into a heter kefiya.

If the case being discussed is the one I am thinking about, the husband was kicked out of his shul until he gives a get.

That isn’t kefiya rather הרחקה דר״ת. Obviously a court enforcing an order would be going beyond that.

[imayid2]

https://matzav.com/aguna-receives-divorce-after-2-years-because-her-husband-wanted-to-fly-to-uman/