Issue: How do we have the man’s will while being forced at the same time?
SEE ๐ BELOW THE WORD FORMAT OF THE โ๏ธ ABOVE POST:
“Will vs Force Paradox” by GET
Issue: How do we have the man’s will while being forced at the same time?
The Pasuk says, “If she does not find favor in his eyesโฆ.” (Devarim 24:1). From here we learn that you need 100% of the man’s will to give a Get.
In contrast, the Mishnah in Ksuvos 77A allows us to force a Get in 6 cases (He has boils, tanner, dung collector, copper smith, Baal Pulipus that has smell emitting from his nose or mouth).
RambaM’s response: His inner will wants to do what Torah says. So force his outer will to follow his inner will.
RambaN’s response: The “Chachomim of the Gemara” have the power to annul the original marriage. A man marries K’Daas Moshe V’Yisroel, according to the Chachomim. They can retroactively affect your Kidushin. The Chachomim can also make Hefker the man’s money that he used to be Mekadesh her.
Final Halacha: According to 40 Rishonim, which make up the overwhelming majority versus 7 Rishonim: We Paskin like the RambaN, and not like the RambaM. So that means, that we are annulling a marriage when we “force a Get”.
Only the Chachomim of the Gemara have that power and they only allowed it in the 6 cases of the Mishnah. Batei Din today try to derail and rewrite 1000 years of Halachik Responsa history by trying to follow the Rambam and force Gittin even in cases that arent listed in the Mishnah.
In this letter the Satmar Rav proclaimed all Gittin of Rav Leibish Landesman to be Passul. This audio recording is a loose translation of the above letter about Rav Leibish Landesmen that his Gittin are invalid.
R’ YISROEL KNOPFLER FROM BADATZ OF LAKEWOOD AND OTHER DISHONEST BATEI DIN VIOLATE THIS CRITICAL HALACHA IN SHULCHAN ARUCH. YOU’RE NOT ALLOWED TO FORCE A GET EVEN WHEN THE MAN IS CRAZY ABUSIVE, VIOLENT AND LETHAL!
Batei Din today try to falsely paint men as being abusive in order to force a Get. In reality, this is far from the truth and they are relying on a rotten foundation to make these kinds of assumptions. Nowadays, lawyers advise women to claim abuse in court in order to get custody of the children from her husband. Halacha doesnt rely on the woman’s testimony that came from the advice of a lawyer or a Toen. Even if she stated it on her own, Halacha doesnt rely on her testimony in the face of her husband denying it. It would need to be examined properly by expert Dayanim according to the halachic guidelines shown below.
Besides for this, even if it were true that the man is abusive, it still wouldnt allow for a forced Get. We see this Halacha in the Shulchan Aruch that we Paskin like the Rosh. The Rosh (Klal 43:3) speaks about a case where the woman claimed the man was dangerous to live with since he would kick, hit and bite when he became upset to the point that he was lethal and she was afraid for her life. Still and all, the Rosh didnt allow for a forced Get. See attached 60-second audio and screenshot for the full Tshuvah from the Rosh. Audio credit: SKW Archives
Whenever a case comes to Bais Din, they need to compare it to the cases found in the Poskim and use that to make a determination. The Rosh’s case talks about an extremely violent man that’s dangerous to live with. So Bais Din needs to ask themselves, is the case in front of us worse than the Rosh’s case? Thats the guidelines that they should be following. A woman that claims her husband is abusive and violent doesnt qualify for a forced Get under these guidelines. The woman may not be required to live with her husband if her claims are proven (in certain qualifying cases) but even in those qualifying cases the man still always has the right to pursue Sholom Bayis for the rest of his life and try to do repair things. This is what Torah wants. This is how all the Rishonim and Poskim spoke throughout Jewish history. This is very different from what is expected under social norms and secular ideologies.
On a side note, the Torah only considers a woman an Agunah that we could force a Get when her husband is refusing to give her Oinah. And that is only true when Bais Din determines that he’s not holding it back due to her fighting with him. If she was causing it, she is a Moredes and there’s no grounds to force a Get.
Even when he refuses to support her when he is capable, we cant force him to give a Get. In certain instances he may be considered “Chayiv Get”, but we cant shame him in public. Bais Din can tell him privately to give a Get after they tried to force him to support her. Thats it! Practically speaking, this doesn’t exist today because she could get support (sustenance) from family, government programs or from the community.
Additionally, when a woman leaves her husband, she is generally considered a Moredes that no longer deserves to be supported according to Halacha unless she comes back.
R’ Knopfler is certified as a Dayan Hedyot by 45 Gedolei HaPoskim. All of his Psakim are invalid by default. A Dayan Hedyot refers to a Dayan that’s isnt qualified to deal with Gittin. The Gemara says that any Dayan that isnt an expert in Gittin and Kiddushin shouldnt be involved with them at all!
R’ Knopfler continuously, shamelessly and wrongfully claims he could force a Get when there’s substantial proof (Amasla M’Vureres) to a woman’s claim of “Muis Alay” (my husband is repulsive to me). He thinks he knows better than 45 Gedolei HaPoskim, such as, the Mordechai, Rosh, Ran, Ritvah, Maharik, Hagohois Maimoinis, Maharival, Maharshal, Chida, Rama, Radvaz and Shach. See all Poskim and sources in the posts attached!
There are extreme cases throughout history (see attached posts with many examples) that the Poskim did not allow for a forced Get, even though the man had a proven and well-known bad character trait! How does R’ Knopfler create nonsense out of thin air to force a Get by Amasla M’vureres – especially when the men he forces are actually decent upstanding husbands that he just creates a false narrative about them to fit his picture and keep making more money off of Dinei Torah and Gittin-on-Demand! Even if they were bad men, the Gedolei HaPoskim still wouldnt allow for force as it makes Mamzerim.
R’ KNOPFLER IS A DAYAN SHEKER – CERTIFIED BY THE RAMA!
R’ Knopfler keeps saying he relies on R’ Shternbach to force a Get by Muis Alay. The issue is that we don’t follow the Daas Yochid. The overwhelming majority of Rishonim and Achronim (231 Poskim) throughout all of Jewish history Paskin against him.
R’ Knopfler decided to follow the Daas Yochid as his heart desires. This makes a passul Get and Mamzerim. The Rama says (Choshen Mishpat 25:2) that a Dayan that picks and chooses to follow any opinion as his heart desires, he’s a “Dayan Sheker”! See underlined in attached screenshots.
Additionally, the Rama says, if it’s an Issur Min HaTorah (such as the issue of Eishes Ish when it comes to forcing Gittin), we follow the stringent opinion even if it’s the minority opinion.
Regardless of the aforementioned, the overwhelming majority already ruled you cannot force by Muis Alay. It wouldn’t change, even if you only had the minority.
Moreover, the Rama says that we always follow the majority when there’s a dispute between a Daas Yochid and the majority opinion! (For Issur Doiraisa we always go L’Chumrah, as in the previous paragraph). This is accepted as foundational in all of Halacha that we follow the majority! See Klalei Halacha.
See Rama in Even Hoezer 154:21 that we posted on a previous date that you always follow the stricter opinion when it comes to forcing a Get because of the severity of Eishes Ish and Mamzerusโฆ
โฆ.But R’ Knopfler thinks he could keep MISQUOTING the Rama to force a Get, Heaven Forbid!
RCC BAIS DIN OF CALIFORNIA, BDA (BAIS DIN OF AMERICA), AND RCA BAIS DIN OF NEW YORK ARE PASSUL
Please see audio of loose translation of attached Siruv Letter against R’ Hershel Shachter (from New York – leader of RCA, BDA and ORA) R’ Nachum Eliyahu Sauer and Avraham Michoel Union (from California – RCC).
ACTUAL PROOF OF R’ KNOPFLER MAKING MAMZERIM THROUGH PASSUL GITTIN! HE OPENLY ADMITS TO ALLOWING FORCE BY MUIS ALAY!
See attached whatsapp screenshot from another group where R’ Knopfler is answering someone’s question regarding forcing a Get by Muis Alay! He says Bais Din can make that determination.
See the page R’ Knopfler posted from Shulchan Aruch in end of the attached whatsapp screenshot. R’ Knopfler misuses and misquotes a source that talks about “monetary issues” (Bais Din making a determination if we make her return what she grabbed on her way out) and intentionally confuses the public to say that its talking about forcing a Get! This is his actual admission to the public that he’s forcing Gittin against halacha and making Mamzerim.
R’ KNOPFLER LIES AND HE’S MACHSHIL THE PUBLIC – He says that a Bais Din has the right to determine force by a case of Muis Alay – when in fact Bais Din does not have that right. See our earlier post that we follow the overwhelming majority of 40 Rishonim that dont allow force by Muis Alay. –
A GET BASED ON A PSAK OF MUIS ALAY IS PASSUL! R’ KNOPFLER USES MUIS ALAY AS HIS USUAL REASON FOR HIS PSAK FOR A GET, MAKING HIS GITTEN PASSUL!
(“Muis Alay” means she says “Im repulsed” by my husband – frequently used as claim today by women that divorce.)
The Rama that R’ Knopfler quoted from EH77:3 actually says you dont force a Get by Muis Alay. โฆืืืื ืืืคืื ืืืชื ืืืจืฉโฆ
For full context and translation of the page that R’ Knopfler copied from the Shulchan Aruch – please see link below – Even HaEzer CH77:3 https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.77.3?lang=bi
On a side note, when the Rama in the Yesh Oimrim talks about forcing a Get – only in an unusual rare situation – by a man who tricked a woman into Kiddushin, for the final Halacha, we follow the Rosh thats brought down in Bais Yoseph elsewhere on the Tur, that it only applies for those Sefardim that exclusively follow the Rambam in all areas of Halacha, contingent that we first attempted to bribe the man, and this force is for a serious case of an obvious deceitful Kiddushin where the woman complained right away in the beginning of the marriage.
R’ YISROEL KNOPFLER AND HIS BAIS DIN BADATZ OF LAKEWOOD ARE DECLARED PASSUL BY OVER 30 RABBONIM.
See attached audio of loose translation of letter from over 30 Rabbonim of Lakewood saying that R’ Knopfler’s Bais Din “Badatz of Lakewood” and all of his rulings have no Halachik authority or standing at all. Listen to entire audio for full details of the letter. R’ Knopfler thinks that Reb Elyashiv Zatzal doesnt know the Halachos of Gittin. Audio credit: SKW Archives.
KNOPFLER’S MONEY MACHINE – ABOUT 20K- 50K PER DIN TORAH
Men who have had an experience with Yisrael Knopfler of Bais Din Tzedek of Lakewood have been warning as follows.
Knopfler lures in men with false promises like a predator grooming his victims.
He advocates arresting men on false charges or hurting them in any other way in order to force a man to give a Get.
Knopflers issues Seruvim left and right to force either party so that the case ends up in his Bais Din. That’s the greedy money machine at work!
He’ll promise the man and womans side whatever they want to hear to get them to come to his Bais Din.
Knopfler’s is an udercover member of the Get on demand establishment.
Knopfler violates Halacha on a wholesale level, ignoring statements and documentation from the man concerning the viability of Sholom Bayis or his Halachic rights to his children and assets.
Knopfler does all of this with the intent of forcing the man into giving a Get. Bait and switch. Most men don’t even realize they got messed up by him because he’s so good at what he does! He’ll sell you boats and bridges for hours so that you’re convinced he’s standing up for the man.
For example, he promises Heter Nisuin, but he’ll release the Get you deposited without giving you the conditions you attached to the Get, so long as he gets the case heard in his Bais Din.
THE FAMOUS MISQUOTED TASHBATZ MISUSED TO FORCE A GET!
This is the famous Tashbatz (V2:8) that is manipulated by crooked Dayanim as their support to force a Get.
They use the Hava Aminah and discussion in the Tashbatz, but they purposefully and conveniently leave out the final ruling of the Tashbatz in the end of this exact Responsa – where the TASHBATZ HIMSELF DOESN’T ALLOW FOR FORCE.
See underlined portion in attached screenshot. “And the correct way of doing it, is to “request” the Get” [and not through force].
The Tashbatz rules in 3 additional Tshuvos that you can’t force (V1:4, V2:180 & 256) – consistent with what he rules here.
Additionally, the Tashbatz’s son (Rashbash) and his grandson (Yochin Uboez) stated that they never saw forcing in their father’s house since it makes Mamzeirim.
See attached Audio for detailed Shiur to understand clearly how they manipulated the Tashbatz. Credit Audio: SKW Archives.
SHOCKING AND POWERFUL Daas Torah Letter Protesting Rabbonim that annulled a marriage against Halacha. See loose translation of the attached letter in audio. Audio credit: SKW Archives.
THE ZOHAR REFERS TO THE CROOKED DAYANIM THAT ARE IN POWER AND CONTROL AS THE LEADERS OF THE EREV RAV. THEY ARE EXTORTIONISTS AND THIEVES THAT TAKE BRIBES AND ARE THE RISHO’IM WHO PUT THE UPSTANDING YIDIN IN CHEREM AND TREAT THEM LIKE ROTTEN DEAD DOGS!
Please see loose translation of attached Zohar below: Its says in Zohar Parshas Noso (125): The Raaya Mehemna – the faithful Shepard – Rabbi Shimon Bar Yochai says to Eliyahu Hanavi , I’m making you take an Oath in Hashem’s Name that with all of your ability you should not delay from bringing us the news that the exile is over since I am dwelling in a lot of pain. Since the soul of Moshe Rabbeinu is invested in the Rashbi, and it’s written concerning when Moshe Rabbeinu killed the Mitzri “He turned here and there and saw that no manโฆ” This passuk also alludes to the fact that nobody is helping the Rashbi, who has the soul of Moshe Rabbeinu invested in him, to take him out of Galus, from the pain that Rashbi is suffering in the exile of the Erev Rav. The Erev Rav is called the “grave” of Tzaddikim because they cause them pain. They dont want to come near me, says Rashbi, to learn the ways of the Torah and the true Avodah.
And I am considered in the eyes of the Erev Rav like a dead dog that’s rotting amongst them since the words of the Chachomim, which is the Holy Torah, is rotting amongst them (CV). In every city and in every place that Yidden are found, they are spread out between the Erev Rav, which are the Risho’im, and their leaders are the Rabbonim of the Erev Rav that want to rule over the good people of Bnei Yisroel. And the Erev Rav revert to being the leaders of Bnei Yisroel, to rule upon them as Rabbonim. These leaders are called Royim (Shepards) since Bnei Yisroel are called sheep. And these Royim (Erev Rav leaders) have no Koach to bless the Yidin with children, health, wealth or other things.
And the real righteous, upstanding and loyal, G-d fearing men have no livelihood, and they need to wander about from city to city for their livelihood, and even there the Erev Rav are in leadership positions as their Rabbonim. They dont help the tzaddikim. On the contrary, the Erev Rav put the Tzaddikim in Cherem and they only give the Tzaddikim a small amount in order that the Tzaddikim shouldnt be able to get up from their downtrodden state, but even this isnt enough for temporary sustenance.
And all the Chochomim, the real righteous ones, are in pain, in distress and in grief, and they are considered in the eyes of the masses and the Erev Rav like dogs, and on the Tzaddikim, it’s written in Eicha 4:2, “The precious children of Zion that are compared to fine gold – alas, they are now treated like earthen jugsโฆ” “Sacred stones are scattered at the head of every street.” The Tzaddikim have to stay in the street when they wander from city to city since these Risho’im dont want to give them a place to stay even just for the night. And these Erev Rav are the rich ones and they dwell in peace, with happiness, without pain or grief at all. And their leaders are thieves that take bribery that make themselves like Dayanim that are the leaders of the people. The land is filled with extortion because of them. On them it’s written in Eicha 1:5, “Her adversaries have become [her] masterโฆ”
The Rashbi makes Eliyahu Hanavi swear to him again in the Name of Hashem, that he should not miss out on anything he told him, and to tell everything over to Hashem with all of his capabilities, and to show Hashem the distressful state of the Tzaddikim, and this will cause the Geulah Sh’laima speedily in our days, Amen!
THE ZOHAR’S WARNING TO DAYANIM THAT DISTORT HALACHA!
The Zohar (Mishpatim 117a) says: โฆAny Dayan that doesnt judge the correct Halacha, he allows the Sata”n to, so to speak, rule in the worldโฆ[The false Dayan] throws down the Shechinah together with the Truth and they go into exile together (C”V)(editor: Truth usually refers to the Torah); and he sustains Gehenom which is the root of Lili”s to have an unification with the Sata”n (Lili”s is the wife of the Sata”n). In the place of Truth, he sets up falsehood. โฆtherefore, when a Dayan Paskins, he should envision that Gehenom (Lili”s) is standing open to his left and the sword of the Malach Hamoves which is Sata”n is behind him on his neck. And Gan Eden which is the Shechina is to his right, and the Eitz HaChaim is open in front of him on his head.
If he rules falsely, then the Malach Hamoves rules over him and slaughters him and burns him in Gehenom. However, if he rules according to the true Halacha, Hashem takes him into Gan Eden and gives him to eat from the Eitz HaChaim which is Hashem’s Lightโฆโฆ __ Footnote: It should be noted that when a Bais Din sincerely strives to go in the right path, they have a special Siyata DiShmaya (help from Above) to rule correctly!
Loose translation of attached Siruv Letter against Gershon Bess of the Rabbinical Council of California (RCC) Gershon Bess is refusing to come to bais Din. He falsely makes up Piskei Din against the Torah without any basis or explanations for his words, as if he’s the only Posek in our generation. Therefore, henceforth, all his Piskei Din are Battul and anyone that helps him (editor: this includes Osniel Rosen and his WhatsApp group supporters) they receive a portion of his sins and he will be punished for all his evil actions. Anyone that is looking for the true Torah path, should distance himself from them and their supporters, and it should be fulfilled “Blessed are those that uphold This Torah”, Amen.
TODAYS GITTEN CANT BE TRUSTED WITHOUT FIRST VERIFYING WITH THE HUSBAND THAT IT WAS NOT COERCED
Rabbi Moshe Shternbach had already stated many many years ago that in America – soon every Grusha will need to be checked out whether the husband gave the Get willingly without pressure, otherwise, the Get is Passul.
Please see the attached audio – loose translation of Halachik letter. Audio credit: SKW Archives.
The answer is that we’re trying to stop the influx, inflow and intermingling of Mamzerim in klal Yisroel. This can only be done by illuminating the eyes of the public as to the seriousness of the crime, by all these forced Gittin being perpetrated by modern day Get executioners and Get slaughterhouses. The wholesale flow of invalid Gittin is moving faster than the barrage coming over Niagara Falls. It’s a lot more bloodier than you think.
It became very difficult to know who you can trust today because it became a business. How can you trust the same guy whos making 20k to 50k off divorce Din Torahs to tell you anything about the kashrus of a Get that he’s trying to push through?!
There’s no stopping them anytime soon. The coverup continues by the authorities themselves.
Tshuvah from the Rishon Rabbeinu Yoinah: Its a Mitzvah to curse a Dayan that goes against Hashem.
The Great Poskim, the Shemen Rokeach and the Shoel Umaishiv, say that it’s a Mitzvah to publicly shame Dayanim that produce invalid Gittin. See attached image for sources.
The Poskim give a special Yasher Koach for someone that protests against an invalid Get. See sources in attached image – Rama, Nachalas Shiva and Maharam Pruvintza
The Poskim give a Bracha to one who protests an invalid Get! See sources in attached image – Maharashdam, Chavas Yo’ir, Zichron Yosef and R’ Chaim Pilagi Zatzal
THE POSKIM SAY: If a Dayan doesnt give a reason for his Psak, that shows he doesnt have a reason or he made a mistake. Otherwise, whats he embarrassed from?! Let him show it!
This logic is stated by the Nodeh B’Yehuda – (first image above) (Choshen Mishpat Siman 1 Mahdurah Tinyana); see Shu”t Rabbeinu Chaim HaKohen – (second image above) (Rappoport) (Even Ha’ezer Siman 2) (-The Baal Shem Tov held very highly of him); and the Maharik.
The Mahariaz Enzyl Siman 102 – (third image above) writes that it is not proper to make a Psak in a Get without writing the basis. He states by the famous Kliver Get story that even though the famous Gaon Reb Abish Frankfurter who was know as a holy Rav and Gaon, however, his psak that the forced Get was kosher was not accepted because he did not provide his basis on the Kliver Get.
Please see the above letter with audio recording of loose translation of the Halachik letter from Rabbi Blum Shlit”a ruling that the Defendant (Nitvah) doesnt need to offer a choice of 3 different Batei Din to the Plaintiff (Tove’ah). So long as the defendant offers one Bais Din, he is not considered to be “refusing” to listen to Bais Din – he is not considered to be Mesarev L’Din. This is what the Poskim always said throughout all the generations.
The Chazon Ish states, that those that force Gittin will need to answer in the next world as to what Halachic basis and sources in the Poskim and Gemara gave them the right to force. Those that dont force in a case where the Poskim dont clearly say to force, wont be asked why they didnt force! (Igros V3 50).
Most Batei Din today dont show the Halachik backround and basis for their Psak Din of forcing a Get. Instead they operate with impunity, hiding behind vague ambiguous statements, saying that its “complicated”, or that “we dont disclose sources” in order to avoid having to explain themselves to the public. This goes against the Halachik requirements of stating their basis and sources when requested by the husband.
NOT ONLY DO BATEI DIN FORCE GITTEN BY FRUADULENTLY USING A YESH OIMRIM, THEY EVEN VIOLATE THE CONDITIONS OF THAT YESH OIMRIM AS WELL SEE ๐ BELOW THE WORD FORMAT AND LINK TO THE FULL SOURCE OF THE โ๏ธ ABOVE POSTS: Not only do the Batei Din fraudulently use the Yesh Oimrim in the Rema against the Klolei Halacha, they violate the conditions set forth in the yesh oimrim itself: The Rema in 154:3 talks about a man who regularly and repeatedly beats his wife, not an occasional situation. even then, Bais din must warn twice with kosher eidim, and if she’s the one inciting him then it’s no longer a Get situation. The Rema himself writes in 154:21 that we always follow the stringent opinion when it comes to Eishes Ish because we’re worried about an invalid forced Get. In addition, the source of the Rema – the “Binyamin Zev”, Paskins clearly that we cant force. So its obvious that we cant follow the Yesh Oimrim in the Rema. In addition, the Rema quotes the Rashba which means the rema holds that hitting isnt enough, but we would need the woman to ask for support and Oinah and the husband refusing – in order to qualify for a get, even according to the Yesh Oimrim. Final Halacha: We follow the first opionion in the rema that you cant force, see also tshuvas Hageonim haktzoros ch 135, tshuvas Hageonim shaarei tzedek (v4 shar 4:42), radvaz, (v4 1,228 in the name of the rashba and rosh), kneses hagdolah (ch 154 HGHB”Y 49) in the name of the mahar”a di boton ch 31, mishpat tzedek v1 ch 58, the maharam chagiz (ateres tzvi p18b and masaas moshe e”H ch17 all say you cant force a man that hits his wife. Batei Din today force men to give Gittin based on a Yesh Oimrim in Rema in Even Haezer 154:3. The problem is that we dont follow the Yesh Oimrim. based on Klolei Halacha. Instead, we follow the first opinion in Rema – that doesnt allow for a forced Get. โฆืืืฉ ืืืื ืืฉืชื ืขืืืจื ืืื ืืืื ืืืื ืืืจื ืืื ืจืืื ืืื ืืื ืืฉ ืืื ื”ื ืืืกืจื ืืืืืจืืื ืืืืืงืืชื ืืื ืืื ื ืจืืืื ืืืคืืื ืืืืฉืืืขื ืฉืื ืืขืฉื ืขืื ืืื ืืื ื ืฆืืืช ืืืืจื ืื”ื ืืฉ ืืืืจืื ืฉืืืคืื ืืืชื ืืืืฆืื ืืืืื ืฉืืชืจืื ืื ืชืืืื ืคืขื ืืืช ืื ืฉืชืื ืื ืืื ื ืืืจื ืื ื ืืฉืจืื ืืืืืช ื ืฉืืชืืื ืืืขืฉื ืืืชืื ืืืโฆ Rema:โฆโฆA man who hits his wife, has a transgression in his hand as much as striking his fellow. If he does this often, the court had the right to cause him pain and to excommunicate him, to whip him, to use all types of force, and to make him swear he will not do it again. And if he does not obey the court, Yesh Oimrim say we force him to divorce her, as long as he is warned once or twice, for it is not the way of Jews to hit their wives, that is the actions of the gentiles. This only applies when he is the one who initiates the hitting, but if she curses him for no reason, or mocks his father and mother, and she contradicts what he says and he has no authority over her, some say it is permitted to hit her. And some say that a bad wife is [also] prohibited to strike. The first opinion is the essential one. If it is not known who started it, the husband is not believed to say that she started it, for all women are assumed kosher, and they place others among them to see who is the bad one. And if she curses him for no reason, she is divorced without her ketubah. And it seems to me that this is only when this happens often, and after warning, โฆ.. See original source: https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.154.3?lang=bi&with=Commentary&lang2=en
ARE BATEI DIN FORCING GITTEN TODAY AGAINST HALACHA?
SEE BELOW THE WORD FORMAT AND LINK TO THE FULL SOURCE OF THE ABOVE POST:
Batei Din today force men to give Gittin based on a Yesh Oimrim in Rema in Even Haezer 154:3. The problem is that we dont follow the Yesh Oimrim. based on Klolei Halacha. Instead, we follow the first opinion in Rema – that doesnt allow for a forced Get.
Rema:โฆโฆA man who hits his wife, has a transgression in his hand as much as striking his fellow. If he does this often, the court had the right to cause him pain and to excommunicate him, to whip him, to use all types of force, and to make him swear he will not do it again. And if he does not obey the court, Yesh Oimrim say we force him to divorce her, as long as he is warned once or twice, for it is not the way of Jews to hit their wives, that is the actions of the gentiles. This only applies when he is the one who initiates the hitting, but if she curses him for no reason, or mocks his father and mother, and she contradicts what he says and he has no authority over her, some say it is permitted to hit her. And some say that a bad wife is [also] prohibited to strike. The first opinion is the essential one. If it is not known who started it, the husband is not believed to say that she started it, for all women are assumed kosher, and they place others among them to see who is the bad one. And if she curses him for no reason, she is divorced without her ketubah. And it seems to me that this is only when this happens often, and after warning, โฆ..
See original source: https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.154.3?lang=bi&with=Commentary&lang2=en
