Jerusalem – The Safed Rabbinical Court has set precedent by invoking the rarely used legal procedure referred to as a “get zikui” and have granted a divorce to a woman whose husband has been in a coma for the past 7 years.
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HAARETZ is reporting that in its 91-page ruling, the court determined after a lengthy process that the woman’s husband would have consented to the get were he able to.
Referring to the ruling as both a “huge innovation” and “controversial,” the judges invoked the get zikui, saying that it was halakhically valid.
The rare get zikui, which is typically set aside for financial matters, has its roots in halakhic foundations that allow the court to decide for a person without their knowledge as long as the decision is likely to benefit that person.
This sounds insane. If so every missing person, they can do the same given that they were on good terms.
You see this is a real aguna. She has no way out. The man is in a comma. She surly didn’t ask for the situation. This is what it means that we must do what we can to be mater agunas.
Unlike the 21st century aguna term which is used very “loosley”. We use aguna to mean, any time a husband and wife are in a fight (I.E. vistation rights, money etc..) and the women doen’t get the results she wants then she is aguna. That is not what an aguna means.
wow you are very sympathetic and compassionate for those women who are in heart wrenching situations where there monstrous “husbands” withhold a get from to get what they want. A get is a halachically instituted document, not a manipulative tool that these reshaim attempt to use. so if they are referred to as “agunos”, due to the behavior of these “men”, i hope that is ok with you
Gotta love it when one of the foremost dayanim in the world (Rav Uriel Lavi) writes 91 pages explaining the lomdus behind his psak and every Yankel, Yosef, and Berel posts to a blog giving their own dei’ah, never having read the psak and probably not even capable of doing so.
Perhaps it’s because people think that the dayanim in EY are like the amateurs and crooks we encounter in NY area Battei Din (Monsey being a particular center for amateurism and and crookedness, so I’ve heard, with the Beis Din of a certain Rabbi K., known for his viciousness and incompetence, being a prime example).
The Rabbanut dayanim in EY have to pass actual tests and have to actually write out their opinions, in detail, unlike the kangaroo Batei Din of the US.
I havn’t learned all these halochos in detail, though I’m actually a sincere ben Torah. And i am quite surprised at this.
I know someone who’s husband, my best friend, has been in a semi-coma almost 5 years now.
I couldn’t imagine such a thing being requested by her, in fact I’d be rather shocked if i was told such a thing.
She goes every day to visit him on a 90 minute journey both there and back, and we are all waiting for his recovery.
I’d hate to think a family can desert such a person, although i would never give any opinion without knowing the whole story.
Now too, I’m just saying my thoughts and my human feelings!
Who will marry her on basis of that Get?
Finally a Beit Din with guts!
Rabbonim have gone to great lengths to free agunot. Rav Goren, z’l, went behind enemy lines in Jordan, risking his own life, to bring back the bodies of fallen IDF soldiers – in part to free their wives to remarry.
“koach deheteira adif”