Rabbi Dovid E. Eidensohn/2 Phyllis Terrace/Monsey, NY 10952/1-845-578-1917
21 Adar 5773
A signed letter from major Rosh Yeshivas has been issued attacking Rabbi Avrohom Mayer Weiss for not giving his wife, a Dodelson, a GET. The letter declares three things: One, that the Siruv given the husband by Beth Din Machon LiHorah requires everyone to treat him as if he was in Cherem. Two, everyone should pressure him with public humiliations and by taking away his livelihood to force him to give his wife a GET.
All three things are completely wrong. Let us begin with the Siruv issued by Beth Din Machon LiHorah. Yes, they issued a Siruv and claimed that he did not respond to their demand that he go to a Beth Din to settle his issues with his wife. But there is another Beth Din, that of Rav Gestetner in Monsey, that has issued a Bitul Siruv, claiming that the husband acted in a proper way and did accept the obligation to go to a Beth Din. The family claims that is has over twenty pages of proof in writing that they did accept the demand by Machon LiHorah to enter the Beth Din process to resolve the issues with his wife. So the issue must be resolved by a third Beth Din, impartial and fearless and not the cousin of the wife as in this letter.
Number two, is the mistaken demand made by the Rosh Yeshivas that everyone publicly humiliate him. Humiliating a husband so that he is coerced to give a GET makes an invalid GET. This is taught in the Rashbo VII:414, Radvaz II:118, Bet Yose 154 DH kosuve, and Chazon Ish 108:12. If the humiliation is very strong, such as the kind of humiliations demanded by the Rosh Yeshivas, Rabbeinu Yona considers it worse than murder (Shaarei Teshuva 139). See Brochose 23Aa Talmid Chochom was humiliated in public and committed suicide. Surely severe humiliation creates an invalid GET.
The same is true of the demand by the Rosh Yeshivas that people take away the parnoso of the husband. This is fiscal coercion that renders a GET invalid. See Choshen Mishpot 205:7 Ramo, Gro and others based on the sugya of Pardiso in Bovo Basro; Michtov MaEliyohu Simon 19.
Anyone who signed this document is not educated in the laws of Gittin or Choshen Mishpot. The fact that Rosh Yeshivas sign together with a cousin of one side and pasken as if they are the Beth Din even though they were accepted by only one side and did not hear the side of the husband shows they are ignorant of the most basic laws of Beth Din.
The Beth Din of HaGaon Rav Nissim Karelitz shlit”o in Bnei Braq has recently issued a letter stating that anyone who humiliates a husband or damages his income to force a GET has produced an invalid GET.
The letter from the Rosh Yeshivas in utter defiance of the most basic laws of Choshen Mishpot and Even Hoezer is wrong and is a disgrace. For shame.
Musmach liRosh Beth Din of Gittin by Posek HaDor HaGadole Rav Yosef Shalom Elyashev zt”l