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Case:
A wife stated that she cannot stand to remain together with her husband and gave strong reasons to support this. She told the regional beit din that she agrees to be categorized as a moredet (a wife who denies her husband conjugal rights) and thereby lose rights to payment of her ketuba in return for a get. The husband now is appealing beit din’s obligating him to give a get. [There is a financial dispute as well, which we hope to deal with next week.]
Ruling: There are three categories of women who refuse to live with their husbands, with some halachic differences between them. There is a woman who is a moredet, who says that she does not mind living with him but that in the meantime she wants to cause him distress. There is another who is a moredet of the type known as ma’is alay (he disgusts me). The woman agrees to be of this category, which is not a given because of the existence of the following alternative. There is a case of ma’is alay with particularly strong reasons for these feelings, in which case, the wife is eligible for her ketuba.
The Rambam (Ishut 14:8) says that in the case of ma’is alay, we force the husband to give a get, as we cannot force a woman to live as a captive with her husband. However, the Rama (Even Haezer 77:3) says, like Rabbeinu Tam (Tosafot, Ketubot 63b), that we neither force the wife to live with her husband nor do we force the husband to divorce his wife. Yet, the Rama (Yoreh Deah 228:20) renders the following apparently contradictory ruling. If a woman swore to marry a certain man, she may undo the oath because of ma’is alay, "because even if they were married, if she says ma’is alay, he is obligated to divorce her." Some commentaries claim that this Rama is said according to the Rambam’s opinion, which is difficult since the Rama does not accept the Rambam. It would seem that the real answer is that the Rama holds that regarding ma’is alay the husband is indeed obligated to give a get, just that he disagrees with the Rambam’s claim that we can force the husband. The reason for that is that, even if it does not appear so, it is possible that the woman is making the claim because she is interested in another man, in which case a forced get would be invalid. Thus, in regard to a woman’s own oath, if she knows that the reason really is ma’is alay, her oath can be undone.
There are other reasons to instruct the husband to give a get in such a case. Firstly, de facto the husband becomes one who is living without a wife, which is wrong (Even Haezer 1:4), as he is not allowed to take a second wife. Secondly, since he does not have what to legitimately gain from a wife who will not live under one roof with him, he is guilty of acting like a Sodomite by not giving a get for no gain. If he does so out of vengeance, he violates lo tikom (do not take revenge). Therefore, the regional court is correct that the husband should give a get.
P'ninat Mishpat (829)
Various Rabbis
127 - The Status When the Marriage Proves Unviable
128 - The Obligation to Divorce “Disgusts” His Wife
129 - The Division of Husband and Wife
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
