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Beit Midrash
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- P'ninat Mishpat
Ruling: The Rambam (Geirushin 6:7) says that one who is invalid on a Torah level to be a witness is not valid to be an agent to bring the get from the husband to the wife. The Ra’avad (ad loc.) argues since the gemara only says that a non-Jew is disqualified to be an agent, and that is because the laws of gittin do not apply to him, a non-observant Jew, to whom those laws do apply, must be valid. The Maggid Mishneh suggests that the Rambam is discussing a case where we have to rely on the shaliach to know the validity of the get, which is not so in our case. There are different textual versions regarding the Rambam’s opinion on the matter in his Commentary to the Mishnayot. It appears that the Rambam does invalidate such a shaliach even when there is independent confirmation of the get’s validity. However, most Rishonim disagree with the Rambam and validate the get (see language of Shulchan Aruch, Even Haezer 141:33).That is the opinion we follow in a case where stringency will cause an aguna situation (Pitchei Teshuva 141:31). In our case, the husband avoided giving a get for five years, and, therefore, the issue with the shaliach should not invalidate the get.
As far as validating the get is concerned, the beit din sent a shtar harasha’a, a document that accompanies the agency and refers to the get. Although the Rivash says that this cannot count as a replacement for testimony on the signatures in the get, the Beit Shmuel (141:44) says that this is an unnecessary stringency, and the latter’s view is accepted (see Noda B’Yehuda II, EH 128; Pitchei Teshuva, EH 142:5).
Since several questionable matters were found regarding the get, one can raise the question whether this is a sign that the local rabbi is not proficient in the laws of gittin, thus casting aspersions on the get as a whole. However, the Pitchei Teshuva (EH 142:17) says that this is a problem only in regard to mistakes on standard matters that any rabbi involved in gittin should know about, which is not so in this case. Regarding his choice of the investigator as a shaliach, it is possible that he thought that since the Chief Rabbinate send the investigator to take care of the get, they must have approved of him serving as a shaliach. Our recommendation is to accept the get, but the matter should be decided finally by the Chief Rabbi.
P'ninat Mishpat (832)
Various Rabbis
201 - Rights in Shul to a Non-Contributor
202 - An Agent for a Get Who is Not Torah Observant
203 - Return of Money After Unused Services
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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
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based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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