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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling:The woman’s demand is to be denied on both formalistic and intrinsic grounds; we start with the former.
Both in halacha and according to the law of the land, a signed agreement is binding unless a party can prove that they were forced into it or were unaware of its provisions. While the ex-wife claims that she had been under pressure, she has brought no evidence to support this allegation. Both the agreement and the application to have it approved contain a clause stating that the wife read and understood the provisions and accepted them without duress. The dayanim add that they saw that the agreement was not balanced and asked her if she was aware of it, and she answered that she was.
There are different types of duress. One case is when someone’s security or other basic rights are in danger, and as a result they agree to an objectively unfair stipulation. At other times, someone is willing to relinquish what is coming to them in order to obtain something that they really want, where the latter is not a basic right. This is called onsa d’nafshei (a self-inflicted extenuating circumstance), which is not considered as oness in regard to various halachic ramifications (see Tzitz Eliezer XVI:53 regarding a husband who very much wanted his wife to accept a get).
Let us analyze what beit din understands as to what happened. The wife had a boyfriend with whom she wanted to convene a complete and open relationship. Even though the husband and wife had agreed upon a division of property with the intention of having it approved by the secular courts, this would have taken longer than an agreement arrived at in beit din. In her great rush to join her boyfriend, the wife agreed to an unbalanced divorce settlement. Obviously a married woman does not have a basic right to live with a boyfriend and having to wait for the legal matters to be completed is not unreasonable.
There are a few indications that the above was the background of the woman’s decision. First, two days after the get was given, the ex-wife and her boyfriend had already rented an apartment together. Secondly, she requested that her ex-husband receive full custody over their two children, seemingly indicating that she was very keen to put her former life behind her and further her new relationship. Thus, there is strong reason to believe that due to her desire to move on quickly, she agreed to an unbalanced settlement, and she has to live with the results of that decision.
P'ninat Mishpat (829)
Various Rabbis
255 - A Promise to Donate? – part I
256 - Haste Makes Waste
257 - Claim that One Paid an Award
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P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 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.
