New on the site: Michi-bot. An intelligent assistant based on the writings of Rabbi Michael Avraham.

Declaration of intent for divorce

שו”תCategory: HalachaDeclaration of intent for divorce
asked 8 years ago

Hello Rabbi Michi,

It’s T., hope you are well.

I have a question,
A few weeks ago, a column was published in Makor Rishon’s “Shabbat” written by someone from “Kolac” named Nitzan Caspi Shiloni.

There she talked about their new project, called a “security bill,” in which a man signs that he wants to give his wife a divorce if he is in a situation where he is not willing to give it (for example, a plant). In the article, the author claims that from a halachic perspective, it is easier to give a wife a divorce if it is known that the husband wanted it, and of course, a bill that he signed constitutes a fairly clear statement of intent. (She also wrote there that in the case of the “Get Safed,” the opponents claimed that it would have been much easier to grant that Get Zichuk if it had been proven that the husband had actually wanted it.)

My question is; what is the true halakhic validity of the man’s declaration of opinion, is it really likely to help in a case of need, and how worthwhile is it to approach signing such a document?

Thank you in advance and have a good weekend.

Talia

Below is a link in case you haven’t seen the article:

https://musaf-shabbat.com/2017/10/22/%D7%97%D7%99%D7%A1%D7%95%D7%9F-%D7%9E%D7%95%D7%A0%D7%A2-%D7%9C%D7%91%D7%A2%D7%99%D7%99%D7%AA-%D7%94%D7%A2%D7%92%D7%95%D7%A0%D7%95%D7%AA-%D7%A0%D7%99%D7%A6%D7%9F-%D7%9B%D7%A1%D7%A4/


Discover more from הרב מיכאל אברהם

Subscribe to get the latest posts sent to your email.

Leave a Reply

0 Answers
מיכי Staff answered 8 years ago
Hello. Nice to hear from you. How are you? Is the study going well? To your question, it certainly might be helpful. Even the Jewish courts may use this with a strong emphasis, although they probably won’t like the idea of ​​signing every groom. By the way, it is possible to sign the husband’s name even during the marriage, of course (since it is not a condition). Therefore, it is also relevant for couples who are already married. Goodbye and much success.

Discover more from הרב מיכאל אברהם

Subscribe to get the latest posts sent to your email.

ט' replied 8 years ago

Thank you very much for the answer. Is this helpful related to the issue of annulling a divorce and expropriating it?
(We are currently studying the fourth chapter of Gittin, and I saw Rashba asking why the Sages cannot expropriate a child even in an agunah in nature in endless waters, and he answers that in annulling a divorce they saw that there was a desire on the part of the husband to divorce and that legitimizes the interruption (revocation of a divorce))

I am studying in the Beit Midrash this year,
The study is good and interesting, thank you

Shabbat Shalom

מיכי Staff replied 8 years ago

Absolutely not. Afakenu is the cancellation of the kiddushin and then a get is not needed (except perhaps from a rabbi. Then of course expressing a desire to give a get can be useful in giving the get from a rabbi. But that is not significant).
Regarding the cancellation of the get, I did not understand what is meant. Maybe you meant the cancellation of the kiddushin? And again, I say that here too, a get is not needed but perhaps from a rabbi and so on.

Leave a Reply

Back to top button