Roentgen. Moses Feinstein, the top American Halachic decisor posek , depending on R
Next dispute arose in reference to registering including females for subsequent relationship
R. Emanuel Rackman sought to expand the list of the husband’s ailments to include psychological impairment as a basis to allow the rabbinic court to force the man who was unwilling to divorce his wife to do so. Isaac Elhanan Spektor, said that in any situation in which a bet din would rule to compel (kofin) the husband to divorce, the concept of “It is better to sit with [any] partner …” is suspended. His claim was that such a man was basically not functioning in the intended halakhic framework of marriage and did not marry with the intention of acting according to halakhah. Consequently the marriage was “in error” (mekah ta’ut) and therefore invalid from its inception and could be annulled (hafka’at kiddushin), releasing the woman from the invalid marriage. He also claimed that no woman would enter halakhic marriage if she knew that the man could misuse halakhic privilege and prevent her from divorcing. This, too, was a marriage “in error” and was invalid from its inception. R. Rackman founded a bet din whose sole aim was to grant divorces to women whose husbands had withheld the writ of divorce from them or to nullify the marriage from its inception (hafka’at kiddushin).Leggi tutto »Roentgen. Moses Feinstein, the top American Halachic decisor posek , depending on R
