Rav Moshe Feinstein’s Authentic
Opinion on Coerced Gets
By Rabbi Dovid E. Eidensohn
A certain Jewish web site has published a
debate on the issue of GET MEUOSO. This is a coerced Jewish writ of divorce,
which may be invalid so that the wife is still considered married under Jewish
law. We feel it is important to comment on a certain rabbi's interpretation of
HaRav HaGaon Reb Moshe Feinstein zt"l, in the Shulchan Orech (Jewish Law Code)
section Even HaEzer 3:44.
Reb Moshe describes a case where a husband
signed a settlement in a civil court, and agreed in it to give a GET (Jewish
writ of divorce). The husband told the BEIT DIN (Jewish court of law) that he
gave the GET because of the settlement, and were it not for the settlement, he
would demand certain rights regarding the education of the children. However, he
gave the GET without those rights, and the question was, if the GET is kosher,
or was it forced because of the settlement.
Reb Moshe says that the GET is kosher, for
two reasons. One, the husband's responses to the rabbi who asked him if he gave
the GET willingly indicated that the GET was given willingly. Secondly, if the
husband doesn't want the wife, but only uses the GET as leverage for financial
or other gain, coercion may not ruin the GET. This is because a GET releases the
husband from obligations to the wife, and allows him to remarry, and thus the
coercion is also a benefit for the husband. This benefit to the husband may
cancel the negative aspect of the forcing of the GET, and makes the GET Kosher.
Reb Moshe concludes that this is a "SEVORO GEDOLOH" (exceptionally proper logic)
but we don't rely on it alone, and that the main reason the GET in this case is
KOSHER is because the husband said he wanted it. Thus, even if the husband wants
the GET, we cannot coerce a GET and thus deny a husband his monetary leverage
against the wife. If, however, there are other factors, this idea can be
considered among them. If the husband does not want the GET, however, any
coercion, even if the marriage is over, invalidates the GET.
If a husband, rightly or wrongly, decides
that he won't divorce his wife, and does not want a GET, period, even if he is
doing this to spite her, and even if this is wicked, the fact is that he does
not want the GET. To force him invalidates the GET. In this case, Reb Moshe
would not say that the husband wants the GET, and is coerced only to lose money
that he could gain from the GET. Here, the coercion is upon the GET itself, and
the refusal is to give the GET. Giving the GET is actually the problem here, not
what leverage the husband sacrifices which he might have otherwise used to pry
concessions from his wife.
We reiterate that Reb Moshe was talking
about a husband who clearly stated that he wanted a GET. A husband who never
stated that, but merely gives the GET out of fear of the GET Law, may indeed be
one who would not give a GET because he wants his wife, and if so, the coercion
is invalid and the GET is POSUL (invalid).
To sum up, Reb Moshe's responsa reveals
three categories:
- If a husband wants his wife, and
does not want to give a GET, coercion makes the GET invalid, even if the
marriage is over, and the husband knows it.
- If the husband wants the divorce,
but doesn't want to give it until he gains money or visitation rights, and
is forced to divorce by the court, it is possible that this may not be
considered GET MEUSO. This idea is a novel one, and we don't rely upon it,
only consider it.
- If the husband does not indicate
clearly to the Beth Din if he wants the wife or not, and is coerced to give
the GET, we cannot assume that he really wants a GET. Perhaps he wants his
wife and hopes to get her back. If he is forced, and we don't know for sure
that he wants the GET, we have to consider that this may indeed be an
invalid forced GET.
The rabbi on the web site
mentioned above interprets Reb Moshe's words as a leniency regarding all
coercion when the marriage is over. Reb Moshe does NOT say this.
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