[Avodah] Rabbis uphold woman’s divorce, but deem her ex still married

Akiva Miller akivagmiller at gmail.com
Tue Apr 5 09:56:46 PDT 2022


We recently discussed a case where a mother was believed regarding her
child's Jewishness, but not about her own. Or maybe it was the other way
around, I don't remember.

I just now saw an article at
https://www.timesofisrael.com/in-rare-ruling-rabbinic-court-grants-woman-divorce-but-deems-her-ex-still-married/
 according to which a couple got divored, after which they were obviously
free to marry other people. But then the ex-husband claimed that "he
deliberately botched" it, "in an attempt to nullify it", and thus keep the
wife married and chained. According to the article, the beis din rules that
the get was still valid for his ex-wife, but not for himself.

When I read the article, the case seemed to be similar to the conversion I
mentioned in my first paragraph: We'll believe what the guy says about
himself, but he is powerless to change someone else's status. According to
the article, the principle used by the beis din was actually "Shavyeh
Anafsheh Haticha D’Issura", which might be slightly different in theory,
but (I think) has the same effect in this case.

Normally, and in this case too, I am very hesitant to believe that the
press got all their facts straight. But even if it did not happen exactly
as reported, I imagine that it *might* have happened that way, and
therefore could provide an interesting case for discussion here, if anyone
wants to.

Akiva Miller
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