To Donate Click Here

Enforcing a Get

My father has been beating my mother and my brother and sisteers and I for many years. He has finally moved out and has refused to give my mother a get. Is there any halachic way for my mother to divorce him and for her not to become an agunah. I have looked and it says that the beis din can pressure him to give it but he doesnt neccesarily have to. Please reply as soon as possible.

Answer:

If a husband is beating his wife, and the husband has been warned concerning his behavior, and/or it is clear that the problem won’t go away, then he is obligated to grant his wife a divorce (a get). The actual enforcing of a get depends on individual circumstances, but in extreme cases it is certainly possible (see Beis Yosef, Even Ha-Ezer 74, 154).

The process by which a husband can be forced to give the get, however, is not simple. In Israel, the Rabbinate has official govenment-mandated powers, which can include imprisonment if necessary. Outside Israel the process involves less offocial channels.

Either way, the way to start the process is by filing a claim for divorce with the local Beis Din, which is what you should do, and see where things develop from there.

Best wishes and good luck!

Leave a comment

Your email address will not be published. Required fields are marked *