Is it permitted to divorce a woman (give a get) during bein ha-shmoshos?
Answer:
A get may not be given during bein ha-shmashos, for two reasons:
1) The Rema rules that a get should not be given at night. Although poskim are lenient under extenuating circumstances, the same principle will apply to bein ha-shmashos, which might be night.
2) On account of the doubt over which day it is, the enactment of writing the date on the get will not be fulfilled. The date has to be written as a specific day of the month. If the previous day is written, the get will be mukdam, and writing the next day is also problematic.
Best wishes.
After submitting the question I later found the Divrei Chaim in Chelek Alef Evan Ha’Ezer Siman 55 that is matir to give Bein HaShmoshes. He addresses there the second point as well (in terms of when to write the date.) I heard from a Dayan in Chutz L’Aretz that he is often somach on this when the husband is finally convinced to give the get and it’s close to or after shkia…
Thanks for the source. It seems a little surprising, and I will check it out, bli neder.
Someone told me that somewhere in Evan Ezer the Ezer M’Kodesh discusses this shailo although I don’t where…
Leave a comment