Deception, Fraud and the Get The man really has all the say for the Get Can imprison someone for not giving a get. But a husband can hold back in giving a get when he REALLY wants the marriage to continue and the wife doesn’t want to. There is a one year period from start to finish to get the marriage back on track otherwise the obligation to give the Get is reinacted Gunah= a woman who is chained to a husband who doesn’t give a Get Three Opinions for asking for divorce Beis Shammai: adultery only, MUST divorce her Bies Hillel: somewhere in the middle Akiba : Even the most trival reasons are appropriate all the obligations are one-sided. Specifying the obligations of a husband to his wife. Ketubah: Reasons for divorce: If you’re not a Cohen, remarrying a woman you divorce is a mitzvah Divorcing someone under false assumptions: Tosafos: He is powerless to invalidate the divorce under a claim of error Rambam: if is a mistake, the divorce should be invalid and the husband would have some legal justifications. Operating under the assumption that anyone would divorce under those circumstances Conditional Transactions 1.) Condition articulated in legal, formulaic languages (conventional cases) Must articulate the positives (what must be done) and the negatives (if it’s not met, then…) 2.) State of mind articulated, although not formalized as a condition of sale 3.) of mind assumed by all, without the need for formal language or even articulating background (gifts in extremis) Duress When asking for $$ in exchange for the get: Typical Deceit: not reaching the agreed upon price is NOT a get Counter Argument: Italian Viagra Case Someone agrees to give a Get for 25 K. There is no sale price. If the price is NOT met, the Get is Not invalidated
Deception, Fraud and the Get The man really has all the say for the Get Can imprison someone for not giving a get. But a husband can hold back in giving a get when he REALLY wants the marriage to continue and the wife doesn’t want to. There is a one year period from start to finish to get the marriage back on track otherwise the obligation to give the Get is reinacted Gunah= a woman who is chained to a husband who doesn’t give a Get Three Opinions for asking for divorce Beis Shammai: adultery only, MUST divorce her Bies Hillel: somewhere in the middle Akiba : Even the most trival reasons are appropriate Ketubah: all the obligations are one-sided. Specifying the obligations of a husband to his wife. Reasons for divorce: If you’re not a Cohen, remarrying a woman you divorce is a mitzvah Divorcing someone under false assumptions: Tosafos: He is powerless to invalidate the divorce under a claim of error Rambam: if is a mistake, the divorce should be invalid and the husband would have some legal justifications. Operating under the assumption that anyone would divorce under those circumstances Conditional Transactions 1.) Condition articulated in legal, formulaic languages (conventional cases) Must articulate the positives (what must be done) and the negatives (if it’s not met, then…) 2.) State of mind articulated, although not formalized as a condition of sale 3.) of mind assumed by all, without the need for formal language or even articulating background (gifts in extremis) Duress When asking for $$ in exchange for the get: Typical Deceit: not reaching the agreed upon price is NOT a get Counter Argument: Italian Viagra Case Someone agrees to give a Get for 25 K. There is no sale price. If the price is NOT met, the Get is Not invalidated
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