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The real problem is with the lawyers. They many times act contrary
to the better interest of their client, and this causes many snags
and much agony.
My brother-in-law ia a Dayan and has sat on the Beth Din in Haifa,
Tel-Aviv, and presently in Ashkelon. He has told me on many occasions
that the moment lawyers are involved the case drags and drags. This
is due to the "ADVICE" that lawyers give their clients. In his oppinion
most cases could be handled swiftly and efficiently and to the liking
of both sides if lawyers were left out.
The law in Israel does permit the courts to jail a man if he refuses
to give a "GET" after the Beth Din decreed that he must. This usually
works, though there is a case of a man who has been in jail for
over twenty years and still refuses. Likewise the Beth Din can invoke
what is called "Heter Mea Rabanim" for a man whose wife refuses
to accept a "GET" eventhough the Beth Din has decreed. This porcedure
allows the man to remarry eventhough he is legally married now to
two women.
The tools do exist to help out BOTH sides. The lawyers are the ones
who screw up the proceedings.
Cb.
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| Occasionally the Jewish papers (Jewish Press, etc.) carry an ad
that so-and-so has refused to deliver a /get/ and is now under /cherem/
(ban). He is then to be shunned, privately and publicly, until
he delivers. This is virtually the only recourse when Batei Din
have no legal enforcement power.
Not that I'm knocking peer pressure. I was told of a community
where a man refused to give his wife a get. The women of the community
decided that they would not go to the /mikveh/ until a /get/ was
delivered, i.e., normal marital relations would become forbidden
-indefinitely-.
The /get/ was delivered rapidly.
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