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
If asked to hand over a life… Utilitarian ethics: you hand one over Western law: we’re not going to prosecute in cases like that. The jury decids Rambam: you cant hand over one, Joseph Karo (Shulkhan Arookh): you cant make the determination of whose blood is “redder” than the other. Doesn’t matter how many people there are… Jerusalem Talmud says only time you hand over one: 1.) if someone volunteers 2.) if someone guilty of a heinous R. Efrati points to the Toseftah: Toseftah: semi-Mishans notes of the mishna were made There is a distinction between where the terrorist are Hypo: Smothering baby to save everyone R Judah: if theyre all going to be killed anyway, you can do this to save many. R. Efrati: the baby is a pursuer even if it’s just crying and not anything else. Human can be a passive pursuer in a situation where everyone else will die. Paralleled to Abortion now: Respondza by Beis Yizkhak: if the baby and mother will both die, the drs should kill the baby even AFTER the head has emerged to save the mother if the baby were to survive, can’t kill the baby to save the mother. R. Cook: There is a slippery slope. Other than warfare, humans CANT make decisions that allow us to take the life of someone else Traveling and you have one can of water. What do you do?: R. Akiva and Halacha: you drink the water even if you’re sealing the doom of your R. Benpetoorah: you are not permitted to drinking your own water if that means you’re sealing the doom of someone else. You have to share. Stealing the of your co-traveler By stealing someone’s that’s essentially killing them When your property and your neighbor’s property are both in danger: Rule: saving your own car COMES FIRST. But you tell your neighbor you will save his and neighbor will pay for your car.