An Agunah cannot be self-proclaimed. As much as any woman who doesn’t geteverything she wants in civil court would like to claim Agunah status forsympathy, support, money, or whatever, it just is not part of halacha, and anyRabbi who says otherwise is not knowledgeable in Halacha. An Agunah is a woman who is halachacally chained to her husband and cannotremarry, but that is not the complete definition. Our talmudic sages have been veryclear as to what constitutes such a case. For example: a man lost at sea, or takenprisoner in battle with no evidence whether he's alive or dead, or a man whorefuses to EVER grant his wife a Get which would then render a wife an Agunah. On the other hand, any woman who refuses to accept a GET is not an agunah.Ninety nine percent of the alleged Agunot of today do not fall into any of theabove Agunah categories. Even one of the longest “Alleged Agunah” stories, MeirKin, that has gone on for over 10 years, contains no evidence that his wife is anAgunah or that he is a recalcitrant husband. He is not lost at sea, nor takenprisoner, is not dead, and has not refused to grant his wife a GET; as a matter offact, he has deposited a GET at a local Beth Din. Anyone who has examined thereal evidence knows that his is not a case of an Agunah and a recalcitrant husband.Since his wife does not want to receive a GET, we wish Meir Kin congratulationsand happiness on his new marriage (March 2014). There is no reason why heshould not move on with his life. This type of behaviour has been documented extensively and is a growingconcern. According to a recent Haaretz and Jerusalem Post article about Divorcein Israel, the articles states: "The total number of cases of women refusing toaccept a written Get as a strategy to secure improved financial and visitationterms from the husband, rose to at least 201 identified cases. This marks thefourth consecutive year that cases of women refusing to accept a written Getas a financial strategy exceeded the number of women denied a Get by thehusband.”
In virtually all of the alleged Agunah/Recalcitrant husband cases, the wifebelieves she can get a better deal going to civil court (against halacha) and thenafter she gets the house, custody, child support and alimony; to then startscreaming Agunah to try and secure a GET. Husbands and Rabbis should standstrong and not give in to these non-Jewish money grubbing tactics and demandthat the woman put things back the way they were prior to going to civil court.Whatever cannot be put back, such as denied visitation or false claims of abuse,then a monetary amount needs to be set. This is not extortion or blackmail, itshalacha. The Talmud is very clear on damages, and someone who causes youdamages is required to pay for the damages. All issues concerning damages mustbe settled prior to the giving of a GET. Never accept the promise from the wife orthird party that damages will be taken care of after the GET. They won’t!! Thereare too many stories of men who lowered their guard and gave a GET before allthe divorce proceedings were through and have regreted it. If you live in NewYork, where they have an unconstitutional GET law, (See: First Amendment tothe U.S. Constitution), you would be better off moving to California orsomewhere else. I certainly hope Meir Kin has been keeping track of all thedamages in his case, including attorney fees, lost wages, court costs, slander,defamation and more. Also keep in mind when a wife goes to civil court, sheforfeits her Ketubot. Most likely, as in many highly publicized cases, the dollaramount grows so large that it becomes totally impossible to ever pay the damages.I believe in the Meir Kin case, the amount has already grown past $500,000dollars, and is likely growing daily. Her only option now is to try and falselyshame him into giving a GET. Shame on any Rabbi who supports this behavior.Most of the self-proclaimed women we have researched claiming Agunah statusare clearly a MOREDES, a wife who abandoned her husband; and usuallyabsconded with the couple's child(ren).With most Beth Dins, a MOREDES simply does not exist, and Jewish women arenever held accountable for their actions. We know for fact that the Beth Din ofAmerica is one such Beth Din and is not knowledgeable about Moredes status. Intruth, if a Jewish wife flees with the couple's child and then obtains court orders inARCHAOS (Civil Court), her husband has the right AL PI HALACHA (Acordingto Jewish Law) to demand that the wife nullify the court orders, return thechild(ren) to the father's town, and compensate the father for all his damages. Allhis damages includes everything. In a lengthy civil divorce, this can easily surpassa million dollars. It is very rare to find what we call a Hamanah (female version of Haman) butoccasionally it does happen. A man who married such a woman believes that it isbetter that these type of vengeful, hateful and damaged women be left alone andnot EVER receive a GET so that it protects other men from marrying them andhaving the same thing happen to them. Best to leave these bitter and loathsomewomen alone for the rest of their life to protect the rest of Jewish mankind. TheTalmud states that a dishonest and slanderous wife will be punished by having herbones weakened in this world and losing her ‘Olem Habah” portion in the next. If anyone knows a true Agunah, (AL PI HALAHA), we will publish her name anddo everything necessary to help her acquire a true and quick GET. We will not beparty to any revenge tactics or financial scams to assist any woman to try andbetter her position in court or some feminist Beth Din. To this day, we have notfound even one agunah. AGUNAH LIST1. ____________________________________________2. ____________________________________________3. ____________________________________________4. ____________________________________________
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