Re: Re divorce by proxy #general


MBernet@...
 

However, according to American cousins, she had an
arranged marriage back in Filipkowce (near Mielnica) which she escaped from
during the wedding celebrations by slipping out, climbing into a
pre-arranged horse and cart with a small parcel, and somehow made her way
to London!

According to my late aunt - whose memory was probably unreliable - Deborah
sent back to Filipkowce for divorce papers.

Too much mythology? >>

==Yes, too much mythology. For better or worse (and I don't want to explore
the socio-historical reasons), Halakha (Jewish Law) is adamant that the
husband can divorce his wife and the wife cannot divorce a husband. However,
a wife can petition the Bet Din (court) to compel the husband to give her a
divorce, applying sanctions if he refuses. (There are quite a few stubborn
Israelis languishing in jail because they refuse to divorce their wives). I
assume your grandmother escaped the marriage celebrations before the betrothal
and the marriage were solemnized (nowadays, the latter follows immediately on
the former, in one ritual).

If your grandmother had been found by the London Bet Din to have been
previously betrothed or married, and had not received a get before remarriage,
she and the new husband would have been forced to separate and he would have
been ineligible to ever marry her again.

I'm stating what the rules are; I didn't create them. Please folks, don't
beat up on me and let's not alllow this to deteriorate into a dispute about
the fairness of Jewish law.

Michael Bernet, New York
*******************************
seeking:

BERNET, BERNAT, BAERNET, BERNERTH etc >from Frensdorf, Bamberg, Nurnberg
KONIGSHOFER: Welbhausen, Konigshofen, Furth
ALTMANN: Kattowitz, Breslau, Poznan, Beuthen--Upper Silesia/Poland
WOLF: Frankfurt (Aron Wolf m. Babette Goldschmidt ca 1855) also in Wurzburg,
also Sali WOLF, Rotterdam

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