tag:blogger.com,1999:blog-7186734097245460670.post1227432510210327839..comments2024-03-08T23:57:17.923+02:00Comments on Achas L'Maala V'Sheva L'Matta: Prenups I: The Emperor’s Waiver has no Close – Part 1 – SilukYechezkel Hirshmanhttp://www.blogger.com/profile/18417734718880643428noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-7186734097245460670.post-65524984188522790152017-11-17T00:18:08.163+02:002017-11-17T00:18:08.163+02:00I don't understand your question. Can you elab...I don't understand your question. Can you elaborate?<br /><br />Yechezkel Hirshmanhttps://www.blogger.com/profile/18417734718880643428noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-61080756312094024462017-11-16T01:30:28.934+02:002017-11-16T01:30:28.934+02:00I am referring to https://docs.wixstatic.com/ugd/e...I am referring to https://docs.wixstatic.com/ugd/e5498d_31e873b59f204c49bc4abd0502962266.pdf<br /><br />What's wrong there?Yosef Gavriel Bechhoferhttps://www.blogger.com/profile/10264311760560329892noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-29777529406579222492017-11-11T20:51:45.773+02:002017-11-11T20:51:45.773+02:00R' Daniel -
You have my email address.
YHR' Daniel -<br /><br />You have my email address. <br /><br />YHYechezkel Hirshmanhttps://www.blogger.com/profile/18417734718880643428noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-2986009800420421602017-11-11T20:50:08.010+02:002017-11-11T20:50:08.010+02:00To RYGB,
WADR, why do you think I am missing your...To RYGB,<br /><br />WADR, why do you think I am missing your point? You made your point and I am rejecting it, not missing it. I believe you are incorrect for the reasons I stated.<br /><br />1. Rabbi Willig says not like you as well as Rabbi Michael Broyde, and I quote:<br /><br />>><i>The second mechanism creates an incentive for the husband to quickly comply with any order from the Beth Din of America to give his wife a get, since delaying the giving of a get results in <b>his being liable for the liquidated amount of daily spousal support provided for in the document</b> – an obligation that can if necessary be enforced in state court.</i><<<br /><br />2. The document expressly says that the enhanced mezonos is in effect for as long as they are married.<br /><br />BTW, I am discussing the BDA prenuptial "Binding Agreement". Perhaps you are referring to something else?<br /><br />Kol Tuv<br /><br />ChezkelYechezkel Hirshmanhttps://www.blogger.com/profile/18417734718880643428noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-47813448720458839362017-11-11T20:47:31.196+02:002017-11-11T20:47:31.196+02:00"But I would like to see his endorsement in w..."But I would like to see his endorsement in writing."<br /><br />HGRZN"G is readily available for clarification. If you are interested I can give you details of when and where he takes questions.Daniel Westbrookhttps://www.blogger.com/profile/14576308228864631191noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-44847293297355330012017-11-10T19:48:19.474+02:002017-11-10T19:48:19.474+02:00By all means, send regards. But you are missing my...By all means, send regards. But you are missing my point. Whatever you call the per diem assessment, it is only intended to get the husband to Beis Din, not to compel a divorce.Yosef Gavriel Bechhoferhttps://www.blogger.com/profile/10264311760560329892noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-28969774552979389222017-11-10T15:10:08.120+02:002017-11-10T15:10:08.120+02:00To Rabbi YGB, LOY"T
Thank you for writing.
...To Rabbi YGB, LOY"T<br /><br />Thank you for writing.<br /><br />>><i>The "knas" is not imposed until the husband give a get. It is imposed until the husband comes to Beis Din.</i><<<br /><br />Have you listened to the shiur (or read the document)?<br /><br />The assertion of R. Willig is that there is no knas imposed at all. It is only a reevaluated level of mezonos - not a knas. And this is imposed for as long as they remain married. This is clearly stated in the document.<br /><br />In any case, to this point I am not analyzing the "knas" only the waiver of the wife's income.<br /><br />>><i>They say HGRZN"G shilta approved the RCA nusach.</i><<<br /><br />So they say, but I would like to see his endorsement in writing. They also say that HRAZ"W Shlita endorsed it but if you read his letter, he only says that he does not believe this system is a get meuseh but it did not endorse the document.<br /><br />>><i> You should sit shiva nekiyim before taking issue with him...</i><<<br /><br />I toiveled on Wed. morning. Fear not, I will propbably also need to take issue with the Toras Gittin. For this I will need Shiva nekiyim AND a korban...<br /><br />>><i> (and then realize that you must be wrong...) </i><<<br /><br />I put forth Halachic arguments. If you think they are wrong, please be a man a debate them. It is neither mature nor effective to scold me and make no arguments or points. I truly thought better of you.<br /><br />Shall I send your regards to Nesanel Moshe and Tzippora (?) Bracha?<br /><br />Yechezkel Hirshmanhttps://www.blogger.com/profile/18417734718880643428noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-36793525699755788032017-11-10T05:36:07.836+02:002017-11-10T05:36:07.836+02:00The "knas" is not imposed until the husb...The "knas" is not imposed until the husband give a get. It is imposed until the husband comes to Beis Din. There is no discussion of what will happen in BD. They say HGRZN"G shilta approved the RCA nusach. You should sit shiva nekiyim before taking issue with him... (and then realize that you must be wrong...)Yosef Gavriel Bechhoferhttps://www.blogger.com/profile/10264311760560329892noreply@blogger.comtag:blogger.com,1999:blog-7186734097245460670.post-63967390806681487062017-11-09T23:02:14.504+02:002017-11-09T23:02:14.504+02:00This post adequately proves what we knew already- ...This post adequately proves what we knew already- the waiver was meant for the maaseh yadayim and not for the peiros (although in truth it could work also for the peiros of pre-marital properties. The siluk is limited to the right of the proceeds during a certain period, and does not apply to all that the husband took during the marriage). Yes, R’ Willig believes at least as a possibility that mechila on maaseh yadayim cannot be done before eirusin, just like with peiros. Perhaps this in an unnecessary chumra, but I don’t think this is what our blog host is complaining about (I await his argument about mechila on maaseh yadayim, but at least at the moment I believe he is mistaken).<br /><br />Furthermore, even if this mechila doesn’t work the PNA is still extremely helpful for the majority of cases where the wife’s income is not way above average. No explanation is given here for the outright objection some other ‘chareidi’ batei din have for the PNA (there are reasons, but they are not discussed here).<br /><br />And finally, the argument that the kim li clause somehow shows the weakness of the PNA is rather absurd. It is very common for contracts to include clauses designed to cover all bases (the proverbial ‘belt and suspenders’). In this case, I assume the stipulation of the option of relying on minority opinions is designed to prevent the possibility of halachic arguments being used to render the PNA ineffective.Daniel Westbrookhttps://www.blogger.com/profile/14576308228864631191noreply@blogger.com