""Shirbet Hapoel Tel Aviv": He suffered a stroke and expelled his wife

June 13, 2022   

With great resourcefulness, the Ashkelon Rabbinical Court succeeded in obtaining and arranging a divorce as a form of divorce from a stubborn divorce refuser who had suffered a severe stroke and lost the ability to speak. The story of the case: An ongoing dispute occurred between a couple from Ashkelon. The woman sued for divorce and the husband firmly refused, even though the court ruled that he was "obliged to divorce her immediately and unconditionally." During the hearings and on the eve of imposing the sanctions stipulated in the law, the husband suffered a severe stroke and lost his ability to speak, his mobility, and his cognitive state was also impaired. The fear was that under these circumstances, when sanctions and imprisonment are irrelevant and will not help, the woman could be agunah for many years. The head of the Ashkelon Regional Rabbinical Court, Rabbi Meir Kahane, activated the social worker of the Sivan Welfare Unit, as well as Attorney Talia Gigi, who was appointed as guardian over his body. The two accompanied the rehabilitation process, learned the ways of The communication with the husband gained his trust and the trust of his family, and after a long campaign of persuasion on the part of the family, the husband agreed to a divorce. However, arranging a get in such a situation is almost impossible, since the husband has lost the ability to speak and his cognitive state is also questionable. According to halakhic law, in order to obtain a divorce, the husband must give a get or appoint a messenger and express complete consent with his voice, after he had previously strongly opposed the divorce. According to halakhic practice, the court must be convinced that his opposition to the get has been removed and that he wholeheartedly agrees to the divorce. The head of the rabbinical court in Ashkelon, the dayan, Rabbi Meir Kahane, conducted an investigation into the husband, his guest, and his quartermaster, and the court went to meet the husband on his sickbed to check his cognitive state. The head of the court questioned the husband: "What city are we in?" The man made a gesture of disdain with his hand, meaning, 'Are you asking me something like that?' And correctly marked the name of the city in scrawling handwriting. The court, which learned that the husband was a soccer fan, asked, "Which team is leading the league table?" and listed three options. The husband marked a strong 'X' on all three options and scribbled an answer in garbled handwriting: "Hapoel Tel Aviv," which he is a staunch fan of. In the minutes, the court's adjudicator noted that "it is clear that the husband not only understands the questions and answers but also manages good and deep human communication." Therefore, the woman, who currently lives in Migdal HaEmek, was invited to immediately come to the court in Ashkelon. In the meantime, the husband appointed a messenger, a scribe, and witnesses to write the get, and the woman set out for the court. Thus, the regional rabbinical court in Ashkelon, with halachic resourcefulness, dedication, and devotion, managed to release another agunah while overcoming the difficulties of the stroke and loss of the ability to speak.