Agunot

Question:
A controversy has recently broken out in America regarding the “International Beit Din for Agunot”. Several leading rabbanim have publicly condemned their piskei halacha, in particular one that can be found at this link:

http://www.internationalbeitdin.org/ibd-case-hebrew/5

Does the Gaavad believe that this teshuva, which principally relies on the view of the Ritva that where there no “yichud ha’eidim” took place, any non-kosher eidim who were present at the chupah combine to make the kiddushin invalid, is wrong to the point of illegitimacy?

Answer:

Yes, in the Rav’s opinion the above teshuva is incorrect in it’s reasoning to rely on the minority opinion of the Ritva, even to release an Agunah. The concept of using “tzirufim”, a compilation of rationale to obtain a leniency is also being misused on their part. Only when a leniency has sold basis on an accepted opinion in halacha, are then other opinions used to strengthen the leniency or to compensate for other minor reasons we otherwise would have been stringent. However,when the entire leniency is based on unaccepted opinions in halacha, adding a group of theses opinions together will not validate the ruling.

The website quotes the Rav on some other issues and  makes some very cavalier assumptions that the Rav would probably agree to this psak or another. This is unprofessional and misleading. Before making assumptions on the the matter of permitting Agunot, certainly the Rav should be consulted to obtain his explicit opinion.

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