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Prenuptial Agreements

Question:
Many of us have seen the teshuva from Moreinu Harav that states that an agreement for a husband to provide reasonable mezonos for his wife even after they separate will not facilitate a get meuseh. It seems that Mo”HR encourages this procedure.

We are aware that numerous poskim of today’s generation indeed view this payment of mezonos to be a “Knas in disguise”. It appears that Mo”HR does not agree with this shita.

However, the Rema in 134:4 that is quoted, when he says that bediavad the get is valid, ends his words: “since he was not initially forced into this.”

In light of this, my question is: it seems that some rabbinic bodies are making this agreement compulsory as opposed to voluntary. They state that a member Rabbi must refuse to be mesader kiddushin if the groom refuses to sign this agreement.

Does Mo”HR maintain that since this is mezonos it does not adversely affect a get even if the agreement was compelled, or do we need to be choshesh like the other poskim that this is truly a knas and as such even the Re,ma will not validate a get bediavad because the groom was forced? Or does Mo”HR maintain that this type of compulsion is not considered being “initially forced into this” and is not the intent of the Rema?

In short, does the endorsement of Mo”HR stand even in a case where the groom is pressured or compelled to sign the agreement or only if it is totally voluntary?

Answer:

The Rav’s endorsement for this practice is only when it is done voluntarily. The choson should in no way be compelled or forced into this agreement.

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