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Listed below is a selection of responsa and rabbinical court rulings which, under certain prescribed conditions, allow the beit din to void the marriage of a husband who refuses to give his wife a gett. One basis of such rulings is the finding of a major flaw in the husband, a flaw which existed in him prior to the marriage and which he failed intentionally or unintentionally to disclose to his wife. In such circumstances the marriage was entered into under false pretenses (kiddushei taut) and may be considered under certain conditions null and void.
Also included in this section is an excerpt from Otzar haPoskim which cites additional responsa on the subject of kiddushei taut, as well as an extensive ruling recently handed down by the Haifa Regional Beit Din [December 29, 2014].
Click to download a PDF of the Haifa ruling
As a preamble to this section, we begin with an article by one of the great rabbinic judges in Israel, Rabbi Refael Shlomo Daichovsky, in which he sets out the qualifications and bases of authority of a dayan. (See Techumin, 5777.) We thank Rabbi Daichovsky as well as Techumim for giving the IBD permission to place this article on its website.