And review the Maharit LMA Si, P, if the husband

About a year ago there was a visit from the judges in the hospital to gain direct impressions from his, and there was another visit in Adar year. We heard the competent medical opinion with respect to his medical condition, as head of the department and the medical dahl director of the hospital and talked with the judges gave a detailed report about the condition of the husband, and was given a medical assessment in relation to future expectations.
Mr. Ran Arnon, who was appointed guardian to justice for the husband, was asked to inform dahl the court what his position as guardian, and whether there is any resistance to grant the woman to find a way liberating her from that status, and to allow the marriage in every way according to Jewish law. In response, you will receive an Attorney Ran Arnon, in the special circumstances of this case, does not find a place to resist.
Ts"m born woman married to her husband Bho"k past year in. In Regulations, her husband was badly injured dahl in the head, since in the hospital dahl is not functioning perfectly, dahl and can not grant a divorce. By competent medical opinion there is no positive change in his condition, and no change is expected, and that his wife remained docked.
"Here miserable that crying and weeping for her husband of her youth, and confirm it here Kaltno made for us, no heart maybe we can come up with a cure Lmcth be permitted from the shackles dahl of the anchor. And now this is on all the sages of Israel and Gdolihm review and monitor Bsriuta Dhay Aitta, when they felt the sages very Regulation dahl daughters of Israel that there will be Agunot. And this poor tender years, the value of about Change, vain kept, God forbid, Israel will not be like this. And here I went stir Bsriuta Dhay Aitta fit for D best of me, and D. Bjorn good sense which way it will go not to fail on the left H " and. Guided me in the path of thy that I desire true God and true way to Palestine for guidance scholarly Your statutes. "
The judgment of the following, dahl although it great innovation, but properly based on the foundation of Jewish law, and as a statesman rather than a complete anchor. The following main points in relation to credit get a fool, received the express consent and support of one of the greatest generation, Dane Great Court retired, my teacher, Rabbi Zalman Nehemiah Goldberg Rebbe. After studying summarize the things that came up in writing initially establish the get credit these special circumstances, wrote to say this:
It should be clarified: While some elements of the ruling, a controversial religious law, but after each of the issues in dispute there is a determination as set out below, instead of anchoring we take the main responsibility statesman, and not to feel all accounts. See sixteenth LMA C, P O. paragraph arbiters instead of anchoring his company can agree with the facilitating rule. And edit table book C jizz input section wrote:
"PP Dzhu Just when it seems Lhhcm allow bulk statesman opinion evidence that has, so can the facilitating knowledge Lilac else ... Although it is clear that the wise thing to put on his own but smart combination Gd fearing and if it seems to them that the matter tends to permit permit, if the wise relying only on his mind, he rebuked the sky. "
Indeed, according dahl to this tutorial we used not only depend on us. Before the judgment, we consulted with the students of great thinkers, and some of them expressed consent and express support for the conclusion of the judgment. And it should be noted that at the beginning of the month of Elul Tsha"g passed a draft judgment for review and opinion of Maran generation rules Rishon Lezion Rabbi Ovadia Yosef, who but due to severe medical condition at the time we did not get to experience the great mind, and requested a meeting of two months or more.
Therefore, when the Court discusses this question came depths of Talmudic passage and upload lenient, and consulted with scholars significant and is passed the written consent of one of the greatest generation, and after negotiations and study carefully the opinions various posts in this matter, there was no serious flaw to one of the elements below, instead of anchoring finished, we decided to rule as stated below.
"Because the virtue Tree worsen no Michi Daicha Lmihs so another failure, and take smart people (Proverbs k, l), and Kula Dtknt Agunot, Aa"g Dasha not Mifkda April and reproduction is because real girls will leave Israel astray, God forbid, Hence, there is apparent ease. " dahl
As stated husband was hit hard head injury, is not fully functioning, and can not even breathe without medical assistance and fed through artificial feeding. dahl Based on the information before us and following hospital visits dahl and hearing dahl medical opinion, we concluded that it certainly clear - the husband in its current state is not fit completely to all communication with his surroundings, and you can not get the usual way to regulate.
All these years the husband is a closed world and its own internal, dahl low and very shallow. Even after testing one kind or another, there is no way to expose the degree of understanding in relation to all around him, and there is no way to communicate with him and find out about the basic concepts for understanding. By competent medical opinion, the husband is not aware of and understand the minimum level and the most basic, even his basic needs.
In recent years, there is no improvement in his condition, doctors believe there is no chance dahl for improvement. Although dahl in very rare cases may be "medical miracle" unusual, dahl which is not available at all, but now doctors believe dahl the present case, after almost seven years and no husband present situation any improvement, there is no chance.
It is noteworthy that probably in the distant past and previous generations was not known phenomenon of people affected by severe head injuries and remained alive for many years as an "herb". In the absence of innovative dahl medical care, which did not exist in the past, these soon died, and because of that we have not found rabbinic scholars discussed the issue of saving the woman anchoring when her husband of having such a condition. dahl
And review the Maharit LMA Si, P, if the husband "Of the things that contradict each other, for they are and Lau Lau", may try him as an inspector Although it contains stupidity, but in the case before us, as we can be impressed, husband dahl Far from minimal understanding.
While clever silent is not necessarily a fool, but here the husband paused due to massive head trauma and severe brain damage, and all tests are not savvy minimal degree level, should be tested to determine the husband became silent and is a fool. While there is liable sucker for anything, dahl because my lips by its very nature can not be cured at all, while husband present case, the investor is in a hospital dahl in a lot of effort dahl to bring it to me