What is wrong with the RCA's prenup? Even I know the answer to that. It is a Mishneh in Nedorim 90B quoted in Kesubose 36b Tosfose and Rabbeinu Tam. The Mishneh says that a woman has no power to force the husband to give her a GET, no matter what she claims or says. Therefore, when the RCA prenup is designed to empower the woman to force the husband to give her a GET, which is a clear violation of that Mishneh, as taught in the above Tosfose in Kesubose by Rabbeinu Tam, it is proof that the RCA Prenup is invalid.
Another problem. It seems that somebody has investigated and has assured everybody that the Gadol HaGaon Rav Ovadiah Yosef, zt"l, supports the RCA Prenup, which is a pure lie. Why? How do I know? Nobody told me that. But I read the document and it is not a prenup, period. It is similar in many ways to the classic sefer Nachalas Shiva chapter 9 the first document, about a woman who fled her home because her husband mistreated her. The law is that such a husband must pay his wife twelve golden coins every month she lives with her father. Also, Beth Din is summoned and will settle things in the marriage and the wife will, hopefully, accept her husband now under control of the Beth Din, and there will be Shalom in the house.
The document of the Gaon Rav Ovadiah Yosef zt"l is similar to that. It also begins with a husband who sees his wife leave the house, probably his fault to some degree. He right away sends her some money, and pledges to send some more later, but the amount is up to him to sign. He then summons a Beth Din, that is, he summons the Beth Din, the Beth Din does not take over like the RCA Beth Din wants to do. And the Beth Din settles the problem in the marriage. And if the husband accepts the Beth Din's decision and the wife refuses it, she is out of the picture. This is no prenup like the RCA makes, that wipes out a husband and forces him to divorce his wife. Here the husband is in complete control. So how can anyone say, as Harry Maryles does, that he checked it out and Rav Ovadiah Yosef supports the RCA prenup?
Fact it, it really bothers me that nobody came up with the Mishneh that destroys the RCA prenup, and nobody had the common sense to check out the document of the Gaon Rav Ovadiah Yosef zt"l, and to protect his holy name from the ignorant idiocies of somebody who decided that Gadol HaDor supported the RCA prenup.
Another problem. It seems that somebody has investigated and has assured everybody that the Gadol HaGaon Rav Ovadiah Yosef, zt"l, supports the RCA Prenup, which is a pure lie. Why? How do I know? Nobody told me that. But I read the document and it is not a prenup, period. It is similar in many ways to the classic sefer Nachalas Shiva chapter 9 the first document, about a woman who fled her home because her husband mistreated her. The law is that such a husband must pay his wife twelve golden coins every month she lives with her father. Also, Beth Din is summoned and will settle things in the marriage and the wife will, hopefully, accept her husband now under control of the Beth Din, and there will be Shalom in the house.
The document of the Gaon Rav Ovadiah Yosef zt"l is similar to that. It also begins with a husband who sees his wife leave the house, probably his fault to some degree. He right away sends her some money, and pledges to send some more later, but the amount is up to him to sign. He then summons a Beth Din, that is, he summons the Beth Din, the Beth Din does not take over like the RCA Beth Din wants to do. And the Beth Din settles the problem in the marriage. And if the husband accepts the Beth Din's decision and the wife refuses it, she is out of the picture. This is no prenup like the RCA makes, that wipes out a husband and forces him to divorce his wife. Here the husband is in complete control. So how can anyone say, as Harry Maryles does, that he checked it out and Rav Ovadiah Yosef supports the RCA prenup?
Fact it, it really bothers me that nobody came up with the Mishneh that destroys the RCA prenup, and nobody had the common sense to check out the document of the Gaon Rav Ovadiah Yosef zt"l, and to protect his holy name from the ignorant idiocies of somebody who decided that Gadol HaDor supported the RCA prenup.
