I need advice please.. I have a daughter who married a man who was discovered to be on heroin . He has been on heroin before the marriage and this was not disclosed in any case. They have a child together, she divorced her husband when the child was 6 months old. We've been to the bet din on many occasions with no progress . Is this a case which the marriage was made in error , just like the story about the bisexual case . If she had known , she would have never agreed to the marriage at all.,could this marriage be considered void? Please , she is a young single mother looking to re- marry . if there are any holocha , that you of please , please let me know . the child is now 4/years old ,so that's how long they've been divorced.. This marriage took place in America ( Sephardic). Thank you so much!
Your daughter's situation is most painful. You are correct in your understanding of her situation as an agunah that there may be room here to rule mekach ta'ut - a mistaken transaction, where one agrees to a marriage under false information that is severe and therefore the marriage may not be valid. Since invalidating the marriage on the basis of mekach ta'ut is considered to be a drastic step, many rabbinical courts will not take it upon themselves or will put off making a decision. It is indeed not common to rule in that manner today. You do not mention which beit din you have already approached. If you have already tried the Beth Din of America in NYC and feel that it has not been helpful then I suggest that you turn to a new beit din which has opened up in NYC where the dayanim are recognized talmidei chachamim - Torah scholars. It is called The International Beit Din". This beit din, in its own words, "will leave no stone unturned in order to free the spouse from igun". You will, of course, have to present as many details about the young man, the marriage ceremony itself, the marriage and the drug use, as is possible.
Please see the article "A Glimpse Into The International Beit Din" by Rabbi Ronnie Warburg posted on this site.
For further inquiries regarding the beit din, please call 201-357-4056 or e‑mail firstname.lastname@example.org. Rabbi Ronnie Warburg serves as director of the beit din, as well as one of the dayanim.
If you have further questions feel free to turn to us again.