This is well known to us in cases adjudicated by rabbinical courts in the West,” which rule that any man who brings such a charge against his wife must take an oath in the Divine Name, avowing that the only reason for his action is to go on aliyah to find blessing in the Land of Israel, and the husband answers “Amen.” Then they force the wife to go up with him or she is divorced without her ketubah. 1 have seen how these courts act.
This oath, administered by the court(shevuat ha-dayyanimy), has dire consequences for one who makes a false deposition. The judges warn him of immediate divine retribution for perjury under this oath in God ’s name.** Maimonides goes on to assert that these exhortations“should be taught to everyone who knows the meaning of the verses‘Justice , justice shall you pursue’® and“You shall not utter a false report.’*® The result of this is that a judge must be guided only by what his eyes see.” The Dayan must exercise his own adept Judgment based on the facts of the case.
~The Great Eagle(as the Rambam is often addressed)” presents Criteria for determining a husband's creditability when he claims that he wants to go to the Land with his wife.
A man that seeks to go on aliyah—who is known for his honesty and had no quarrel in any matter whatsoever with his wife—we shall require his wife to 20 with him to the Land of Israel. However, if one of these conditions is lacking, no verdict shall be given that she must accompany him.