[Avodah] is this muttar?

[T613K at aol.com]

>>That said, I would agree that if this kidnapping (1) actually  occured,
>>and (2) was a BD-ordered "kofin oso ad sheyomar rotzeh ani",  DDD wouldn't
>>trump  halakhah.
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Do  our batei dinim have the power to order corporal punishment? If so, my 
guess  would be that it's from the power of the melech, not the traditional 
beit  din.  If so, I'm not sure that DMD (at least according to those who 
see it  going beyond monetary issues) wouldn't trump.
KT
Joel Rich
 
 
>>>>>
In this particular case we're not talking about corporal punishment, which  
a person would be sentenced to as /punishment/ after being convicted of a  
crime or a sin.  
 
We are talking about using force -- I don't think it matters what kind of  
force, whether a beating, or just being held somewhere against his will -- 
to  make someone do something that he doesn't want to do.  The "something" he 
 doesn't want to do is free a captive -- his own former wife.  
 
You could definitely make a case that freeing a captive (the ex-wife)  
trumps dina demalchusa and doesn't need the authority of a king, or of  anyone.  
The only reason you'd need a bais din, or at least the approval of  a very 
well-respected rav, in my understanding, is that under certain  
circumstances a get given under duress is not halachically valid, so you would  need to 
know that after you had forced the man to release his wife, she really  was 
free.
 
To repeat, dina demalchusa would not apply in the case of freeing a  
captive, and corporal "punishment" also is not an issue here.
 
A separate issue would be, who has the responsibility or even the right to  
put /himself/ at risk -- risk of incarceration, police record, monetary 
loss,  etc -- in order to save an agunah?  That's a different, possibly even 
more  complicated question.
 


--Toby  Katz
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