[Avodah] is this muttar?

[Micha Berger]

On Tue, Jul 19, 2011 at 10:32:06PM -0400, Zev Sero wrote:
> On the contrary, a get given under duress is *always* invalid.  What a
> person may be forced to do is obey a legitimate order of a Beis Din, no
> matter what it is....

I would like to be mechadeish a new explanation, based on the Rambam's
explanation of kofin oso ad sheyomar "rotzeh ani".

A get must be based on ratzon habaal. If the get is only given because
of kefiyah, it's a get anusah. However, in the case of an obligatory get,
the baal has a ratzon to give a get because of his innate desire to comply
to halakhah. It's "just" that there is a competing, greater ratzon for
something else. The buried ratzon is sufficient to make the get valid,
but since he won't act on it, kofin oso until he does.

A true get anusah is only given because of the compulsion; it's
invalid not mitzad oneis, but because there is no way of presuming the
get's prerequisite ratzon exists.

The Rambam appears to say this at the end of Geirushin 2:20 (the section
which is 2:18 in the Teimani edition):
    Lefikakh, mi she'eino rotzeh ligareish
    mei'achar shehu rotzeh lihyos miYisrael... veyitzro hu shetokfo.
    Vekheivan shehukah as shetashash yitzro ve'omer "rotzeh ani"
    kevar geirash lirtzono.

Sound to me like the get is valid because "geirash lirtzono" is satisfied
even then it's the buried ratzon of his wanting to be a good Jew. "Rotzeh
ani" is only to display what it buried for the dayan to be able to act
upon it. (Rather than something like devarim shebaleiv.)

What does the chevrah think; plausible?

Tir'u baTov!
-Micha

-- 
Micha Berger             The trick is learning to be passionate in one's
micha at aishdas.org        ideals, but compassionate to one's peers.
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