[Avodah] Kofin Oso

[Zev Sero]

On 19/07/2011 11:23 PM, Micha Berger wrote:
> In my experience, it is usually explained that kefiyah can produce a
> valid get because the kefiyah is halachically legitimate (mandatory and
> thus permitted), Then the "rotzeh ani" is really a haaramah, one that
> bothers me because (1) we don't allow haaramos in dinim deOraisa, and
> (2) it smells so inquisitional.

Oh.  That doesn't seem right at all.  It's clearly not what the Rambam
says, at any rate.  And I think the word you're looking for may be
"Jesuitical".

Bear in mind that "kofin oso ad sheyomar 'rotzeh ani'" is not just used
for gittin.  Think back to the first Rashi you probably learned, when
you were brought in to cheder.  A korban must be brought "lirtzonchem",
of the owner's free will.  So what can BD do if a person is obligated in
a korban (either as a chatas or because he promised to bring it and has
now changed his mind)?  If they just confiscate his money and bring a
korban in his name, as they would do for tzedaka or machtzis hashekel,
it won't count.  So what do they do?  Kofin oso, exactly as the Rambam
and you explained.

-- 
Zev Sero        If they use these guns against us once, at that moment
zev at sero.name   the Oslo Accord will be annulled and the IDF will
                 return to all the places that have been given to them.
		                            - Yitzchak Rabin