[Avodah] is this muttar?

[Rich, Joel]

>>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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 Could be, but it seems to me there is a prohibition against hitting ones neighbor.How does one invoke makkin oto without a beit din to invoke it so as to override the hitting prohibition?
KT
Joel Rich
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