[Avodah] forcing a GET

[Micha Berger]

On Thu, May 10, 2012 at 01:08:23PM +0300, Daniel Eidensohn wrote:
: Rabbi Berger states "This is also against Israeli norm, *where many
: gittin* are given under the threat of imprisonment."
: 
: I just posted a translation of Justice Menachem Elon (2005) regarding
: the matter: (he also disagrees with Rabbi Berger's understanding that
: we posken like the Rambam)
: 
: He states:
: *In reality however this[use of imprisonment] almost never happens.*
: Let me explain my words. According to the section of the law, it is
: possible to imprison the husband in a case where the beis din has
: ordered that the husband be forced to give a get. However if the beis
: din only issues a ruling that the husband is obligated to give a get -
: and sometimes the language is even weaker and they simply say that it
: is a mitzva to give a get or that it is proper to give a get -- then
: it is not allowed to imprison the recalcitrant husband....

That just means that the threat is in practice rarely carried out.

The husband still enters precedings knowing that if he messes up, he
could end up being forced to choose. And his agreement does factor
in that threat of imprisonment.

Tir'u baTov!
-Micha