[Avodah] forcing a GET

[Daniel Eidensohn]

that is not what he says. Please reread this paragraph.  he says that If 
the claims are not cases where poskim allow force -e.g., not cases where 
the harchakos of Rabbeinu Tam are use which is not considered as force 
by many poskim -  then the court will not write the words that he should 
be forced. Without those words he can not be imprisoned.  Prison can 
only be used in a case where the poskim say force can be used. If it 
isn't one of those cases you can't threaten because there is no chance 
it is going to happen. It can't be used where the decree says he is 
chayiv to give a get or that it is a mitzva to give a get.

Bottom line - your assertion is simply incorrect. Prison is not a 
punishment for "messing up" .

*In fact the rabbinic courts very rarely issues a psak which says to
force get*. In the overwhelming majority of cases it simply says that
there is an obligation to give the get or language which is even milder.
That is consistent with the view of those religious authorities that one
does not psaken to force a get except in a small number of rare cases
which are explicitly mentioned in the Talmud.


On 5/10/2012 7:50 PM, Micha Berger wrote:
> 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."
> :
> :[...]
>
> 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.
>
>