[Avodah] forcing a GET

[Micha Berger]

On Thu, May 10, 2012 at 08:39:17PM +0300, Daniel Eidensohn wrote:
> 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...

And I didn't speak of imprisonment, I spoke of the threat of imprisonment.
Please reread what I did write.

A man going to a rabbanut endorsed beis din knows that they lock people
up. That knowledge alone is the compulsian I'm talking about. As I
wrote in the first email, "Many gitten are given under the thread of
imprisonment", and clarified in the second (to which you're replying),
"[H]is agreement does factor in that threat of imprisonment." Most
husbands (although until now I wrote only "many") trying to avoid their
wifes' demand for a get would dismiss the possbility from their minds
as some extreme their case could never reach.

According to your brother, any compulsion at all would invalidate the
gett. So I asked why not *fear* of jail?

You quote here someone who says "the harchakos of Rabbeinu Tam which
is not considered as force by many poskim". I said it's the norm. Your
brother was willing to condemn rabbanim as acting outside of halakhah
for holding of it. So I'm not sure how citing someone who says that
harachaqos are usually sufficient defends your bother's position.

In any case, the SA and Rama are clear, and attempts to read other
peshatim into consequent shu"t -- saying both that the majority of shu"t
defy the greater SA and what happens to be the norm (I didn't see anyone
else check) defies the shu"t -- to carry a huge burden of proof.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 33rd day, which is
micha at aishdas.org        4 weeks and 5 days in/toward the omer.
http://www.aishdas.org   Hod sheb'Hod: LAG B'OMER - What is total
Fax: (270) 514-1507               submission to truth, and what results?