[Avodah] forcing a GET

[Micha Berger]

On Thu, May 10, 2012 at 06:28:46PM -0400, Zev Sero wrote:
> If people are really worried about being *falsely* imprisoned by a BD
> if they don't cooperate, then I would say ein hochi nami, all gittin
> issued by that BD are invalid, and the dayonim should resign in disgrace.
> I don't believe that's the case in EY.

There's worried and there's worried.

I'll try to summarize my position, which is mostly what I wrote when I
summarized the SA and Rama in EhE 154:21.

Both the SA and the Rama hold that me'iqar hadin we could use kefiyah.
However, both also say we ought (with 2 different kinds of ought) to
avoid the machloqes and don't rely on the Rambam. What that means is
that bedi'eved, kefiyah does not invalidate the gett.

What we ought to be doing lechat-khilah is relying on harchaqos RT. The
Rama gives a very broad definition of such harchaqos: anything short of
nidui.

This is what I see in the majority of shu"t since, as well as what I
heard from dayanim in the field, one here in NJ, one in EY.

Thus, the kinds of things R Dovid E is saying invalidates gittin fit
within the Rama's definition. Leshitaso, ein ladavar sof, and any tiny
fear that things might go wrong and land him in jail would invalidate
a gett. Or the mother-in-law who drives him crazy about it.

I also believe that someone who gave a divorce, regardless of who filed
for it, would actually be in a situation where the Rambam allows kefiyah.
Even if she filed for divorce as a ma'us alai, and she is a moredes,
he signed a paper saying there will be no onah.

Ad kan the summary.

AFAIK, the group in question (ORA) does wait for BD to invoke harachaqas
RT, although they have been accused otherwise. But regardless of the
metzi'us -- since this is Avodah, neither Areivim's discussion of what's
going on nor a forum where we can decide halakhah lemaaseh anyway --
speaking of any hypothetical group that were to do so...

Second, we have yet to discuss what the actions of interested third
parties do to the validity of a gett. (This has been RYGB's favorite
point of contention.) Why would a bunch of people organizing a
gett-refuser-harassment-society differ from a mother-in-law on a campaign?

:-)BBii!
-Micha

-- 
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