[Avodah] forcing a GET

[Micha Berger]

On Sat, May 12, 2012 at 11:55:13PM -0400, Zev Sero wrote:
> EH 154:21
> All those whom they [Chazal] said must divorce, we force them [to do so]
> even with sticks. [Whether or not the gemara says so.  It's enough that
> the gemara says he must divorce; it doesn't have to spell out every detail.]
> And some say [the opposite]: that anybody that the Talmud does not explicitly
> say "we force him to divorce", but only "he must divorce", we cannot force
> him with sticks...

Stam SA:
    Anyone who they said must divorce, you can force him even with
    sticks.

2nd opinion:
    Veyeish omerim -- anyone who they do not say "force him to divorce,"
    only that "he must divorce", you cannot force him with sticks.

Notice neither limits the use of non-corporeal kefiyah in cases where
he must divorce. The machloqes is on "afilu beshutin". The yeish omerim
says that in cases the divorce is mandatory but qefiyah isn't specified
by the gemara,
    We tell him, "The sages obligate you to divorce." And if he won't
    divorce, you are allowed to brand him a sinner.

So, in such cases, you may ostracize the guy.

Then, after the Rama says that it's better to avoid the machloqes and
not use qefiyah beshutim in violation of the yeish omerim, he writes:
    But if he has a wife sinfully, everyone agrees kofin beshutin.
    Wherever it says ein kofin beshutim, we also do not put him in nidui.

Then his discussion of harchaqos RT, which is -- again -- everything short
of nidui.

The Tzitz Eliezer 17:52, Yabia Omer 8:25 and R' Sternbuch 5:344 all
invoke this se'if in their discussions of ma'us allai.

So I feel pretty secure in saying it applies.

Tir'u baTov!
-Micha