[Avodah] forcing a GET

[Micha Berger]

On Sun, May 13, 2012 at 02:52:40PM +0300, Daniel Eidensohn wrote:
> What does the applicability of the harchakos of Rabbeinu Tam have to do  
> with your mistaken assertion that the Shulchan Aruch and the Rema posken  
> like the Rambam? How does this show that  there is an obligation for a  
> man to get divorced in a stam case of ma'us alei?...

The se'if is generally taken to refer to ma'us alai, and for the simple
reason that it doesn't say anything to exclude ma'us alai. You tried
saying this se'if wasn't relevent. It is.

I still don't know how you can see that se'if and conclude we do not hold
that the iqas hadin is like the Rambam. The only machloqes is whether
or not to use violence, and according to the Rama, whether or not to
use nidui. Not other forms of kefiyah.

And the issue isn't whether or not she is a moredes. (Although that
would forfeit her kesuvah, as you cited.) It's whether or not BD could
use harchaqos RT in a case where they decide a divorce is necessary,
and whether or not bedi'eved, the gett would be pasul if they crossed
the line into kefiyah.

Who is to blame for the initial cause isn't at issue. It's not hilkhos
oneshim.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 36th day, which is
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