Under what rules can a get be forced and still be kosher? There seems to be contradiction. On the one hand, a get 'meusa' is posul; on the other hand, bais din can force him.
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3ger, welcome to Mi Yodeya! This question would be a great deal stronger if you could edit in the bases for your understanding of the assumptions of this question, namely " a get 'meusa' is posul" and "bais din can force him." Please consider registering your account, which will give you access to more of the site's features.– Isaac Moses ♦Commented Oct 11, 2013 at 16:13
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here is one discussion which covers the notion of free will in issuing a get jlaw.com/Articles/getart3.html– rosendsCommented Oct 11, 2013 at 16:29
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1 Answer
Here is a treatment of the subject. Basically it comes down to three views:
1) If the Torah requires the get, his real desire is to give it, and the coercing removes the Yetzer Hara's objection, which is not him.
2) It is like someone forced to sell something under duress where they get the payment. Either the "seller" (the husband) loses nothing in the transaction, or he even gains the Mitzvah. Such a transaction, even when forced, is ultimately valid. In other words, the "meusa" has to be relevant to the interests of the husband. If he is just being obstinate, that can't hold the wife as an aguna.
3) Since the marriage was on condition of the Chachamim's agreement (according to the Laws of Moshe and Yisroel - Yisroel being the Chachamim), here the Chachamim just invalidate the marriage. The forced get is simply technique for invoking their rejection of the marriage. The get doesn't accomplish its Torah purpose.
Please see the article for more in-depth discussion of the sources. The different opinions create different circumstances under which force would create a valid divorce.
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1A slight editorial: Regardless, the recent write up in the news (which I assume prompted the question) struck me as most problematic around the issue of essentially buying (bribing) the "Beis Din" for a result, a result where people involved gain financially.– YishaiCommented Oct 11, 2013 at 16:54
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Are you sure about #3? Doesn't that make it an annulment, not a divorce?– Seth JCommented Oct 11, 2013 at 17:00
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@SethJ, yes it does. To quote the article: "In the cases of a forced get in the Mishna, the Radbaz explains, the Rabbis essentially revoked the marriage from the onset."– YishaiCommented Oct 11, 2013 at 17:01
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So according to #3, can we be matir Mamzeirim this way (if the husband shows up, force him to give a get)? Commented Oct 11, 2013 at 18:33