Telephone Conference Shiur #5 - Beth Din Coerces a GET

Telephone Conference Shiur #5 -  Beth Din Coerces a GET

1.       Even Hoezer 77 paragraphs 2 and 3 make it clear that in general it is forbidden to coerce a husband to divorce his wife despite her demands and protests. And yet there are some times when a husband can be forced to divorce his wife, such as when it is forbidden to live with a relative see EH 154.

2.       Even Hoezer 1:3 should we force somebody over twenty years old to marry? Shulchan Aruch says yes and Ramo says the custom is not to force people in choosing a mate in marriage even if they are not doing the mitzvah properly. See the Gro there #9,#10 seems to approve of forcing people to fulfill the mitzvah not like the Ramo but like the Shulchan Aruch. Here forcing a mitzvah is permitted by some authorities, but forcing a GET is  in general not permitted.

3.       See Ramo in Shulchan Aruch EH I:10 a man marries two wives can we force him to divorce one. Two opinions in Ramo. Here two wives is a sinful marriage because of Cherem Rabbeinu Gershon not to marry two wives. And in a sinful marriage a divorce can be forced.

4.       When the Shulchan Aruch rarely approves of forcing a husband to give a GET, how does this work? Today there are no mumchim. See gemora Gittin 88b. See also Choshen Mishpot beginning of Simon 1 in Nesivose, Tumim, and Ketsose in Simon 3.

5.       Chazon Ish Gittin 99:2 when Beth Din mistakenly tells the husband he must give a GET and that is not the law, the GET is invalid for two reasons min haTorah. Thus a Beth Din has no power to force a GET when the Shulchan Aruch says the husband in that case cannot be forced. And if the Beth Din paskens without forcing the husband and the husband gives the GET the GET is invalid and the children are mamzerim diorayso.

6.        What  was the power of the Geonim to permit forcing a husband in defiance of the gemoras that clearly indicate that a husband in most cases cannot be forced to divorce? Tosfose Rid Gittin 89a based on gemora Bovo Basra מצוה לשמוע לדברי חכמים. What does this mean?

7.       See also Tosfose Kesubose 63b AVOL discussion at length about coercing a GET.

8.       Did the Geonim permit always to force a GET when the wife demands it, or was this a temporary ruling that is not applicable today? A machlokess HaRishonim in this see Ramban and Baal HaMoor on the Rif Kesubose 63b.

9.       What is the authority of a Rov or a Beth Din to teach people the halacha and to insist that they obey? See Rashbo in Teshuva I:253.