Rav Sternbuch:Forcing Husband to divorce Wife

This should be read together with these other teshuvos of Rav Sternbuch

Teshuvos v'Hanhagos (1:389): Question: A woman has suffered for a number of years from her husband who refuses to divorce her - how can he be forced to give a get?  

Answer: It is an established halacha that if the wife refuses to live with her husband because she claims he is disgusting to her (ma'os alei) that it is impossible to force him to divorce her. This is explicitly stated by the Rema (E.H. 77:3). And even if it has been a number of years that they have separated and he is being spiteful and cruel in refusing to divorce her it is clearly stated by the Teshuvos haRosh (43:6) that if we force him to give the get there is the concern that it is a get me'usa and therefore invalid and it only serves to increase mamzerim. However while it is stated in the Rema (E.H. 154:21) that nidoi (cherem) is considered force and is prohibited, nevertheless he says it is permitted to decree that no Jew should do him a favor or should do business with him or even to circumcize his sons or to bury them - until he divorces his wife. But the Pischei Teshuva (E.H. 154:30) says there these shunnings (harhakos) are equivalent to nidoi (cherem) and are not permitted to be imposed today and the only recourse is to tell him that it is permitted to call him a sinner  and he says it is best to be strict according to this opinion. This is agreed to by the Chazon Ish (E.H. 105:12). He concludes in the name of the Rashba that it is not permitted to humiliate the husband or to torment him - examine this well.

However it appears that what is prohibited is to humiliate him and to shun him in a manner similar to cherem - i.e, not to do business with him and not to do him a favor - and that is not done today. (Chazon Ish understands the Pischei Teshuva differently). But when he is not actively humiliated but that he is only not given honors for example he is notified that he will not receive an aliyah in his shul or any other shul and that he will not be allowed to be the shliach tzibor - then this is not like cherem at all even though it causes some humiliation. The only pressure permitted is that he should know that the community does not approve of his conduct of being cruel to his wife - but this is not called force at all.

I recall witnessing an incident involving Rav Yechiel Weinberg (Seridei Aish) concerning a husband who spitefully refused to divorce his wife after a number of years and he directed that it be known and publicized that this husband was not to get an aliya in the shul. That is in accord with what I have written that this type of pressure is not called force. It is also done here in Yerushalayim to publicize notices in the street that a particular person is a sinner and has made his wife an aguna. In my opinion 1) if she has solid justification for her desire to be divorced then it would be possible and appropriate to force him  actively with humiliations to give her a get. We learn from Kesubos (71a) if it is clear that he hates her then he is obligated to divorce her. 2) On the other hand if there is no apparent reason for her being repelled by him we can distance him.  I am inclined to permit humiliation in such cases but it is necessary for beis din first to be very careful and thorough in evaluating the situation as to whether it is appropriate. Similarly one should not spare any efforts to encourage that she live with him when she requests a divorce and there is no clear reason except she says she doesn't like him. 3) But if there is a clear reason - then even if we don't force him with a beating we are accustomed to be lenient to pressure him with notices  in shuls as I mentioned above.

This that the wife creates pressure with the claim that he is tormenting her and she can not stand the situation any more and that she is ready to go to "rabbis" who are lenient in divorce - that is still not justification for us to make rulings against the Torah. The ways of G-d are hidden and some suffer physically while other suffering financially and some suffer in their marriage. We need to hope to G-d that the end of suffering has arrived and that he will divorce her. On the other hand, to force him with high payments for food or to humiliate him when it is not permitted - it doesn't help because this pressure only produces a get me'usa - G-d forbid - which has no validity. But concerning cruelty and spite which is characteristic of Sedom - only Heaven can punish him.