Chacham Tzvi #1 Provides no heter to force a Get in a case of ma'os alei or where the husband loses leverage

I recently posted  an  article by Rabbi Hoffman  in 5TJT  about the use of cattle prods to force a husband to give a get.  He noted while it is clearly prohibited by the major poskim such as Rav Eliashiv and Rav Shlomo Zalman Auerbach - there are minority views such as the Chacham Tzvi which would allow it. [see 2005 Bedatz protesting against American cattle prod gittin]

"There are also Poskim who draw a distinction between the cases in the Gemorah and Shulchan Aruch and cases where the wife is no longer under the same roof as the husband. These Poskim write that the entire issue of limitation of forcing was only when they were under the same roof, but otherwise forcing when there is a concern that the wife would be an Agunah, left alone, is always permitted. The responsa of the Chacham Tzvi Siman 1 seems to indicate that he holds of this distinction. He writes that one may force a get either because of igun or because of the issues that Chazal enumerated. This is also the position of the Z’kain Aharon (Rabbi haLevy) in his responsa (#149). According to these Poskim the cattle prod get would be kosher."

Note Rabbi Hoffman tentativeness  - that the Chachom Tzvi would seem to accept the distinction of whether the wife is under the same roof. Thus the Chachom Tzvi at most implies that there might be a heter when the couple are living apart.

However I disagree with Rabbi Hoffman's apparent assertion that the Chachom Tzvi would allow the use of force in all cases where the couple are living apart.

I looked in the authoritative sefer Kefiya B'Get by Rav Tvi Gartner, expecting the find the Chachom Tzvi cited all over the place as a heter to use force. But I only found a single reference to it which is found below. [It is also not cited in review articles about aguna e.g., in the 111 pages of  Rabbi Breitowitz - Plight of the Aguna]

Chachom Tzvi says clearly that a get can be forced either because of the specific cases permitted by the gemora  or because of the issue of agunah. Rav Gartner explains  the Chachom Tzi as saying that force can be used in the case of aguna because it is similar to a forced sale in which the customer pays for the item and thus the "seller" loses nothing. This logic is described in Rabbi Hoffman's article in reference to the Rashbam and others. The simple question is does this in fact provide a heter to use a cattle prod to force a husband to give a get? (assuming of course that the government permitted its citizens to torture each other for religious reasons)

The answer is clearly no! Where the wife has requested the divorce because of ma'os alei - this is simply not a case of aguna. The overwhelming view of the poskim is that she is not an aguna because he didn't wish to divorce her and thus she still has a marriage. It is not the marriage she wants - but she is not an aguna. Even if there is a civil divorce - there is nothing preventing her from returning to him.

But what about the case where there is no possibility of reconciliation - doesn't the Chachom Tzvi allow force even in the case of ma'os alei? The answer again is clearly no! In most cases there are unresolved issues for which the giving of the get is the major motivation for the husband being able to obtain equitable custody or to resolve financial issues. Clearly the husband has much to lose by giving the Get. Thus even if you want to posken like the minority view of the Chachom Tzi - that in a case of aguna force can be use - his heter  doesn't apply in most modern cases.

In fact it apparently would only apply where the husband is only refusing to give a get out of spite - and he has nothing to lose by giving her the get.