5 Towns Jewish Times by Rabbi Yair Hoffman Most of our readers have read about the FBI sting against the Rabbis who
perform what we can now call “The Cattle Prod Get.” In this column we
will not be dealing with the aspects of Chilul Hashem and the breaking
of American law. Rather, we will focus on whether these Gets are kosher
or not in the first place.
The Mishna in Ksuvos (77a) lists a number of illnesses and professions
in which a qualified Beis Din may force the husband to give a Get. The
Gemorah both in Ksuvos and Yevamos provides further cases, and the final
halacha regarding forced cases has been quantified in Shulchan Aruch
Even HaEzer chapter 154.
THE DEBATE
There is a fundamental debate among the Rishonim, however, as to whether
the cases discussed in the Talmud are the only such cases where a get
may be forced upon the husband or whether they are examples of cases
that may include other cases too. We will see that the final disposition
of a forced get in most contemporary cases is dependent upon this
debate among the Rishonim. The first view is that of the Rambam (Ishus
14:8), who rules that there are other cases where a get may be forced.
The next view is that of the Rosh and the Rashba. The Rosh, Rabbi Asher
Ben Yechiel, rules in his responsa (43:3) that one may only force a get
in the cases specifically mentioned in the Talmud. The Shulchan Aruch
cites the Rosh in 154:5. The Rashba agrees with the Rosh in this respect
as well.
MA-OOS ALAI
Most cases of divorces that appear in our times do not deal with the
issues of these illnesses and professions. They rather deal with cases
where the wife allegedly finds the husband disgusting. This is termed in
halacha as “Ma-oos alai” – he is disgusting in my eyes. For these
cases, the Rambam rules that a get may be forced, while others disagree.
HOW DOES A FORCED GET WORK?
The essential question behind this debate may lie in how a forced get
really works. What is the principle behind the mechanism? The Mishna in
Yevamos (112b) clearly states that a man can only divorce his wife of
his own will and accord. It cannot be done against his will. Yet we find
that the Mishna in Eirachin (21a) states that the way it works in
divorces is that we can force him until he says, “I want [to do it].”
How are we to understand how this works?
To answer this question, there seem to be four different approaches. [...]
It is pretty clear, however, from the writings of Rav Elyashiv and Rav
Shlomo Zalman Auerbach that they do not seem to subscribe to this view.
Indeed, a friend of this author was once present when Rabbi Mendel
Epstein’s name came up in front of Rav Elyashiv zt”l, and Rav Elyashiv
zt”l said, “Oh him? His Gittin are invalid.” This was said in reference
to his forced Gittin. Whether Rav Elyashiv’s ruling applies to each
person’s individual case is another story and a competent Posaim should
be consulted regarding each case.