1,717. When a Man is Compelled to Divorce His Wife

Hilchos Geirushin 2:19

Let’s say that a girl’s father betroths her to a man while she’s a minor and subsequently dies. If she is able to distinguish between the get and other items, then divorce is effected once she takes possession of the get. If she is not able to distinguish the get, she cannot be divorced until she is able to do so. If her husband divorces her before this is the case, it is a meaningless act.

Hilchos Geirushin 2:20

If the law requires a man to divorce his wife but he doesn’t want to, the court can have him beaten until he agrees to do so, at which point they have a get written. Such a get is valid in all times and places (as opposed to requiring a Sanhedrin). Similarly, if non-Jews beat the recalcitrant husband, telling him to yield to the court order, and the court has the non-Jews pressure him until he agrees, the divorce is valid. However, if non-Jews of their own volition compel a man to divorce his wife, the get is invalid. The difference in these cases is that in the former scenario, it is the law that requires the man to divorce his wife. One might think that even the former get should be void because the man is being coerced. However, the idea of being coerced only applies when a person is being forced to do something that the Torah doesn’t require of him, such as if one is beaten until he agreed to sell something, or to give it away (i.e., such a transfer of ownership is not binding). However, if a man’s yeitzer hara (evil inclination) keeps him from performing a mitzvah or drives him to violate a prohibition, and he was beaten until he did the thing that was required of him, or he ceased the prohibited activity, this is not considered being coerced. Rather, it was the person himself who was causing this scenario. Accordingly, this man who refuses to divorce his wife ultimately wants to be a Jew in good standing, performing mitzvos and avoiding sin. He is only refusing because he is being compelled by his yeitzer hara. Therefore, when he is beaten until his urge to disobey diminishes and he agrees to give the get, he is considered to have done so willingly. Let’s say, however, that the law doesn’t require a man to divorce his wife but he is nevertheless compelled to do so by the court or by lay people. In such a case, the get is invalid but since he was compelled by Jews, he should complete the divorce. If non-Jews compel a man to divorce his wife when not required by law, divorce is not effected. Even if he told the non-Jews that he agreed and instructed Jews to write and sign a get, the get is meaningless because the law didn’t require divorce of him and he was coerced by non-Jews.