Coerced Divorce

If the law mandates that a person grant his wife a divorce, and he refuses, a Jewish court, in any time or place, may beat him until he says “I am willing” and writes the writ of divorce. This is a valid divorce [despite the fact that, according to Torah law, a divorce must be granted willingly]... Why? Because an act is not considered to be “coerced” unless the person has been forced to do something which he is not morally obligated by the Torah; for example, one who has been forced to sell or give away his property. But one who has been overpowered by his evil inclination to negate a mitzvah or to commit a transgression, and was forced to do what is right, he is not considered “coerced”—on the contrary, it is his evil character which has forced him, against his true will, in the first place.

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Author: Maimonides

Keywords: Mendel Epstein, Marriage, Divorce, Remarriage, Bill of divorcement, Get, Certificate of divorce, Bill of divorce, Letter of divorce, Remarry, Remarrying, Second marriage, Divorce coerced, Coerced, Coercement, divorce and remarriage, divorce and marriage

Bible reference(s): Deuteronomy 24:1, Deuteronomy 24:3, Isaiah 50:1, Jeremiah 3:8, Matthew 5:31-32, Matthew 19:3, Matthew 19:7, Mark 10:2-4, 1 Corinthians 7:27-28

Source: Mishneh Torah, Laws of Divorce 2:20.

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