Freewill and Divorce Under Duress

Consent... is an elastic phrase under Jewish law and can be stretched almost to breaking point.

Thus we find that in certain circumstances, a [bill of divorcement, Hebrew:] Get given on pain of prolonged incarceration or other physical punishment is a valid Get. This is the case even though one of the Torah requirements for a valid Get is that it is given with the free will of the husband. But how can it be said that a person who is punished until he gives a Get is doing so of his own free will?

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Author: Raphael Grunfeld

Keywords: freewill, consent, bill of divorcement, divorce, get, ghet, Jewish bill of divorcement, divorcing, Rambam, Maimonides, Evil inclination, Yetzer hara, Yetzer ha Ra, Yetzer ha Rah, Diabolos, Satanas, yetser hara, Yetser ha ra, Yetzer, Yetser, Temptation, Evil urge, Evil desire, Yetzer hatov, Yetzer ha tov, Yetser hatov, yetser ha tov, Good inclination

Bible reference(s): Deu 24:1-3, Mat 5:31, Mat 19:7-9, Mar 10:4-5

Source: “Sale Of Land And Acceptance Of Torah Under Duress (Bava Batra 47b),” JewishPress.com, March 2, 2017.

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