ARE BATEI DIN FORCING GITTEN TODAY AGAINST HALACHA?

ARE BATEI DIN FORCING GITTEN TODAY AGAINST HALACHA?

SEE BELOW THE WORD FORMAT AND LINK TO THE FULL SOURCE OF THE ABOVE POST:

Batei Din today force men to give Gittin based on a Yesh Oimrim in Rema in Even Haezer 154:3. The problem is that we dont follow the Yesh Oimrim. based on Klolei Halacha. Instead, we follow the first opinion in Rema – that doesnt allow for a forced Get.

…איש המכה אשתו עבירה היא בידו כמכה חברו ואם רגיל הוא בכך יש ביד ב”ד ליסרו ולהחרימו ולהלקותו בכל מיני רידוי וכפייה ולהשביעו שלא יעשה עוד ואם אינו ציית לדברי הב”ד יש אומרים שכופין אותו להוציא ובלבד שמתרין בו תחילה פעם אחת או שתים כי אינו מדרך בני ישראל להכות נשותיהם ומעשה כותים הוא…

Rema:……A man who hits his wife, has a transgression in his hand as much as striking his fellow. If he does this often, the court had the right to cause him pain and to excommunicate him, to whip him, to use all types of force, and to make him swear he will not do it again. And if he does not obey the court, Yesh Oimrim say we force him to divorce her, as long as he is warned once or twice, for it is not the way of Jews to hit their wives, that is the actions of the gentiles. This only applies when he is the one who initiates the hitting, but if she curses him for no reason, or mocks his father and mother, and she contradicts what he says and he has no authority over her, some say it is permitted to hit her. And some say that a bad wife is [also] prohibited to strike. The first opinion is the essential one. If it is not known who started it, the husband is not believed to say that she started it, for all women are assumed kosher, and they place others among them to see who is the bad one. And if she curses him for no reason, she is divorced without her ketubah. And it seems to me that this is only when this happens often, and after warning, …..

See original source: https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.154.3?lang=bi&with=Commentary&lang2=en