“WILL vs FORCE PARADOX” by GET
Issue: How do we have the man’s will while being forced at the same time?
SEE 👇 BELOW THE WORD FORMAT OF THE ☝️ ABOVE POST:
“Will vs Force Paradox” by GET
Issue: How do we have the man’s will while being forced at the same time?
The Pasuk says, “If she does not find favor in his eyes….” (Devarim 24:1). From here we learn that you need 100% of the man’s will to give a Get.
In contrast, the Mishnah in Ksuvos 77A allows us to force a Get in 6 cases (He has boils, tanner, dung collector, copper smith, Baal Pulipus that has smell emitting from his nose or mouth).
RambaM’s response: His inner will wants to do what Torah says. So force his outer will to follow his inner will.
RambaN’s response: The “Chachomim of the Gemara” have the power to annul the original marriage. A man marries K’Daas Moshe V’Yisroel, according to the Chachomim. They can retroactively affect your Kidushin. The Chachomim can also make Hefker the man’s money that he used to be Mekadesh her.
Final Halacha: According to 40 Rishonim, which make up the overwhelming majority versus 7 Rishonim: We Paskin like the RambaN, and not like the RambaM. So that means, that we are annulling a marriage when we “force a Get”.
Only the Chachomim of the Gemara have that power and they only allowed it in the 6 cases of the Mishnah. Batei Din today try to derail and rewrite 1000 years of Halachik Responsa history by trying to follow the Rambam and force Gittin even in cases that arent listed in the Mishnah.