Halachic Rules:

A rabbinical divorce called "get" is needed to permit a Jewish man or woman to remarry by the Jewish faith. If a woman refuses a "get" without proper justification or if she is mentally ill the man may then be permitted by one hundred rabbis to marry another woman while still being halachically married to his first wife. He should, however, obtain a legal divorce.

A rabbinical divorce must not be coerced. If the husband or wife fear that they will suffer a physical or monetary punishment if they do not participate in the "get" procedure and the fear is very real. If due to this fear they change their attitude and decide to go through with the "get", this is a coerced "get" and is not valid if it is the husband who was coerced. If it is the wife who was coerced the "get" is generally not valid because a person who is learned in the divorce laws will not help with a forced "get". Even if it was done properly, some authorities invalidate the "get" anyways and therefore this "get" is not to be relied on. Futhermore, if they did participate in a "get" ceremoney with this "get" they both violated a Rabbinical ordinance.

A woman who was coerced by the civil court to accept a "get" given by a Beth Din must lie to the Beth Din and state that she is accepting it willingly. If there is no evidence of coercion she is not believed to invalidate the "get" according to those authorities who invalidate a "get" if the woman was coerced. She can prohibit herself from remarrying if she claims she was coerced. If there is proof of coercion we do not permit them to remarry on the basis of this "get". If they did, however, remarry we do not ask them to divorce and we do not invalidate their children.

Only a reliable Rabbinical court called Beth Din is allowed to validate a coerced "get" when the husband refuses to honor the "kesubah" by not supporting his wife or by not having marital relationship or when he is married to a woman forbidden to him, as with a "Cohen" married to a divorcee. Even if he was coerced, the husband must say at the time of the "get" that he is giving the "get" of his own free will. We accept this statement because we assume that he has repented.

A non- Jew who coerces a Jew to give a "get" invalidates the "get". If he is authorized to do so by Beth Din, however, the "get" is valid. If another non- Jew hires this non- Jew to coerce a "get" from this Jew either before or after the Beth Din authorized this non- Jew to coerce the "get", then the "get" is invalid because he is now doing it for hire and not for the Beth Din. A judge of the secular courts even if he is a Jew cannot be authorized by a Beth Din to coerce a "get" so long as there is a basis in their secular law to sanction this coercion. The reason for this is that the coercion is then being done in his capacity of judge in the civil court according to their code of law and not specifically for the sake of Beth Din.

If the husband is coerced by a Beth Din on another suit such as to move out of the house in order to stop beating his wife, or to support his wife, and this is the reason he decides to give her a "get", this coercion is permitted so long as it is a halachically valid suit that can be judged by Beth Din as a separate suite. If on these matters the husband refuses to abide by the decision of the Beth Din, then the wife is given permission to have the criminal or civil court enforce the decision.

A wife who mildly coerces her husband for a "get" is not under the category of coercion because these are the reasons that a husband divorces his wife. The same is true of the husband who mildly coerces his wife to accept a "get". If, however, the coercion is unusual and very severe, such as physical violence or financial destruction, it is coercion according to the "halacha". If the husband refuses to pay wife and child support until she accepts a "get" and the wife will have to live off charity and therefore she agrees to a "get", this is a coerced "get". If however he/she employs others to coerce the "get", this "get" is invalid unless Beth Din rules that coercion is permitted in this case. Even if Beth Din ruled in favor of coercion, neither the Beth Din nor the wife may engage the secular court to punish the husband with the condition that if he gives the "get" the legal proceeding will be dropped. The reason is because the secular court enforces the law of the land and is not empowered by that law to enforce the ruling of Beth Din. Therefore if a wife falsely accuses her husband of wife- beating, and she stipulates that she will drop the charges if she is given a "get", if there is a reasonable chance that the judge will believe the false charges and out of this fear the husband gives a "get", this "get" is a coerced "get" and is invalid. In this case it is not the judge himself coercing the "get" since he is not doing the will of the wife, but that of the civil court, and the law is not related to the "get". It is the woman who is coercing her husband in an unusual and very severe way.

The type of coercion that invalidates a "get" is defined as causing physical pain whether done directly to the body or affecting the body through emotional stress so that the body is in pain, such as causing an ulcer or high blood pressure.

Even if a "get" is given without declaring that it is being given on condition, but we are sure that he would not have given it without the agreement to pay him off; then if after the "get" he is not paid and he demands payment the "get" is invalid. Likewise when a woman refuses a "get" and she finally agrees because of a promise of payment of support, or promise of a non related monetary payment. If after the "get" she is not paid and she cannot force him to pay, it is a coerced "get". If however, the Beth Din ruled that the husband may be coerced into giving a "get" then he may also be tricked into giving the "get" and according to "halacha" they are not obligated to pay him after the "get" since he is blackmailing his wife.

If there is proof that either side is under illegal coercion to participate in the "get" procedure but they do not inform the Beth Din that he or she is coerced. In the event that any Beth Din accesses this proof they will invalidate the "get".

A woman who abandons her husband without proper reason is not entitled to his support.

If the woman`s husband is ill or is away at war and she must sell his property in order to help support herself and family. She may sell property up to the amount needed for a sixth month period according to the Jewish months. The wife cannot be paid all at once, but in weekly or monthly installments. When the potential buyers will only buy a larger amount then she may sell that amount to the best bidder but she must be paid in installments. The entire amount may be deposited in her husbands account and she may then withdraw weekly or monthly expenses.

All of these transactions should be done with the supervision of a Beth Din or a learned Rabbi. If she cannot find a Beth Din she may attend to all these transactions personally, but she may enlist the help of a lawyer or representative when needed.

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