Chapter I

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