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Layers of Law

 The Mishna (Arachin 21a) discusses what to do when individuals do not want to fulfill their obligations. One example is a man who refuses to grant the bill of divorce when he should do so. The Mishna states, “they [the court] shall coerce him until he says, “I wish to do it”.”

 

Since a divorce must be given voluntarily the question is, how can a husband’s statement, obtained under duress, make the divorce involuntary act? Rambam reasons that the husband actually prefers to do the right thing but his yetzer hara, evil inclination, prevents him from doing the right thing.

 

Lesson 1: Our yezter ha-ra is ever vigilant and we must therefore strengthen our opposite impulse, the yetzer ha-tov.

Lesson 2: The court must measure what is in the best interest of people.

 

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