Skip to main content

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.

 

Comments

Popular posts from this blog

Contact

“Between 1305 and the early 1800’s. the House of Taxis ran a form of pony express service all over Europe….   Its couriers clad in blue and silver uniforms, crisscrossed the continent carrying messages between princes and generals, merchants and money lenders.” –Alvin Toffler, The Third Wave We may think we are the first generation consumed by rapid communication but we are not.   Throughout our history it has been a priority. Of course, now in the 21 st century we must ask: are we better or worse for it?