Thursday, October 8, 2009

Bava Batra 48 – Is a Forced Action Valid? (Civil)

If they subjected him to distress until he finally relented and sold them what they demanded, his sale is valid, and he cannot retract.

What is the reason?

* Is it because any sale is forced since the seller needs money? - No, it could be different when it is against his will.
* Is it because a recalcitrant husband forced to give a Get is indeed divorced? - This is not valid proof because it is a mitzvah to heed the directive of the Sages.

Rather, it is derived from the following ruling: if they subjected a
woman to distress until she agreed to be married, the marriage is valid. This proof stands. However, the Sages later annulled such a marriage: he behaved improperly; therefore, they behaved improperly with him.

Art: The Argument by William Henry Knight

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