Julian Ungar-Sargon

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Daf Ditty

A wide-ranging commentary on the daily page of Talmud.

Bava Batra 48: אַגַּב אוּנְסֵיהּ גָּמַר וּמַקְנֵה

jyungar August 12, 2024

For the source text click/tap here: Bava Batra 48

To download, click/tap here: PDF

While discussing the validity of a sale when the original owner was coerced to sell, the Gemara suggests comparing it to a case of divorce.

According to Torah law only the husband can act to divorce his wife; the wife does not have the power to create a divorce. The Gemara in Gittin (88b) teaches that there are exceptions. If a beit din forces the husband to give a get (write of divorce), the divorce will take effect. If it is a non-Jewish court that forces him to give a get, no divorce takes place. If, however, the Jewish court rules that the husband should divorce his wife, but they do not have the power to force him to give a get, they can turn to the secular courts and arrange for them to force him to follow their ruling.

We explore the legal ramification of coercion (Hobbes) with a review of the work of Rabbi Emanuel Rackman.

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Julian Ungar-Sargon

This is Julian Ungar-Sargon's personal website. It contains poems, essays, and podcasts for the spiritual seeker and interdisciplinary aficionado.​