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What "teeth" does beit din have to stand behind their determination in this middle case? Rabbeinu Tam is one of the Rishonim who is less inclined to use coercion. Yet, he is quoted by many sources as saying that in some cases where beit din cannot coerce, they can declare a harchaka, an order for people to stay away from the husband. Among the many manifestations of the harchaka are that no one should do him any favors, do business with him, or even do a brit mila for his son (see Rama, Even Haezer 154:21). The limitation the Rama mentions is not to put him in niduy, a form of excommunication that includes an element of curse.
What is the difference between coercion and the strong steps of harchaka d’Rabbeinu Tam? Rav Yosef Goldberg, in complementary articles in Shurat Hadin, vol. V and VI, champions the following thesis, which greatly reduces harchaka d’Rabbeinu Tam’s efficacy. Besides niduy, beit din should not do anything that is likely to force the husband to give a get, just encourage him (based on the Rivash, Maharik, Beit Ephrayim and others). One of the factors that play a role is whether the person can move to another location where people have not been instructed to distance themselves. This makes the Israeli law that empowers beit din to use such steps as withholding a driver’s license and banking rights problematic, as these apply throughout the country. According to this approach, though, if one does not use too powerful a sanction, then even if harchaka d’Rabbeinu Tam should not have been used, it will not render the get invalid because it is not considered force.
The more accepted approach to the logic of harchaka d’Rabbeinu Tam is justified by Rav Ovadia Yosef (Yabia Omer VIII, EH 25). That is that it is not the level of pressure on the person that is the issue, but the question of whether anyone is doing anything to him. All of the things mentioned deal with withholding things that while usually available to neighbors, are things that people do not have to provide. Thus, by virtue of beit din informing everyone that the husband is persona non grata, their agreement to not extend various courtesies is a fair act of not giving. It is not a case of taking from him or withholding absolute rights. Since this is a form of legal coercion, if one invokes it when it is not justified, the resulting get may be invalid as an improperly coerced get.
P'ninat Mishpat (829)
Various Rabbis
171 - Conditions on a Get After it Was Given to an Agent
172 - Use of Harchaka D’Rabbeinu Tam
173 - Steps Against a Uncooperative Litigant
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
