Agunot and Forced Divorce

(1) [1] A woman may be divorced only by means of a writ that reaches her, and this writ is called a get. According to the Torah, there are ten rules that are basic to divorce, and they are as follows: that the man may not divorce his wife except of his own free will; that he must give a divorce by means of a writ, and not by means of anything else... that it must be written specifically for her... that he must deliver it to her; that he must deliver it to her in the presence of witnesses; that he must give it to her as an instrument of divorce; that it must be the husband, or his agent, who gives it to her...

A) Beit Shammai say, "No man shall divorce his wife, unless he found in her unchaste behaviour, as it is stated [Deuteronomy 24:1], 'Because he found in her 'ervat davar' [unchaste behavior].'"

B) Beit Hillel say, "Even if she spoiled his food, because it is said, ervat davar".

C) Rabbi Akivah says, "Even if he found another [woman] prettier than her, as it is stated [ibid.] 'If it happen that she does not find favor in his eyes.'"

A) And these [are the cases in which] they compel him to divorce [his wife]: one stricken with leprosy; or one afflicted with polypus; or one who gathers dogs’ dung; or a copper-smelter; or a tanner. Whether [these circumstances] existed before they were married or after they were married.

B) And with regard to them all, Rabbi Meir said, "Even though he stipulated with her [in advance], she may say, 'I thought I could accept it, but now [I realize that] I cannot.'"

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C) It happened at Sidon, that a certain tanner died, and he had a brother who [also] was a tanner. The Sages said, "[The wife] may say, 'For your brother I could accept it, but for you I cannot accept it.'"

[With regard to] one who vows [to prohibit] his wife from benefiting from him, up to thirty days, he must appoint an administrator [to provide for her needs]. More than that he must divorce her and pay [the amount of] her ketubah [monetary settlement payable to a woman upon divorce or the death of her husband].

A) "He shall offer it" (Leviticus 1:3) - against his will (i.e. if someone is obligated to bring an offering we force him to do so).

B) Perhaps we can do so against his will?

C) Scripture states "in accordance with his will"!

D) How then? We coerce him until he says, "I wish to do it".

E) And so you will find in the case of divorce that we [sometimes] coerce him until he says, "I wish to do it".