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Refusal of a divorce and killing a thief

שו”תCategory: HalachaRefusal of a divorce and killing a thief
asked 5 years ago

Hello Rabbi,
I remember you wrote in an article about killing a thief that where a person cynically uses halacha to steal money from someone, halacha freezes itself and it is permissible to kill him even on Shabbat. My question is whether this principle also applies in the context of refusing a get, that if the husband cynically uses halacha to obtain something from the wife, will halacha also freeze itself and not allow him to make this cynical use?
Best regards,


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0 Answers
מיכי Staff answered 5 years ago
I don’t think so. It’s not a cynical use, but a right that was given to him in the first place in the halakha. A cynical use is a use of the halakha that was not intended in advance for that situation. For example, someone threatens me with a gun that I will give him a shekel or he will kill me. He is counting on me to shy away from the prohibition of murder and give him a shekel, but the prohibition was not intended in advance to give him the right to take a shekel from me.

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