Duress in Halacha

[AJK]

Does such a thing exist?

Can one get out of a signed contract if it was signed under duress?

[Lev]

Does such a thing exist?

Can one get out of a signed contract if it was signed under duress?

If he can prove so, definitely!

[AsherO]

Does such a thing exist?

Can one get out of a signed contract if it was signed under duress?

Depends, there's "תלוהו וזבין, זבינא זביני תלוהו וזבין" which is the halacha, but it doesn't necessarily always apply.

OT: I actually heard a shiur before Shavuos as to why this doesn't apply in the case of "כפה עליהם הר כגיגית" and we still say "מכאן מודעה רבה לאורייתא".

[AJK]

If he can prove so, definitely!

And what would be considered "duress?"

The specific case: a former classmate of mine knows a lady who wants a get from her husband, but the husband wont give it to her without her signing a NDA/confidentiality agreement stating that she will not tell his employer he's an addict, among other things.

Is that halachic duress?

Depends, there's "תלוהו וזבין, זבינא זביני תלוהו וזבין" which is the halacha, but it doesn't necessarily always apply.

OT: I actually heard a shiur before Shavuos as to why this doesn't apply in the case of "כפה עליהם הר כגיגית" and we still say "מכאן מודעה רבה לאורייתא".

When does it apply?

The OT is quite interesting.

[meshugener]

I recommend you to use GETora.org

[AsherO]

And what would be considered "duress?"

The specific case: a former classmate of mine knows a lady who wants a get from her husband, but the husband wont give it to her without her signing a NDA/confidentiality agreement stating that she will not tell his employer he's an addict, among other things.

Is that halachic duress?

When does it apply?

The OT is quite interesting.

Get is different, there's כופיין אותו עד שיאמר רוצה אני which, again, I'm not sure how that's enforced.

[meshugener]

It is indeed enforced.
Of course it depends on the B"D.

[AsherO]

It is indeed enforced.

How it's enforced, with regards to AJK's question.

[meshugener]

There are a lot of examples, but I'll give you just one: in Israel, if the Rabbanuth rules a husband to give a Get, he's not allowed to leave the country and may be jailed till he gives a Get.
In the US there are other (maybe illegal) ways being practiced.

[good sam]

Does such a thing exist?

Can one get out of a signed contract if it was signed under duress?

Generally signing a contract is not recognized as a binding act in halacha (other than dina demalchusa dina)?

[Lamdan]

IIRC, kofin by get, the mifarshim explain ( i think the rambam) is because his inner ratzon be'etzem is to listen to the chachamim.

[good sam]

And what would be considered "duress?"

The specific case: a former classmate of mine knows a lady who wants a get from her husband, but the husband wont give it to her without her signing a NDA/confidentiality agreement stating that she will not tell his employer he's an addict, among other things.

Is that halachic duress?

Is your question whether the get is valid, or whether the condition is valid?

[AJK]

Is your question whether the get is valid, or whether the condition is valid?

Condition.

[aussiebochur]

Condition.

Why does she need to talk?

Take the get and get out...

[U-no-me!]

Why does she need to talk?

Take the get and get out...

+1

[U-no-me!]

A classic example of "duress" would be monetary, i.e. I'm going to let you free unless you sell me all your property for below market value. the sale is invalid. in this case it seems as if it's a regular tnay, she's not giving anything under duress. All he want's is to keep his job.

But why not just ask a rov? Maybe Rabbi Landesman in monsey, he's a world expert in gittin.

[AJK]

Why does she need to talk?

Take the get and get out...

A good point, I'll ask.

Perhaps he believes the Get itself would be invalid?

But why not just ask a rov? Maybe Rabbi Landesman in monsey, he's a world expert in gittin.

Good idea.

A family member of mine is a world-renown expert in gittin as well.

[elikay]

And what would be considered "duress?"

The specific case: a former classmate of mine knows a lady who wants a get from her husband, but the husband wont give it to her without her signing a NDA/confidentiality agreement stating that she will not tell his employer he's an addict, among other things.

Is that halachic duress?

I have a better question - what halachic weight would an NDA have even without duress? However, there definitely would be ways to make it carry weight, for instance if it had a Knas tied to it. As always speak to a Rabbi, and I hate to play devil's advocate but does she really need to talk?


EDIT: And an expert in Gittin would not necssarily be the one to know this, you may need a Dayan or Choshen Mishpat / Shtaros expert.

[Lamdan]

EDIT: And an expert in Gittin would not necssarily be the one to know this, you may need a Dayan or Choshen Mishpat / Shtaros expert.

great point.