I have raised the issue of the usefulness and reliability of Tendler's recently published Mesoras Moshe as a source of knowing Rav Moshe Feinstein's views. Mesores Moshe: What is it? [see also Review of Mesoras Moshe by Rabbi Hoffman] Rabbi Shmuel Fuerst writes in his haskoma to Mesoras Moshe that he went over the material to make sure that there was nothing that contradicted the Igros Moshe [something I found rather strange]. However in spite of Rabbi Fuerst's efforts I found something of importance that seems to be an apparent contradiction that has serious consequences. I would appreciate it if someone can explain why my understanding is incorrect.
The issue is, What type of pressure invalidates a get and produces a get me'usa? In the following teshuva from the Igros Moshe (vol 7), Rav Moshe clearly states that pressure that is done for punishment such as financial pressure, jail or beating is unacceptable. However in contrast pressure caused by a bribe to give a get rather than punishment is acceptable. Similarly a promise of help to get the husband out of jail on an unrelated charge is a legitimate way of motivating the giving of a get - but punishing with jail for not giving a get is not acceptable. Even conditioning the giving of a civil divorce on the giving of a get is acceptable because it is viewed as a benefit that he can choose to forgo.
In sum in the Igros Moshe he says that punishment produces a get me'usa while reward or bribe does not. In apparent contrast in Mesoras Moshe he is alleged to have said, if the husband is tortured to do something he really doesn't want to do by beating or imprisonment in a jail where he will be beaten or killed - then it is invalid as ge me'usa. However all other types of coercion - if he can withstand the pressure and not give a get unless he wants to - then it is not a get me'usa. There are significant differences between these two sources as what type of pressure can be used. According to the Mesoras Moshe it should be permitted to publicly embarrass the husband as ORA is doing. While according to the Igros Moshe it would clearly be wrong. The Igros Moshe is also in accord with the use of harchas of Rabbeinu Tam while the Mesoras Moshe is definitely not.
The translations of both the Igros Moshe and the Mesoras Moshe are mine and can not be used without my written permission.
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Igros Moshe( E.H. 4:106): This that there is an effort being made to pass a law in the state legislature that whenever a Jew becomes divorced in a secular court he is also obligated to give his wife a valid get in beis din – this is definitely a very major accomplishment. Such a law does not constitute an illegal coerced get (get me’usa) because of the involvement of non‑Jews. That is because the husband has the free will not to divorce his wife according to the secular law. It is only because he wants to obtain a secular divorce in order to be exempt from the financial obligations of his wife and that he will be able to legally marry another woman – and the secular government will not give it to him unless he has given a valid get to his first wife. Therefore he is giving the get of his own free‑will. This is exactly equivalent to one who doesn’t want to give his wife a get but when they give him thousands of shekel – suddenly he becomes willing to give it. This is not considered coerced (me’usa) since he has the free will to decide whether desire for the money is more important to him than the desire not to give the get. It is a daily occurrence amongst the Jewish people that a husband is given this choice.
The coercion which invalidates a get is when he is beaten or imprisoned or given some other affliction in order that she be given the get. Such cases are considered that he is being forced to give the get – only then is it in invalid. Similarly even in the case of financial pressure in a case where the government obligates him to pay as a punishment for not giving the get is considered as a get given with financial coercion because he doesn’t want to lose the money. An additional case is if someone takes a large sum of money from the husband and refuses to return it unless he gives a divorce – is also considered to be illegal coercion. [See the Shulchan Aruch E.H. 134.4 in the Rema and Pischei Teshuva (E.H. 134.11)] In contrast if the husband is given money to motivate him to want to give the get – it is obvious that this is not considered coercion and it is a daily occurrence. So this concern for obtaining a benefit is exactly the same thing as giving a get in order to obtain a civil divorce. Even if he is imprisoned for a different matter and the wife has someone who is willing to intervene to obtain his freedom on the condition that he give her a get – this is not considered that he was coerced to give a get. That is because the cause of his suffering was not caused by his not giving a get – but because of an unrelated matter. The giving of the get only provides a remedy for removing the suffering. Therefore a get given to stop suffering from an unrelated matter is considered to be total free-will. This is quite simple and logical. This is a valid get even in a situation where he has no obligation to divorce her. [...]
The coercion which invalidates a get is when he is beaten or imprisoned or given some other affliction in order that she be given the get. Such cases are considered that he is being forced to give the get – only then is it in invalid. Similarly even in the case of financial pressure in a case where the government obligates him to pay as a punishment for not giving the get is considered as a get given with financial coercion because he doesn’t want to lose the money. An additional case is if someone takes a large sum of money from the husband and refuses to return it unless he gives a divorce – is also considered to be illegal coercion. [See the Shulchan Aruch E.H. 134.4 in the Rema and Pischei Teshuva (E.H. 134.11)] In contrast if the husband is given money to motivate him to want to give the get – it is obvious that this is not considered coercion and it is a daily occurrence. So this concern for obtaining a benefit is exactly the same thing as giving a get in order to obtain a civil divorce. Even if he is imprisoned for a different matter and the wife has someone who is willing to intervene to obtain his freedom on the condition that he give her a get – this is not considered that he was coerced to give a get. That is because the cause of his suffering was not caused by his not giving a get – but because of an unrelated matter. The giving of the get only provides a remedy for removing the suffering. Therefore a get given to stop suffering from an unrelated matter is considered to be total free-will. This is quite simple and logical. This is a valid get even in a situation where he has no obligation to divorce her. [...]
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Mesoras Moshe (Even HaEzer #133 page 440): ... Rav Moshe was asked ... Is it permitted to force a disgusting and criminal husband to divorce his wife by beating him as some are accustomed to do. Rav Moshe replied that a get given as the result of a beating is a get me'usa and it is prohibited to do such. However all other types of pressure are permitted to do since the husband has a true choice concerning what he wants. In other words when he can decide that he would rather not lose money or kavod [that is not considered a get me'usa]. In contrast regarding torture even though he doesn't wnat to give a get but it is impossible for them to handle the pain. We see this in the statement of Chazal, "That if Chananya, Mishal and Ezarya were beaten" [Thus torture produces a get me'usa]. [in a footnote it states] ( And he viewed that only a beating given by beis din was legitimate but that which was given by laymen it is not clear that the consideration that a person really wants to listen to the chachomim applies). I then asked Rav Moshe when prison is considered to be torture [and thus would produce an invalid get]. He replied that in Europe there is no question that it would invalidate the get since it was such a horrible place that involved torture and possibly death... However here in America perhaps there are types of jail that are not so horrible [and thus would not invalidate the get]
Then I asked Rav Moshe if the husband was beaten but no one told him that the beating would stop if he agreed to divorce his wife but rather he was simply told "you think you can handle this torture. Perhaps now you understand the torture you have caused your wife by making her an aguna" and then stop the beating. If he gives the divorce after this without mentioning the beating..." Rav Moshe laughed and said that maybe the would be valid under these circumstances since the husband isn't t explicitly giving the get because of the beating it would not be considered a get me'usa. However in terms of actually poskening that way Rav Moshe did not want to take the responsibility for such a psak. He said, "Practically speaking it would be impossible for me to permit such an action."
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