More Discussions for this daf
1. The two people who bring the Get 2. Eidim 3. befanai nichtav befanai nichtam
4. Gevulos of Eretz Yisrael 5. Beis Din Appointed Sofrim To Write Gitin 6. Rov Beki'in
7. 12 Lines in a Get 8. Get of Kliva 9. Certifying signatures on a Get
10. Is divorce a Mitzvah? 11. First Mishnah 12. Ed Echad Ne'eman
13. Rashi vs. Tosfos "she'Ein Beki'in" 14. כל הכתמים הבאים מרקם
DAF DISCUSSIONS - GITIN 2

Elise Edelson Katch asked:

I have read that Rashi said that "divorce is a mitzvah" but I believe this to be a false interpretation. I believe that what Rashi said about divorce in relation to "mitzvah" was that obtaining or going through a "get" was a "mitzvah" not that divorce itself is a mitzvah. Can you help me and tell me where I can find or what it was exactly that Rashi said in relation to divorce.

Thank you very much.

Elise Edelson Katch, Denver, Colorado U.S.A.

The Kollel replies:

Whoever mentioned this to you might have been referring to the words of the Rashbam (Rashi's grandson) in Bava Basra 48a DH Dilma. The Rashbam, however, is referring to a Gemara in Kidushin 50a which addresses a situation in which the Rabanan find it necessary to force the husband to divorce his wife against his will. It suffices to whip him until he says "OK, I want to do it." Even though that does not reflect true will, nevertheless it suffices since he certainly wants (deep down) to perform a Mitzvah "it is a Mitzvah to do what the Chachamim tell one to do," and the Chachamim told him, in this case, that he must divorce his wife.

The Rambam (Sefer ha'Mitzvos, Mitzvas Aseh #222) does count "divorcing one's wife" as one of the Mitzvos. However, he means something along the lines that you mentioned; the Mitzvah describes the process that is necessary to effect a divorce. (The Rambam also counts "the laws of monetary transactions" as an individual Mitzvah (Sefer ha'Mitzvos, Mitzvas Aseh #245).

M. Kornfeld

Kollel Iyun Hadaf