Halakhah for Gittin 71:3
והני מילי לדבר הרשות אבל לדבר מצוה יש לו הפרה כי ההוא מקרי דרדקי דאדריה רב אחא על דעת רבים דהוה פשע בינוקי ואהדריה רבינא דלא אישתכח דדייק כוותיה:
WITNESSES SIGN A GET TO PREVENT ABUSES. [Is this rule only] to prevent abuses?<span class="x" onmousemove="('comment',' And so of Rabbinical sanction only. ');"><sup>2</sup></span>
Sefer HaChinukh
And from this foundation - also when he makes his oath depend on the mind of others, it is difficult to annul it. As since he has removed his [own] mind from the thing and made it depend on the mind of others, afterwards the claim of duress or inadvertence is not found with him. And this is what they said (Gittin 36a) that one who swears upon the mind of others does not have annulment. And nonetheless for a matter of a commandment, the Sages agreed to annul [it. This is] because [regarding] everything that a man does, which is something that causes the negation of a commandment or that a commandment is performed by not doing that thing, the heart of any Jew would [want] to negate the private action and do the commandment. And [so] we see [it] as if all of the [others] upon whose minds he swore were with him in front of him [now] and say that if they knew [about] the negation of the commandment [coming from] his oath, their minds would not have agreed with him. And behold, we have a claim of duress and inadvertence. And therefore they, may their memory be blessed, said (Nedarim 16b), "But there is annulment for the matter of a commandment."
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