Halakhah for Makkot 37:6
א"ר אשי נהי דעיכובא ליכא מצוה מי ליכא ולימא מצוה וליפרוך אלא אמר רב אשי כיון דאיכא בכורי הגר דבעי למימר (דברים כו, ג) אשר נשבע [ה'] לאבותינו ולא מצי אמר לא פסיקא ליה
Rav Ashi says, granted that their is no requirement [for recitial], but is there not at least a mitzvah? Let him say the mitzvah and ask [from that]! Rather, Rav Ashi says, Since there is the Bikorim of a proselyte, where since he would need to say (Deutermony 26, 3) "That Hashem swore to our forefather" and is unable to say it, he doesn't mention it as a the proof.
Sefer HaMitzvot
He prohibited one who puts out a bad name [upon his wife] from divorcing [her]. And that is His saying, "he shall not be able to send her away all of his days" (Deuteronomy 22:19). And this negative commandment was also preceded by a positive commandment; and that is His saying, "and to him shall she be as a wife." And the law for him with divorce, concerning lashes, is the same as the law for the rapist, as has been explained at the end of Makkot and in the third and fourth [chapters] of Ketuvot. (See Parashat Ki Tetzeh; Mishneh Torah, Virgin Maiden 3.)
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