Torah Community Connections

Week 86 - Tuesday - 17 July 2001

GITTIN: CHAPTER 6: MISHNAH 6

If one was cast into a pit and said that whoever heard his voice should write a get for his wife - then they should write and give. If a healthy person said, "Write a get for my wife" - he wanted to make fun of her. It once happened that a healthy person said, "Write a get for my wife," and he climbed on the roof, fell and died - Rabban Shimon ben Gamliel said, The Sages said, "If he fell down by himself, then this is a get. If the wind pushed him, it is not a get."

Kehati

Our mishnah continues to discuss cases in which a person says, "Write a get for my wife."

If one was cast into a pit and said - shouted, from inside the pit, that whoever heard his voice should write a get for his wife - even though he did not say "and give," (it to her) then they - who hear his voice, should write - a get, and give - it to his wife. The Gemara explains that even though they do not know him, but he specified his name and his wife's name, the name of his city and the name of his wife's city (Rashi), they may write and give a get to his wife, because he is in a situation which may result in his death. Rambam writes, "Even though they extricated him and they did not know him, the get is valid, for this is a case of a time of danger, when they write and give a get even though they do not know him" (Hil. Gerushin 2:13).

If a healthy person said, "Write a get for my wife" - and did not say, "give" he wanted to make fun of her - and he did not mean them to give her a get. The Gemara here explains that the mishnah is defective and should read as follows: "and if the end proves the beginning," i.e., if his later actions show that he really wanted them to give the get (in the beginning) "then this is a get," and - it once happened that a healthy person said, "Write a get for my wife" - and he did not say, "and give," (it to her) and he climbed on the roof - after they wrote the get and gave it to his wife, fell - from the roof, and died - he was killed, Rabban Shimon ben Gamliel said, The Sages said, "If he fell down by himself - if he threw himself off the roof, purposely, then this is a - valid - get - since "the end proves the beginning," that when he said, "Write a get for my wife," he was disturbed because of his intended suicide, and certainly meant to say that they should also give her the get, but forgot because of his agitated state of mind as in the case of one who is led out in chains, or about to sail or travel in a convoy which was taught in the preceding mishnah. But - if the wind pushed him - and he fell from the roof accidentally it is not a get" - because when he said, "Write a get for my wife," he was a healthy person, and since he did not say, "and give it to her," he did not intend them to give her a get, as was taught above, and she is a widow and not a divorced woman.

GITTIN: CHAPTER 6: MISHNAH 7

If one said to two, "Give a get to my wife," or to three, "Write a get and give it to my wife" - then these write and give. If he said to three, "Give a get to my wife," then they tell others to write, because he turned them into a Court; so Rabbi Meir. And this halakhah Rabbi Hanina of Ono brought up from the prison: I have a tradition that if a person says to three: "Give a get to my wife," they may tell others to write, because he turned them into a Court. Rabbi Yose said, We said to the messenger: We also have a tradition, that even if he said to the Great Court in Jerusalem, "Give a get to my wife" - they must learn and write and give. If he said to ten, "Write a get for my wife" - one writes and two sign; "All of you write" - one writes and all of them sign. Therefore, if one of them dies, the get is invalid.

Kehati

Having learned in the previous mishnah that when a husband says, "write a get for my wife," he does not intend the get to be given to his wife if he does not say, "Write and give" (except for one who is led out in chains, goes on a voyage, etc.), our mishnah teaches that when the husband tells two people, "Give a get to my wife," it is as if he said "write a get and give it to my wife," and they themselves must write and sign the get, i.e., one of them writes it, both sign it, and one of them gives it. They may not tell others to write and sign it because an agent may not pass on his task to another agent. This law also applies to three people, instructed by the husband to "write a get and give it to my wife," - they must write, sign, and give it themselves, i.e., one writes, two sign and one gives. If, however, the husband only tells the three people, "Give a get to my wife," and does not say "write and give," Rabbi Meir and Rabbi Yose disagree in our mishnah: Rabbi Meir holds that since they are three people, he turned them into a Court, and they may tell others to write; according to Rabbi Yose, they may not pass on their commission, but they themselves must write and sign.

If one - the husband, said to two, "Give a get to my wife" - even though he did not say to them, "Write and give," or - he said - to three, "Write a get and give it to my wife" - since he said to them explicitly, "Write, "then these write and give - they themselves must write and sign, and they may not tell a scribe to write and witnesses to sign, because the husband appointed them his agents and his witnesses, and in such a case an agent may not appoint another agent, as explained above.

If - however - he said to three, "Give a get to my wife" - since he did not say to them, "Write and give," then they - are permitted to - tell others to write - and sign, and give, because he turned them into a Court - i.e., he did not appoint them as his agents and witnesses, but rather made them act as a Court to deal with the matter of the get; they therefore may pass on the husband's request to others; so Rabbi Meir. And this halakhah Rabbi Hanina of Ono brought up from the prison - in the name of Rabbi Akiva, who was incarcerated (Rashi): I have a tradition that if a person says to three: "Give a get to my wife," that they may tell others to write, because he turned them into a Court - this supports Rabbi Meir's view (above). Rabbi Yose said, We said - to the messenger - to Rabbi Hanina, who was the messenger transmitting this halakhah: We also have a tradition, that even if he said to the Great Court in Jerusalem, "Give a get to my wife" - they may not tell others to write, and if they are not skilled in the writing of a get, if it is a new Court which is not yet proficient in writing (Hameiri), they must learn - to write a get - and write and give - it, since they themselves must carry out the husband's instructions, and may not pass on the task to others.

If he - the husband, said to ten, "Write a get for my wife" - and he did not say to them, "All of you write," one - of them, writes - the get and two sign - as usual on a get; but if he said, "All of you write" - one writes and all of them sign - for this was his intention. Therefore, if one of them dies - before he could sign the get, then the get is invalid - for a get which is not done in accordance with the instructions of the husband is invalid.

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