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Week 88 - Sunday - 29 July 2001

GITTIN: CHAPTER 9: MISHNAH 4

Three gets are invalid, but if she marries, the offspring is legitimate: he wrote in his handwriting, and there are no witnesses on it; there are witnesses on it, and there is no date on it; there is a date on it, and there is only one witness on it - these three gets are invalid, but if she marries, the offspring is legitimate. Rabbi Eleazar says, Even if there are no witnesses on it, but he gave it to her in the presence of witnesses - it is valid, and she collects from mortgaged property, for the witnesses only sign the get to safeguard society.

Kehati

The following Three gets are invalid - by Rabbinic law, and the woman is prohibited from marrying ab initio (lekhatehilah) after receiving these gets, but - after the fact (bediavad), if she marries, the offspring is legitimate - the Gemara explains that even Rabbi Meir, who holds that when a person alters the prescribed text (of the get) established by the Sages, the offspring is illegitimate, would agree in this case that the offspring is legitimate, because the above law that the offspring is not invalidated by these gets is part of the standard established by the Sages (Tosafot, Git. 3b). And the following are the types of get:

(1) if he - the husband, wrote - the get - in his handwriting, and - but, there are no witnesses on it -witnesses did not sign it. This mishnah is in accordance with the opinion of Rabbi Meir that the witnesses of the signatures on the get are the ones who effect the get, and his own handwriting "is equivalent to one hundred witnesses," there is no longer any need for the witnesses to testify that the husband wants the get to be written and it was written for him. The Sages, however, prohibited the get ab initlo for fear that they would validate a get without witnesses written by a scribe (and not the husband); or because it is like a get without a date, for since no witnesses have signed it he can write in any date he wishes;

(2) there are witnesses on it, and there is no date on it - the scribe wrote the get without a date and the witnesses signed it; such a get is invalid ab initio since according to Rabbinical ruling the date must be written in the get so that a person should not be able to shield his sister's daughter, who is his wife, and who committed adultery, by predating the get, or because of produce, (see our explanation in mishnah 2:2). This enactment, however, is only ab initio, and if she marries on the basis of this get, the offspring is legitimate;

(3) there is a date on it, and there is only one witness on it - according to one opinion in the Gemara, this refers to a case in which the husband wrote the get in his own handwriting, and the mishnah teaches that even though it is dated and it is signed by one witness, the get is nevertheless invalid, and she may not marry on the basis of this get. According to another opinion, this refers to a case in which a scribe wrote the get, and the mishnah teaches that if she marries on the basis of this get, the offspring is legitimate, because the scribe is regarded as a second witness - these three gets are invalid; but if she marries, the offspring is legitimate - as we explained. The Gemara explains that the number three in the first part of the mishnah is stated in order to exclude an "old get" (see 8:4, above) since a woman who is divorced with an old get is permitted to marry and to exclude a get which was written "in the name of an unworthy government..." (8:5, above), since the offspring of a woman who, even if unconscious of the invalidity of the get, marries on the basis of this get is illegitimate, and the number three in the last part of the mishnah is stated to exclude a get which can be corrected, e.g., a get brought from the land beyond the sea whose bearer did not say, "In my presence it was written, and in my presence it was signed" and which he should take back and give it in the presence of two witnesses and say, "In my presence it was written and in my presence it was signed".

Rabbi Eleazar says, Even if there are no witnesses on it - witnesses did not sign the get, and the husband did not write it in his own handwriting, but he gave it to her in the presence of witnesses - of transfer, it - the get, is valid -and she is permitted to marry (ab initio) on the basis of this get, since the witnesses of transfer are the ones who effect the divorce, and she - the wife, collects - her ketubah, on the basis of this get, even - from mortgaged property - from property which the husband sold for the witnesses only sign the get to safeguard society - in case the witnesses of transfer die, and the husband comes and disputes the get as explained in mishnah 4:3.

GITTIN: CHAPTER 9: MISHNAH 5

If two men sent two identical gets and they were mixed - he must give both of them to this one and both of them to this one. Therefore, if one of them is lost, then the second one is invalid. If five wrote jointly in the get: "This man divorces this woman, and this man, this woman" and the witnesses are below - all of them are valid, and it is given to each one. If a tofes was written for each one, and the witnesses are below - that with which the witnesses are read, is valid.

Kehati

If two men sent two identical gets - two people with identical names whose wives have identical names sent two identical gets to their wives, with one agent, and they - these two gets, were mixed - and it is not known which get was written by whom he - the agent - must give both of them to this one and both of them to this one - so that each woman will be divorced with her get. Therefore, if one of them - one of the two gets, is lost - before the agent delivers them to the women, then the second one is invalid - since we do not know for whom it was written, and he may not give the get to either, and if he gave it to one or both of them, it is a doubtful divorce (Ran).

If five - divorced their wives and - wrote jointly in the get - they wrote a combined text and one date for the five divorces, e.g., "On this day this man divorces this woman and this man, this woman" -and this man divorces this woman and so on in an all-inclusive manner, and the witnesses are - signed - below -all of them are valid, and it is given to each one - i.e., this general get is a valid get, and it must be given to each one of them.

If a tofes - the complete text of the get, was written for each one - to each wife, e.g., "On this day this man (the first husband) divorced this woman," followed by the entire text of the get, and soon for each of them, and the witnesses are below - after the last get, that - get - with which the witnesses are read - i.e., the last one, is valid - but the others are invalid, for they may have witnessed only the last one. If, however, he gave the get to each one before witnesses of transfer (edei mesirah), all of them are divorced, since the law is in accordance with Rabbi Eleazar, who holds that the witnesses of transfer affect the divorce. However, if the get is later brought by one of them without witnesses of transfer, only the wife whose get is written last is divorced (Rambam; Hameiri).

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