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Week 88 - Tuesday - 31 July 2001

GITTIN: CHAPTER 9: MISHNAH 8

A get that was written in Hebrew and its witnesses Greek, Greek and its witnesses Hebrew, one Hebrew witness and one Greek witness, the scribe wrote and a witness - it is valid. "So and so, witness" - it is valid. "The son of so-and-so, witness" - it is valid. "So-and-so, the son of so-and-so," and he did not write "witness" - it is valid. And thus did the perspicuous men in Jerusalem do. If he wrote his hanikhah and her hanikhah - it is valid. A forced get -with Israelites, it is valid, and with non-Jews, it is invalid. And if with non-Jews they beat him and say to him, "Do what the Israelites tell you," and it is valid.

Kehati

The first part of our mishnah continues to discuss the laws of signatures on the get, and the second part of the mishnah deals with the laws of a get which the Court forces the husband to give to his wife when he is by law obligated to divorce her but does not want to do so. He is then forced until he says, "I am willing," writes a get and gives it to his wife. Notwithstanding the principle that the husband must divorce his wife of his own free will, in a case such as this in which the Court forces him until he says, "I am willing," the get is valid.

A get that was written in Hebrew and its witnesses - signed it in - Greek, or if he wrote it in Greek and its witnesses - signed it in - Hebrew, or one Hebrew witness - one witness signed in Hebrew, and one Greek witness - one witness signed in Greek, or the scribe wrote and a witness - i.e., the scribe who wrote it also signed as a witness, together with another witness - in all these cases - it - the get, is valid - in the case of "the scribe wrote and a witness," the Gemara explains that although there is reason to fear that the husband did not tell the scribe to sign, but rather said to two people, "Tell the scribe to write, and the witnesses so-and-so and so-and-so to sign," and they had the scribe sign so as not to shame him, we nevertheless do not fear such a possibility, for we presume that the scribe would not sign unless the husband told him to do so.

If the witness wrote, "So and so, witness" - e.g., "Reuben, witness," and he did not add his father's name, it - the get, is valid. And similarly, if the witness wrote - "The son of so-and-so, witness" -e.g., "the son of Jacob, witness," and he did not write his name, (i.e., Reuben) it - the get, is valid. And similarly, if he wrote, "So-and-so, the son of so-and-so" and he did not write "witness" - e.g., he signed, "Reuben, son of Jacob," and he did not add the word "witness," it - the get, is valid. And thus did the perspicuous men - of clear mind and who used concise language, in Jerusalem do - they used to sign their name and the name of their father, and did not add the word "witness."

If he - the scribe, wrote in the get - his - hanikhah - and her - hanikhah - the nicknames of the husband and the wife, but not their proper names; according to another interpretation, he wrote their family names, and not their fathers' names (Hameiri), it - the get, is valid. A forced get - which the husband is forced to give as explained above, with Israelites - If an Israelite Court forced the husband to give a get to his wife in accordance with the law, i.e., he was obligated to divorce her but did not want to do so, and the Court forced him until he said, "I am willing," and he gave a get to his wife, it - the get, is valid -

However, if he was forced unlawfully, i.e., he was not required by law to divorce his wife, but he was nevertheless forced by Israelites to divorce her, and even if the Court erroneously forced him to do this, (Rambam; Hameiri), the get is invalid, and she may not marry on the basis of this get. However, she is forbidden by Rabbinic ruling to marry a priest, for fear that a lawfully forced divorce will also not be regarded as disqualifying the woman from marrying a priest.

And with non-Jews - if non-Jews force him to give a get, even if it was justified, it - the get, is invalid. But she is forbidden by Rabbinic law to marry a priest, as explained. And if with non-Jews they beat him and say to him, "Do what the Israelites tell you" - i.e., if the husband is required by law to give a get to his wife, but the Israelite Court does not have the authority to force him to do so, the Court may tell the non-Jewish authorities to force the husband to give a get to his wife, and if the non-Jews beat him and tell him to do what the Israelite Court ordered until he is willing to give the get, and it - the get, is valid - for in such a case the non-Jewish authorities are as the stick and the rod of the Israelite Court, and are the agents of the Court, and it is immaterial whether the enforcing agent is an Israelite or a non- Jew (Ran).

Rambam writes, in reference to the "forced get": "Since it is forced, why is this get not void...? For 'forced' means to be pressured to do something which he is not obligated to do by Torah law, e.g., someone who was beaten until he sold (his land) or until he gave (money). But someone who followed his base instinct to transgress a positive or negative commandment and he was beaten until he changed his mind, this is not considered "being forced," by others; rather, he let himself be forced by his evil instinct. Therefore one who does not want to divorce, since he wants to be one of Israel, and wants to observe all the commandments and distance himself from transgressions, but his evil instinct misled him, and the beating weakened it, and he said, 'I am willing,' has divorced willingly". (Hil. Gerushin 2:20)

GITTIN: CHAPTER 9: MISHNAH 9

If a report went forth in the city: "Betrothed," she is betrothed; "Divorced," then she is divorced. Provided that there is no qualification there. What is a qualification? "So-and-so divorced his wife conditionally," "He threw her her kiddushin, but it is doubtful whether it landed closer to her, or closer to him" - this is a qualification.

Kehati

Our mishnah teaches about a woman who was rumored to be betrothed, and afterwards it was rumored that she was divorced.

If a report went forth in the city - about an unmarried woman that she was - "Betrothed" - to a certain person - then she is betrothed - because of doubt, (i.e., the report may be true) and she is forbidden to marry another man without a get. The Gemara explains that this refers to a case in which it was not merely rumored, but rather that there are reports attesting to it, e.g., that people saw candles lit and beds made up, and women celebrating with her who said to one another, "This woman was betrothed today to this man" (Git. 89a).

"Divorced" - the Gemara explains that a report went out concerning the woman who was rumored to be "betrothed," that she was now divorced, then she is divorced - and is permitted to marry any man, for this is an instance of "a report and its own neutralization" - and since she was only forbidden to other men by force of the report of her betrothal, the report of her divorce frees her, provided that there is no qualification there - the report is not accompanied by any fact that would weaken its credibility. What is a qualification? - which is capable of canceling the report? Regarding divorce - if there was a report: "So-and-so divorced his wife conditionally" - and the condition might not have been fulfilled; and regarding betrothal - there was a report: "He threw to her her kiddushin, but it is doubtful whether it landed closer to her or closer to him" - and in this case the report was not valid enough to cause her to be regarded as betrothed, this is a qualification which cancels the report, and the woman retains the status which she had before the report went forth.

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