Texts
Explore
Community
Donate
Log in
Sign up
Site Language
עברית
English
Dinei HaGet
Family Law
Sources
A
MISHNA:
Anyone is qualified to write a bill of divorce, even a deaf-mute, an imbecile, or a minor.
Additionally,
a woman may write her
own
bill of divorce
and give it to her husband so that he can present it to her.
And a man may write his
own
receipt,
which must be given to him by the woman to confirm that he has paid her the value of her marriage contract. This is because
the ratification of a bill of divorce is only through its signatories,
and it is irrelevant who wrote it…
Gittin 22b:6-23a:10
§
Shmuel says:
If a man
gave
his wife
a blank
piece of
paper and said to her: This is hereby your bill of divorce,
then
she is divorced.
Why?
We are concerned
that
perhaps he wrote it with gall water,
rendering it a valid bill of divorce, and the writing was subsequently absorbed into the paper so that it was no longer visible.
The Gemara raises an objection
based on what was taught in a
baraita
(
Tosefta
8:2): If a husband said to his wife:
This is hereby your bill of divorce…
Gittin 19b:13-20a:4
§ The Gemara relates several rulings concerning the precise terminology to be used in writing a bill of divorce.
Abaye said: This person who writes a bill of divorce should not write
the word meaning:
And this,
by spelling it
vav
,
dalet
,
yod
,
nun
,
as
that can be misread as having the vowel of a
ḥirik
under the letter
dalet
, not a
tzeire
. Read with a
ḥirik
, it
indicates: And
there is
a law
that we should get divorced…
Gittin 85b:10-16
MISHNA:
With regard to a case of
two
men
who sent
their wives
two identical bills of divorce
with an agent, as both their names and their wives’ names are identical,
and
the two bills of divorce
were mixed up,
the agent
should hand both
bills of divorce
to this
wife
and both
of them
to that
wife, so that each wife definitely receives her bill of divorce, although it is unclear which one is hers.
Therefore,
if
one of
the bills of divorce
was lost
before it was given to both women…
Gittin 86b:29-87b:12
Rava says
that
Rav Naḥman says:
It follows that if one
said to two
people:
Go and betroth the woman for me, the very same
people who are
his agents
for the betrothal
are his witnesses. And a similar
halakha
is true
with regard to divorce:
If a man sent a bill of divorce to his wife with two people, they serve both as agents of delivery and as witnesses to the divorce.
Kiddushin 43a:18
And Shmuel said
his ruling
in accordance with
the opinion of
Rabbi Elazar, who said
that
witnesses of the transmission effect
the transaction, i.e., the act of transferring the legal document to the beneficiary causes the transaction to take effect. Therefore, the fact that the two documents bear the same date is of no consequence because the documents were presumably not given to their beneficiaries simultaneously, and the property belongs exclusively to the individual who received his document first. Consequently, there is no reason to divide the property.
Ketubot 94b:1
§ The Gemara returns to its discussion of the
halakhot
mentioned in the mishna. The mishna teaches: If
he said: Write a bill of divorce for my wife,
when he was lucid,
and was
then
afflicted with
temporary
insanity and he retracted
his previous statement
and said: Do not write it, his latter statement
is considered to be
nothing,
i.e., it is not halakhically valid. The Gemara comments on this that
Rabbi Shimon ben Lakish says:
In that case the court
writes and gives the bill of divorce immediately,
because even though he is insane…
Gittin 70b:3-9
Rava explains:
This matter applies
only
with regard to Shabbat. But with regard to a bill of divorce,
if it fell onto another roof that is adjacent to the roof that he lent her for the purpose of acquiring the bill of divorce, she is divorced. The reason that a woman is usually not divorced when a bill of divorce falls into a different place, even though that place also belongs to her husband, is
due to
the fact that a husband
is particular
and does not want to lend her more than one place;
but people are not particular to that extent,
i.e…
Gittin 79b:2-80a:3
Rav Naḥman objects to this
ruling of Rabba.
Does
the husband
say to them: Write
it
and place it in your pockets?
He instructed them to write the document and divorce her with it. They did not perform their agency by merely writing a valid bill of divorce.
Rather, Rav Naḥman said:
In every case of this type, the witnesses
write
a bill of divorce
and give
it to the wife
even one hundred times.
Rava raised a dilemma before Rav Naḥman:
In a case where the husband said to witnesses:
Write
a bill of divorce
and give
it
to…
Gittin 63b:20-23
Rather,
the Gemara retracts the previous answer and states:
Actually,
the mishna
is
in accordance with the opinion of
Rabbi Elazar, and when does Rabbi Elazar not require
that the
signing
must be for her sake?
Where there are no witnesses at all
on the bill of divorce. However,
where there are witnesses, he does require
that all their signatures must be for her sake. The proof for this is
that Rabbi Abba says: Rabbi Elazar concedes with regard to
a document whose
falsification is inherent in it,
i.e…
Gittin 4a:2
MISHNA:
Three bills of divorce are invalid
ab initio
,
but if
the woman
marries
another man on the basis of one of these bills of divorce the lineage of
the offspring
from this marriage
is unflawed.
In other words, she is not considered to be a married woman who engaged in sexual intercourse with another man, which would impair the lineage of their child. These three bills are: A bill of divorce that the husband
wrote in his handwriting but has no
signatures of
witnesses on
the document at all…
Gittin 86a:4-86b:1
A woman may be divorced only by receiving a bill [of divorce]. This bill is called a
get
.
The Torah establishes ten principles as fundamental [for a divorce to be effective]. They are:
a) That a man must voluntarily initiate the divorce;
b) That he must effect the divorce by means of a written document and through no other means;
c) That this document must communicate that he is divorcing [his wife] and releasing her from his domain;
d) That it should utterly sever the connection between the husband and his wife…
Mishneh Torah, Divorce 1-5
And the other
Sage, Rabbi Oshaya, holds that
if
you derive matters in this way, you should say that
just as her
actual
hand is attached
to her,
so too, her courtyard
can acquire a bill of divorce only
when
it is
attached
to her, which cannot be.
Rather,
the comparison is as follows: Her courtyard is
like her
actual
hand,
and
just as her hand is secured with her knowledge, so too,
only
her courtyard that is consciously secured by her
can acquire a bill of divorce for her…
Gittin 77b:15-78b:8
Rav Ashi said: Come
and
hear:
If a man
changed his name, or
his wife’s
name,
or
the name of his city, or the name of her city,
and she remarried, she must
leave
both
this one and that one, and all these matters
apply
to her. But why? Let us say: What could she have done.
The Gemara answers: Once again,
she should have had the bill of divorce read
by a scholar.
Yevamot 91b:9
MISHNA:
In the case of
one who was afflicted with
temporary
insanity [
kordeyakos
] and said: Write a bill of divorce for my wife, he said nothing,
because he was not lucid at the time. If
he said: Write a bill of divorce for my wife,
when he was lucid,
and was
then
afflicted with
temporary
insanity and he retracted
his previous statement
and said: Do not write it, his latter statement
is considered to be
nothing,
i.e., it is not halakhically valid…
Gittin 67b:9-10
Rav Shimi said to Rav Pappa: But
what about the case of
a bill of divorce, where another mind,
the husband,
transfers its ownership
to the wife,
and
nevertheless
Ulla says
with regard to one who threw a bill of divorce into his wife’s house or courtyard:
But it is
a valid divorce only if
she is standing next to her house or next to her courtyard?
Rav Pappa responded:
A bill of divorce is different, as it is
possible to give it to one’s wife even
against her will.
…
Bava Metzia 11b:9-12a:1
And if you wish, say
a different answer:
We also have found
that
agency for receipt
can be effective
against her will.
How so?
As
the
halakha
is that
a father can receive a bill of divorce for his minor daughter against her will.
The
halakhot
of agency are therefore consistent with the
halakhot
with regard to her hand, and Abaye’s objection stands. § The mishna taught that a bill of divorce may be written
on an olive leaf,
on the horn of a cow, or on the hand of a slave…
Gittin 21a:13-22a:1
§ The mishna states that an agent has the power to effect betrothal. The Gemara asks:
From where do we
derive that there is halakhic
agency?
The Gemara answers:
As it is taught
in a
baraita
: The Torah states with regard to one who divorces his wife: “That he writes her a bill of divorce, and gives it in her hand, and sends her [
veshilleḥah
] out of his house” (Deuteronomy 24:1). The verse employs the verb:
And he sends [
veshillaḥ
].
The fact that the verse employs the term
veshillaḥ
, as opposed to another verb denoting divorce…
Kiddushin 41a:9-10
And similarly, Rav Asi says:
Reception of
any
of the bills of divorce mentioned in the mishna
does not disqualify
the woman from marrying a priest
except
in
the final
case.
But Rabbi Yoḥanan says: Even
in
the final
case, that bill of divorce
does not disqualify
her from marrying a priest
as well,
as even that bill of divorce is not a bill of divorce at all. According to Rabbi Yoḥanan, there is no concern that retroactive clarification will determine that the bill of divorce was written for the sake of the woman who received it…
Gittin 25a:3
§ The mishna teaches that
the husband gives
the scribe’s
wages
for writing a bill of divorce. The Gemara asks:
What is the reason
for this? The Gemara answers:
As the verse states:
“When a man takes a wife and marries her, and it comes to pass, if she finds no favor in his eyes, because he has found some unseemly matter in her,
he shall write
her a scroll of severance
and give
it in her hand” (Deuteronomy 24:1). It is therefore the husband’s responsibility to have the bill of divorce written…
Bava Batra 168a:4
Related
ראו גם
Get
Sheets
דפי מקורות
Related Sheets
We use cookies to give you the best experience possible on our site. Click OK to continue using Sefaria.
Learn More
.
OK
אנחנו משתמשים ב"עוגיות" כדי לתת למשתמשים את חוויית השימוש הטובה ביותר.
קראו עוד בנושא
לחצו כאן לאישור