Talmud Tuesdays - Session 129

(8) There are certain relationships for which there is a prohibition resulting from a positive commandment [issurei aseh], but they are not prohibited by a negative commandment. There are three such prohibitions: the first and second generations of Egyptian or Edomite converts, both men and women [to all native-born Jews and Jewish women], and a woman who is not a virgin to a High Priest.
In these instances, there are no verses that state "He shall not enter [the congregation of God]..." or "he may not take...." The prohibition [against the marriage of the Edomite and Egyptian converts] is instead derived [from Deuteronomy 23:9], which states that "in the third generation they may enter the congregation of God." This implies that the first and second generations may not enter [this marriage group].
Similarly, from [the positive commandment, Leviticus 21:13]: "He [the High Priest] shall marry a virgin," we can derive that he is forbidden to marry a woman who is not a virgin. A prohibition that is derived from a positive commandment has the status of a positive commandment.

(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;
e) That [the get] should be written for the sake [of the woman being divorced];
f) That once [the get] is written, there should be no action [necessary] except its transfer to the woman;
g) That he should actually transfer [the get] to her;
h) That he should transfer [the get] to her in the presence of witnesses;
i) That he should actually transfer it to her for the sake of divorce;
j) That the husband or his agent should be the one who gives it to her.
The other requirements of a get - e.g., dating it, having it signed by witnesses and the like - are all Rabbinic institutions.

(2) What are the sources that indicate that these ten requirements stem from Scripture itself? [They are derived from Deuteronomy 24:1, which] states: "And if it comes to pass that she does not find favor in his eyes, and he will write a bill of divorce for her, place it in her hand and send her from his home."
"If... she does not find favor in his eyes" - this indicates that he divorces her only on his own initiative. If a woman is divorced against her husband's will, the divorce is invalid. A woman may, however, be divorced either voluntarily or against her will.

(3) "And he will write" - this teaches that a woman can be divorced only by means of a written document.
"For her" - that it should be written for her sake.
"A bill of divorce" - i.e., a deed that severs the relationship between [the husband and his wife], without leaving him any jurisdiction over her. If [the relationship] between them is not entirely severed, the divorce is not effective, as will be explained.
"He will... place it in her hand" - this teaches that she is not divorced until the bill of divorce is placed in her hand, in the hand of her agent - which is considered to be her hand - or in her domain - which is considered to be her hand - as will be explained.
"And he will... send her" - [the wording of] the get should indicate that he is sending her away and not that he is sending himself away from her.

(4) What is implied? If he writes to her: "Behold you are sent away," "Behold you are divorced," "You are [now] independent," "You are now permitted [to marry] any man," or the like, the divorce is effective. The essence [of the text] of a get is the statement: "You are now permitted to [marry] any man."
If, by contrast, he writes to her: "I am no longer your husband," "I am no longer the one who consecrates you," or "I am no longer your man," the divorce is not effective. For "and he will... send her" implies that he should not send himself away from her.
Similarly, if a man writes to his wife: "Behold you are free," the divorce is not effective.

(5) The Torah's expression, "And he will... send her from his home," does not mean that the divorce does not become effective until she leaves his home. Instead, the divorce becomes effective when the get reaches [a woman's] hand, even though she still is in her husband's home, as will be explained. "And he will... send her" teaches that if he divorces her, but does not send her away from his home, it is as if he divorced her and then remarried [her]. Therefore, she requires another get, as will be explained.

(6) What is the source that teaches that once [the get] is written, there should be no action [necessary] except its transfer? The [sequence of the verbs] "And he will write..., [and] place," indicating that a get is acceptable only when [the only things] lacking are writing and transfer. This excludes an article that must be detached after it has been written.
Therefore, if a man writes a get on the horn of a cow, he must give [his wife] the cow [for the divorce to be effective]. If he cut off the horn after he wrote [the get] on it, it is not effective. Similarly, if he wrote [a get] on a plant that was still attached to its source of nurture, the divorce is not effective. [This applies] even if the witnesses signed after it was detached.

(7) We may not even write the standard text of [a get] on an article that is attached to its source of nurture.
If [a scribe] writes the standard text of [a get] on an article that is attached to its source of nurture, and detaches it and afterwards writes the names of the husband and the wife, the date and the words, "Behold, you are permitted [to marry] any man," and the witnesses signed and it was given to her, it is acceptable.

(8) If the husband writes the get on a leaf growing in a flowerpot with a hole at the bottom, the get is unacceptable, even if he gives her the entire flowerpot. [This is] a decree, [lest] one detach [the leaf]. He may, however, write [the get] on the pottery of the flowerpot and give it to her.

(9) What is the source that teaches that [the get] must be given to her for the sake of divorce? It is written: "... a bill of divorce for her, place it in her hand," [implying that] he must place [it in her hand] for the sake of divorce. If, however, he gave it to her as a promissory note or as a mezuzah, or he placed it in her hand while she was sleeping, and she awoke and [discovered] it in her hand, the get is void. If, however, he told her afterwards, "Behold this is your get, the divorce is effective.

(10) [The above principle must be clarified in the context of the following law.] A man tells witnesses, "See the get I am giving her," and then he tells [his wife]: "Take this promissory note," [the get] is effective. For he has told the witnesses that he was giving it to her for the sake of divorce. He told her that it was a promissory note only because he was embarrassed [to face] her.

(11) At the time he gives the get, [a man who] divorces [his wife] must tell her: "Behold, your get," or "This is your get," or the like. If he places the get in her hand without saying anything, the get is not acceptable.
When does the above apply? When the husband was not speaking to her about divorce [immediately beforehand]. If, however, he had been speaking to her about divorce [at the time], and he takes the get and places it in her hand without saying anything, the divorce is acceptable.

(12) [The following rules apply when] a get has been placed on the ground, and [the husband] tells [his wife], "Pick your get up from the ground," or it was tied to his hand or to his thigh, and she takes it from him. Even if after it reaches her possession, he tells her, "Behold this is your get," it is void.
[The rationale is] that it is written: "And he will... place it in her hand," [implying] that she may not take it on her own accord. And [in these instances,] neither [the husband] nor his agent gave it to her.
If, however, he bends his body toward her, or tilts his hand until she takes the get from him and says, "Behold this is your get," the get is [effective].

(13) What is the source that teaches that [a get] must be given in the presence of witnesses? [Deuteronomy 19:15] states: "According to the words of two witnesses or those of three witnesses will the matter be established."
It is impossible that on one day a woman will be considered to be forbidden and sexual relations with her punishable by execution, and on the next day she should be permitted [to any man] unless [the divorce is observed by] witnesses.
Therefore, if [a husband] gives [his wife] a get in private, or even if the exchange is observed by one witness, the divorce is utterly void.

(14) When does the above apply? When the get is written by a scribe. When, however, the husband writes the get himself, one witness signs it, and [the husband] gives it to her, the get is unacceptable [only by Rabbinic decree,] {and the woman is forbidden to marry a priest}.

(15) It is an ordinance [enacted] by our Sages that witnesses should sign a get, lest a [husband] give [his wife] a get in the presence of two [witnesses], and they die. [In such an instance,] the get she possesses is no more than a shard, for there are no witnesses [to testify to its authenticity]. [To prevent such a situation, our Sages] ordained that the testimony [regarding the authenticity of the get should be contained] within it.
Although witnesses [have signed] within, [the husband] must give [the get] to [his wife] in the presence of two [witnesses] - whether the same witnesses who signed it or two others. For in essence, divorce is established by virtue of the witnesses [who observe] the transfer [of the get].

(16) When two witnesses sign [the get], and [the husband] transgresses and gives [the get] to [his wife] in private, or if it is discovered that the witnesses [who observed] the transfer [of the get] were unsuitable, the divorce is effected. For the witnesses [who signed the get] are acceptable, and the get exists in the woman's possession. Some of the geonim have ruled that [the get] is unacceptable.

(17) If the witnesses [who signed the get] are unsuitable - or even if one was unsuitable and one was acceptable - and [the husband] gave it to her in the presence of two acceptable witnesses, [the get] is unacceptable. It is as if it were a forgery.

(18) If the witnesses signed [the get at a position] more than two lines away from the text [of the get], it is unacceptable.
How far may the witnesses sign away from the text? Less than two lines, so that their [names] will be read together with [the text].
When does the [disqualification] mentioned above apply? When the get is in the woman's possession, and there are no witnesses [who observed its] transfer. If, however, [the husband] gave [his wife the get] in the presence of witnesses, [the get] is acceptable even if the witnesses'[signatures] are far removed from the text. [Moreover, this ruling applies] even when there were not any witnesses who signed [the get]. For in essence, divorce is effected by virtue of the witnesses [who observe] the transfer [of the get].

(19) It is required to read the get [aloud] in the presence of the witnesses who observe its transfer. Afterwards, it should be given to her. If it was given to her in their presence first, it should be taken from her and read [aloud] after it was given to her.
[The following rule applies when the witnesses] read [the get] while it is the possession of the husband or his agent, and they return it to him. If he encloses it within his hand, [obscuring it from the witnesses' view] and then gives it to her, they should read it again.

(20) [In the latter instance,] if they did not read it, and it is taken and thrown into the sea or into a fire, the divorce is effective. Since [the witnesses] read it first, we do not suspect that it was exchanged [for another document]. Moreover, even if the husband said, "It was another document [that I gave her] and not the get that you read," his word is not accepted and the divorce is effective.

(21) [If, however,] they did not read the get beforehand, the husband gives it to [his wife] in their presence, and then it is thrown into a fire or into the sea, the status of the divorce is doubtful. [This applies] even if the husband says that it was an acceptable get.

(22) If he threw the get into [the woman's] courtyard, among barrels in the presence of witnesses, and when they looked for it they found a mezuzah or another document, we do not suspect that she [has been divorced]. [We assume that] the article that was found was the one that was thrown.
If two or three mezuzot or documents were discovered there, and we suspect that perhaps he threw a get and it was dragged away by mice, the status of the woman's divorce is in doubt.

(23) The witnesses who sign the get must know how to read and sign [their names]. If they do not know how to read, we read [the get] in their presence, and they sign, provided they understand the wording of the get.
If they do not know how to sign [their names], we write out their signatures for them on the paper with spittle or with other substances that will not leave a permanent mark, and they sign [their names] over these markings.
This practice is not followed with regard to other legal documents. It is a leniency adopted with regard to bills of divorce, so that Jewish women will not be forced to live without a marriage partner. [This leniency is granted] because the signature of witnesses on a bill of divorce is a Rabbinic institution, as we have explained.

(24) Although the signature of witnesses on a bill of divorce is a Rabbinic institution, our Sages ordained that the witnesses state their names in the get.
Similarly, they ordained that the witnesses to the get must sign in the presence of each other. If either signed without the other, [the get] is unacceptable.
Similarly, our Sages ordained that the date of a get and the place where it was written be recorded [within it], as is required with regard to other legal documents. [This was required] lest one's wife also be one's relative and she commit adultery. [Because of the husband's feelings for his wife,] he [might conceivably] write her a get after she had committed adultery and give it to her. If the get was not dated, she could say: "I was divorced before I committed adultery." [To prevent this from happening, our Sages] ordained that gittin be dated.

(25) In all the following instances, [the get] is unacceptable: a) a get signed by witnesses that is not dated, b) one that is predated, or postdated, c) one that was written during the day and signed on the following night; this applies even if they remained involved with the matter [of the divorce until the get was signed], d) the get was written in Jerusalem and [the scribe] erred and wrote [that it was written] in Lod.
[For a get to be acceptable,] it is necessary that it be signed at the time it was written and in the place where it was written.

(26) A get is acceptable if [the husband] cut off [the portion of the get that contained] the date and gave it to her, or did not write the date, merely [the week - i.e.,] the first or the second week of a given month, or he specified merely the month or [merely] the year without mentioning the month, or even if he specified merely the seven-year cycle [in which the get was composed].
Similarly, a get is acceptable if [the husband] writes within it: "Today I divorced her." This implies the day on which the get was released.

(27) Similarly, [our Sages] ordained that the year of the ruling kingdom of that time should be mentioned in a get to gain the favor of the ruling authorities.
[The following rules apply if] a person writes a get and dated it according to the years of a kingdom other [than that of his locale] or according to the years beginning from the Temple's construction or destruction. If it is customary for people in that locale to date [their documents] in this manner, it is acceptable. If this is not the local custom, it is unacceptable.
It has already become the universal Jewish custom to date gittin from the time of creation, or from the crowning of Alexander the Great, which is [the accepted means of dating] for legal documents. If one dates [a get] according to the years of a contemporary kingdom, it is acceptable only in the country over which that kingdom rules.

(28) [The following rules apply when] a person tells two [colleagues]: "Write a get for my wife, sign it and give it to her," and the matter was delayed several days or years, or the get was [discovered to contain an imperfection causing it] to be [considered] void, and it was necessary to write a new get that was acceptable, as will be explained. In such an instance, the date and the place when and where the get was written are recorded, and not the date and place when and where the husband told them to compose the get.
What is implied? If the husband told them [to write the get] in Jerusalem, in [the month of] Tishrei, and [the agents] delayed and did not write it until Nisan, at which time they were located in Lod, the get should be dated in Nisan, and Lod [should be recorded as its place], for this is where the get was written. [This is also the practice] with regard to other legal documents.