Gittin, Daf Bet, Part 4

 

Introduction

We now begin with the Talmud on the first mishnah, which explains why those who bring a get from abroad must recite, It was written in my presence and signed in my presence.

 

גְּמָ׳ מַאי טַעְמָא רַבָּה אָמַר לְפִי שֶׁאֵין בְּקִיאִין לִשְׁמָהּ

רָבָא אָמַר לְפִי שֶׁאֵין עֵדִים מְצוּיִין לְקַיְּימוֹ

 

Gemara: What is the reason? Rabbah said: Because they are not experts in the necessity of the get to be for her sake.

Rava said: For the witnesses are not there to uphold it.

 

According to Rabbah, those who bring the get must make this declaration as an assurance that the get was written with the proper intent. Later in the tractate we will learn that the get must be written with this particular woman in mind. It cannot be a generic get. Since one cannot tell whether a get was written with the correct intention, this declaration assures that it was. But this is true only with a get written abroad. Inside Israel, those who write gets know the laws better.

Rava offers a different reason those who bring the get and testify to its validity allow it to be immediately upheld, without the necessity of calling back witnesses who may not be accessible. Thus this declaration allows for the immediate certification of the get by the court.

 

מַאי בֵּינַיְיהוּ אִיכָּא בֵּינַיְיהוּ דְּאַתְיוּהוּ בֵּי תְרֵי

אִי נָמֵי מִמְּדִינָה לִמְדִינָה בְּאֶרֶץ יִשְׂרָאֵל

אִי נָמֵי בְּאוֹתָהּ מְדִינָה בִּמְדִינַת הַיָּם

 

What is the practical difference between them?

The practical difference is where it was brought by two.

Alternatively, it was brought from one region to another in Israel.

Alternatively, within one region abroad.

 

The Talmud lists three practical differences between Rabbah and Rava, cases where one would say the declaration need not be made and the other would say that it must.

1)     If it was brought by two, they can serve as the witnesses. So we don t need them to make the declaration, according to Rava. But if the problem is that they don t write or sign gittin correctly outside of Israel, then we would still need them to make the declaration. So Rabbah would require the declaration.

2)     Within Israel everyone knows the rules of writing gittin. So according to Rabbah, they would not have to make the declaration. But Rava would still fear that the witnesses would be hard to find.

3)     Within one region outside of Israel there should not be a concern that the witnesses being easy to find. So Rava would not require the declaration. But Rabbah would because outside of Israel we cannot be sure that the get was written correctly.