Gittin, Daf Gimmel, Part 6

 

Introduction

The Talmud continues trying to figure out whom the mishnah follows.

 

וְאֶלָּא רַבִּי מֵאִיר הִיא וְכִי לָא בָּעֵי רַבִּי מֵאִיר כְּתִיבָה לִשְׁמָהּ מִדְּאוֹרָיְיתָא מִדְּרַבָּנַן בָּעֵי וְהָא אָמַר רַב נַחְמָן אוֹמֵר הָיָה רַבִּי מֵאִיר אֲפִילּוּ מְצָאוֹ בְּאַשְׁפָּה וַחֲתָמוֹ וּנְתָנוֹ לָהּ כָּשֵׁר

 

But rather it is Rabbi Meir, and when Rabbi Meir does not require that the writing be for her sake, this is from the Torah, but from rabbinic law he does require it [to be written for her sake], but did not Rav Nachman say: Rabbi Meir would say that even if he found it in the trash, and signed it and gave it to her, it is valid.

 

The Talmud tries to suggest that while Rabbi Meir does not believe that Torah law requires the get be written for her sake, he does require this from rabbinic law. However, this is countered by what Rav Nachman says Rabbi Meir holds that there is absolutely no requirement that the get be written with her in mind. Even if he finds it in the trash and signs it with her in mind, it is valid.

 

וְכִי תֵּימָא אֲנַן מִדְּאוֹרָיְיתָא קָא מַתְנִינַן לַהּ אִי הָכִי אוֹמֵר הָיָה רַבִּי מֵאִיר דְּבַר תּוֹרָה מִיבְּעֵי לֵיהּ

 

And if you were to say that the mishnah is teaching biblical law, if so, Rabbi Meir should have said: From the Torah.

 

One last effort to ascribe the mishnah to Rabbi Meir perhaps the mishnah is teaching biblical law only. From rabbinic law, the get need not be written with her in mind. But if so, Rabbi Meir should have clarified that From the Torah one who finds it in the trash and signs it has made a valid get. Since Rabbi Meir does not say that, he implies that such a get is totally valid, even from rabbinic law.

 

אֶלָּא לְעוֹלָם רַבִּי אֶלְעָזָר הִיא וְכִי לָא בָּעֵי רַבִּי אֶלְעָזָר חֲתִימָה הֵיכָא דְּלֵיכָּא עֵדִים כְּלָל הֵיכָא דְּאִיכָּא עֵדִים בָּעֵי דְּאָמַר רַבִּי אַבָּא מוֹדֶה רַבִּי אֶלְעָזָר בִּמְזוּיָּיף מִתּוֹכוֹ שֶׁהוּא פָּסוּל

 

Rather, the mishnah indeed accords with Rabbi Elazar, and when Rabbi Elazar does not require signing [for her sake] that is when there are no witnesses at all. But if there are witnesses, he does require that they sign for her sake, for Rabbi Abba said: Rabbi Elazar agrees that a document that is forged from within, is invalid.

 

The Talmud now resolves that the mishnah can be ascribed to Rabbi Elazar. A get with no witnesses is valid. The get can be confirmed by the husband s handwriting. But if there are witnesses, they must be valid witnesses who can affirm that the get was written with her in mind. If there are invalid witnesses, the get is invalid.