Gittin, Daf Tet, Part 3

 

Introduction

New mishnah time! But don t worry, we re still talking about the declaration made by the agent.

 

מַתְנִי׳ הַמֵּבִיא גֵּט מִמְּדִינַת הַיָּם וְאֵינוֹ יָכוֹל לוֹמַר בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם אִם יֵשׁ עָלָיו עֵדִים יִתְקַיֵּים בְּחוֹתְמָיו

 

If one who brings a get from abroad is not able to declare, In my presence it was written and in my presence it was signed , if there are witnesses on it, its validity can be established through its signatures.

 

As we have already learned, the declaration is to help the woman make sure that the husband does not protest against the get. If the agent cannot make the declaration, the get can be validated in other ways.

 

אֶחָד גִּיטֵּי נָשִׁים וְאֶחָד שִׁחְרוּרֵי עֲבָדִים שָׁווּ לַמּוֹלִיךְ וְלַמֵּבִיא וְזוֹ אַחַת מִן הַדְּרָכִים שֶׁשָּׁווּ גִּיטֵּי נָשִׁים לְשִׁחְרוּרֵי עֲבָדִים

 

Both bills of divorce and writs of emancipation are similar [concerning a messenger] who takes them [abroad from the land of Israel and one who brings them [from abroad to the land of Israel].

This is one of the ways in which bills of divorce are similar to writs of emancipation.

 

The rules concerning the declaration that a messenger must make upon presenting a get also apply to a messenger delivering a writ of emancipation. Whether he brings the get from Israel to a foreign land or brings it to Israel, the messenger bringing either document must say In my presence it was written and in my presence it was signed.

This mishnah concludes by alluding to other similarities between the two documents. These will be discussed later in the chapter.

 

גְּמָ׳ מַאי אֵינוֹ יָכוֹל לוֹמַר אִילֵימָא חֵרֵשׁ חֵרֵשׁ בַּר אֵתוֹיֵי גִּיטָּא הוּא וְהָתְנַן הַכֹּל כְּשֵׁרִין לְהָבִיא אֶת הַגֵּט חוּץ מֵחֵרֵשׁ שׁוֹטֶה וְקָטָן

אָמַר רַב יוֹסֵף הָכָא בְּמַאי עָסְקִינַן כְּגוֹן שֶׁנְּתָנוֹ לָהּ כְּשֶׁהוּא פִּיקֵּחַ וְלֹא הִסְפִּיק לוֹמַר בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם עַד שֶׁנִּתְחָרֵשׁ

 

Gemara: What does it mean he cannot say ? If we say that it is because he is a deaf-mute, can a deaf-mute bring a get? But does it not teach, All are valid to bring a get except for a deaf-mute, person lacking sound senses, or a minor.

Rav Yosef said: What are we dealing with here? For instance he gave it to him when he was able to hear, but he did not say, It was written in my presence and it was signed in my presence until he went deaf.

 

He cannot say in the mishnah cannot be understood as referring to a deaf-mute, because a deaf-mute cannot bring a get at all. In Talmudic times deaf-mutes were not allowed to participate in legal matters because they could not really communicate.

Rav Yosef answers that this person received the get when he could hear, but by the time he delivered the get he had already lost his hearing.