Kiddushin, Daf Mem Daled, Part 5

 

Introduction

The Talmud continues to discuss whether a na arah can appoint an agent to accept her get.

 

איתיביה קטנה שאמרה התקבל לי גיטי אינו גט עד שיגיע גט לידה הא נערה ה"ז גט

 

He raised an objection: If a minor [ketanah] says: Receive my get on my behalf, it is not a valid divorce until it reaches her hand.

Behold in the case of a na’arah it is a [valid] divorce!

 

A mishnah from Gittin teaches that a minor girl cannot appoint an agent to receive her get. By deduction, a na arah, a girl slightly older than a minor, can appoint an agent.

 

הכא במאי עסקינן בשאין לה אב

 

What are we dealing with here? With one who has no father.

 

The Talmud resolves the difficulty we are dealing here with a girl who has no father. Since she is of age and has no father with authority over her, she can appoint an agent. But a na arah with a father cannot.

 

הא מדקתני סיפא אם אמר אביה צא וקבל גט לבתי אם רצה בעל לחזור בו לא יחזור

מכלל דרישא בדיש לה אב עסקינן

 

But since the second clause teaches: If her father says to him [the agent], Go and accept the get for my daughter, should her husband wish to retract, he cannot.

From here we can deduce that the first clause refers to one who has a father?

 

The second clause refers to the girl s father. If he appoints an agent, then the divorce is valid as soon as the agent receives the get, since he clearly has the right to appoint an agent. Therefore, it seems that the first clause also refers to a ketanah (minor) that has a father.

 

חסורי מיחסרא והכי קתני קטנה שאמרה התקבל לי גיטי אינו גט עד שיגיע גט לידה

הא נערה ה"ז גט

במה דברים אמורים כשאין לה אב אבל יש לה אב ואמר אביה צא וקבל לבתי גיטה ורוצה בעל לחזור לא יחזור

 

The text is defective, and should read thus: If a minor says: Accept my get for me, it is not a [valid] divorce until it reaches her hand; but in the case of a na arah it is a [valid] divorce. When was this said? If she has no father. But if she has a father and he says: Go and accept the get for my daughter, and [then] the husband wishes to retract, he cannot.

 

The Talmud now adds words into the mishnah such that it accords with Rava. A minor can never appoint an agent to receive her get. A na arah can, but only if she has no father. When Rava said that she cannot, he was referring to a minor whose father was still alive.