004 - הִלְכוֹת גֵּרוּשִׁין פֵּרֶק ד

Laws of Divorce, Chapter 4

1. A get may be written only with a substance whose mark endures, such as ink, sikra, kamos, kalkantus, and similar materials. But if it was written with a substance that does not endure, such as liquids, fruit juices, or the like, it is not a get. If it was written with lead or with charcoal, it is valid; however, one should not use them initially.

2. One may write with gallnut water initially, on paper, parchment, or similar materials. But not on a split scroll, because it is not recognizable; and if he wrote on it, it is not a get. The same applies to anything similar.

3. A get may be written on anything, even on items from which benefit is forbidden. It may be written on something that can be forged—provided it is given to her in the presence of witnesses to the delivery.

4. How so? He may write on erased paper, on a notebook, on pottery, on leaves, on the hand of a slave, or on the horn of a cow; and he gives her the slave, the cow, or the erased paper, or the like, in the presence of witnesses.

5. If the get was engraved on the hand of a slave as a tattoo, and it came into her possession, and the witnesses were engraved on his hand—she is divorced, even though there are no witnesses to the delivery, since it cannot be forged. Even if the slave is known to belong to him, and a get is engraved on his hand, and it comes into her possession, and she says in the presence of witnesses, "It was given to me"—this is a case of doubtful divorce, for perhaps the slave entered her possession on his own, since slaves do not have a presumption of ownership.

6. If the get was engraved on a tablet, and the witnesses are on it, and it comes into her possession—even if the tablet is known to be hers—she is divorced, for a woman may write her own get, since the validity of the get is only in its signatures if there are no witnesses to the delivery.

7. If he engraved the get on a board, or on a stone, or on a metal plate—if he hollowed out the legs of the letters, it is valid, for this is considered writing, as it says, "inscribed with an iron pen..." (Yirmiyahu 17:1), meaning that he engraves. Likewise, if he engraved the legs from the back of the plate so that they protruded on the front of the plate. But if he hollowed out the inside of the letter so that the legs appear raised on both sides, like the writing on gold dinars—it is not a get, for this is not considered writing.

8. One who scratches the form of letters on leather, or who traces the form of letters on leather—this is valid. A get may be written in any script and in any language. If a get is written in one script and its witnesses sign in another script, it is valid, provided they recognize the language and script.

9. If one of the witnesses signed in one script and the other witness in another script, it is valid. But if part of the get was written in one language and part in another language, it is invalid.

10. In whatever language the get is written, the scribe must be careful with the wording of the get, so that its meaning does not imply two different matters, to the point that the reader might say, "Perhaps he meant such and such," and its meaning is not that of divorce, or "Perhaps in this matter he meant it as divorce." Rather, the words must be such that there is no doubt in that language, and its meaning is only one matter: that so-and-so divorced and sent away so-and-so.

11. Likewise, the writing must be clear enough in that script so that even children who recognize that script—who are neither especially clever nor especially foolish, but average—can read it. The writing should not be crooked or confused, lest one letter resemble another and the meaning be changed.

12. If it contains wording that implies two matters, or if its writing is crooked or confused so that it could be read as something else—even though it can be read as a divorce and its meaning is that of divorce—it is invalid. It is already the universal custom of the Jewish people to write the get in Aramaic, and in this formula, even though it is permitted to write it in any language, this is the preferred practice.

Laws of Divorce, Chapter 4

12. This is the text of the get: "On such-and-such day of the week, on such-and-such day of the month of such-and-such, in the year such-and-such from Creation or according to the count of documents as is customary to count in such-and-such place, I, so-and-so son of so-and-so, from such-and-such place, and any other name or nickname that I and my fathers and my place and the places of my fathers are known by, have willingly, of my own accord, not under duress, released, sent away, and divorced you, so-and-so daughter of so-and-so, from such-and-such town, and any other name or nickname that you and your fathers and your place and the places of your fathers are known by, who were my wife from before this, and now I have released, sent away, and divorced you, so that you may be free and have authority over yourself to go and marry any man you wish, and no one will prevent you by my name from this day and forever. And behold, you are permitted to every man. And this shall be for you from me a bill of divorce, a writ of release, and a letter of dismissal, according to the law of Moshe and Yisroel."

The witnesses sign below, as we have explained.

13. When writing the get in this language and this text, he should not write "v'den" with a yud, lest the reader read it as "din," meaning "a judgment will be between me and you." Nor should he write "v'iggeres" with a yud, lest the reader read it as "i gart," meaning "if you have committed adultery." Nor should he write "limehach" with a yud, lest the reader read it as "li mehach," meaning "for me, laughter." Nor should he write "tihveyin" and "titzbeyin" with two yuds, lest the reader read them as "tihveyan" and "titzbeyan," meaning that he is speaking to two women, and it will turn out that he is not divorcing this one, but two others. Likewise, he should lengthen the vav in "v'kadu," lest it resemble a yud and its meaning be "u'kdei," meaning "on this condition I will divorce you." Similarly, he should lengthen the vav in "teruchin" and "shibukin," lest it resemble a yud and its meaning be "terichin" and "shbikin," meaning that he is saying to her that she has left him and divorced him. In this manner, care must be taken in every language and every script that he writes, that there not be in it the implication of two meanings.

14. If he wrote in this text but did not lengthen these vavs, or did not write the extra yuds, or wrote the yuds that we said should not be written—this is a get that is invalid. And so with anything similar, in any language—it is invalid.

15. If a get had a letter or word erased, or was suspended between the lines—if it is from the tofes (the standard part of the get), it is valid. But if it is from the toref (the essential part), it is not a get. But if he clarified and explained at the end of the get that such-and-such a letter is suspended or on an erasure, even from the toref of the get—it is valid, like other documents. Likewise, if a get is found torn both lengthwise and widthwise, which is a tear of Beis Din—this is a get that is void, like other documents. But if it was torn and it is not a tear of Beis Din—it is valid.

16. If it was worm-eaten, or decayed, or became like a sieve—it is valid. If it was erased or blurred, but its impression remains—if it can be read, it is valid; if not, it is not a get.

17. In what case are these words said? When the get comes from her possession with signed witnesses, and there are no witnesses to the delivery. But if there are witnesses that the get was delivered to her in their presence, and it was valid—then it is valid, even if the toref of the get is on an erasure, or between the lines, or it was torn both lengthwise and widthwise, as long as he gave it to her in their presence.

Laws of Divorce, Chapter 4

18. If five men wrote a single get for their five wives—if they wrote it in general terms, such as writing, "On such-and-such Shabbos, so-and-so divorced so-and-so, and so-and-so divorced so-and-so," and so each one said to his wife, "Take this, you are hereby divorced," and the entire standard text of the get is included, and two witnesses sign below—this is valid, and it may be given to each of the women in the presence of witnesses to the delivery. If there are no witnesses to the delivery, then whichever woman this scroll comes from her possession is considered divorced. But if he wrote, "On such-and-such Shabbos, so-and-so divorced so-and-so," and completed the get, and then began another get below it on the same scroll, writing, "And on such-and-such day, or on such-and-such Shabbos, so-and-so divorced so-and-so," and completed the second get, and so on until all the gittin were completed, and the witnesses are below—if this scroll was given to each of them in the presence of witnesses to the delivery, then all are divorced. But if there were no witnesses to the delivery, and the scroll comes from the possession of one of them—if it is the one whose get is last, adjacent to the witnesses, she is divorced; but if the scroll comes from the possession of one of the earlier ones, she is in doubt whether she is divorced.

19. If he wrote, "I, so-and-so, and so-and-so, and so-and-so, have divorced our wives, so-and-so, so-and-so, and so-and-so," and completed the get—even if it was delivered to each of them in the presence of witnesses, it is not a valid get, for two women cannot be divorced with one get, as it says, "and he shall write for her" (Devarim 24:1, 24:3)—for her, and not for her and her companion. But if he then specified them within the get, writing, "So-and-so divorced so-and-so, and so-and-so divorced so-and-so, and so-and-so divorced so-and-so, at such-and-such time," these are valid.

20. If he wrote two gittin on two columns on one scroll, side by side—if there are two witnesses whose names are read at the end of this get, and two witnesses at the end of that get, it is valid; and whichever woman this scroll comes from her possession is divorced.

21. If there were only two witnesses, whose names appear below this get and then below that get—if it comes from the possession of the woman whose get the witnesses are read with, she is divorced; but if it comes from the possession of the second, whose witnesses are not read with her get, it is not a get until it is delivered to her in the presence of witnesses.

22. If he wrote two gittin on two columns, one above the other, and the witnesses are between the two gittin, so that they are at the end of the first and above the second—if it comes from the possession of the one whose get the witnesses are read at the end, she is divorced. But the one whose get the witnesses are read at the top, above, is not divorced, for witnesses who sign at the top of the page of the get, or at its side, or on its back, it is not a get. But if it was delivered to her in the presence of witnesses, it is valid.

23. If the top of this page was joined to the top of that page, and the witnesses are in the middle, so that the witnesses are at the top of both gittin—both are invalid; but if they were delivered to them in the presence of witnesses, both are valid.

24. If part of the get was left out and written on a second page, and the witnesses are below, at the end of the second page, it is valid—provided it is evident in the scroll that it was not cut, and that the scribe intended to complete it on the second page. But if this is not evident—even if it was delivered in the presence of witnesses—she is in doubt whether she is divorced, for perhaps there were two gittin, and part of this one was cut from the end of the page, and part of the second from the top of the page.

25. If he wrote the get, and after he finished writing, he added, "Regards to so-and-so," or "Peace be upon you, so-and-so my friend," or the like, and the witnesses signed below, and this get comes from her possession—she is in doubt whether she is divorced, for perhaps the witnesses only signed on the greeting. But if he wrote, "Regards to so-and-so," or "Peace be upon you, so-and-so my friend," or the like, so that these words follow the words of the get, and the witnesses signed on both—the woman is divorced. And if it was delivered to her in the presence of witnesses—in either case, it is a valid get.