007 - הִלְכוֹת גֵּרוּשִׁין פֵּרֶק ז

Laws of Divorce, Chapter 7

1. A messenger who brings a get from one place to another within Eretz Yisroel—even if he did not see the writing of the get and does not know who its witnesses are, but the husband gave him the get and said, "Give this get to my wife"—may give it to her in the presence of two [witnesses], even if its witnesses are not known to us. She is considered divorced and may remarry with it.

2. If the husband comes and objects, saying, "I never divorced her, and the get that was brought to her is a forgery," the get must be validated by its signatures. If it is not validated, or its witnesses are not known at all, she must leave [her new husband], and the child is a mamzer, for she is not divorced. If the get was lost, she is in a state of doubtful divorce. Therefore, women who are presumed to hate one another are not trusted to bring a get for each other within Eretz Yisroel, lest it be forged and she intends to cause her harm, so that she will remarry and become forbidden to her husband.

3. These are the women who are presumed to hate one another: her mother-in-law; her mother-in-law's daughter; her co-wife, even if the co-wife is married to another man; her yevamah, even if she is her sister; and her husband's daughter. But all other women are valid [to serve as messengers].

4. One who brings a get from place to place within Eretz Yisroel and becomes ill or is prevented [from continuing] may send it with another. Likewise, the second [messenger]—if he becomes ill, he may send it with another, even a hundred times. He does not need witnesses to appoint the next messenger in their presence. The last one who receives the get gives it to her in the presence of two [witnesses], and she is divorced with it, even if the first messenger has died.

5. A messenger who brings a get from place to place in Chutz LaAretz, or from Eretz Yisroel to Chutz LaAretz, or from Chutz LaAretz to Eretz Yisroel—if the messenger was present at the time of the writing and signing of the get, he must say before two [witnesses], "It was written in my presence and signed in my presence." Afterwards, it is given to her in their presence, and she is divorced with it, even if its witnesses are not known to us. Even if the witnesses have the names of non-Jews, we are not concerned about them.

6. If the husband comes and objects, we do not heed him. Therefore, even women who hate one another are trusted to bring such a get and say, "It was written in my presence and signed in my presence."

7. Likewise, if a messenger brings a get within Eretz Yisroel and says, "It was written in my presence and signed in my presence," even though this is not required, if the husband comes and objects, we do not heed him. But if the messenger was not present at the time of writing and signing, it should not be given to her unless it is validated by its signatures. The messenger may be among the three who validate it by its signatures. If it is not validated and it was given to her, it is invalid until it is validated. If the husband comes and objects and it was not validated, she is not divorced. If the get was lost, she is in a state of doubtful divorce.

8. Why did they require [the messenger] to say, "It was written in my presence and signed in my presence," in Chutz LaAretz? So that the woman will not need to have it validated if the husband comes and objects, because the witnesses are not readily available to validate it from place to place in Chutz LaAretz.

9. If the husband brings clear proof that a get about which it was said, "It was written in my presence and signed in my presence," is a forgery, it is nullified. For the words of the one who says, "It was written in my presence and signed in my presence," were only believed to counter the husband's objection when he has no proof; but in the presence of witnesses who contradict him, he is not believed.

10. The rivers in Eretz Yisroel and the bays of the Great Sea that are within the boundaries of Eretz Yisroel are considered as Eretz Yisroel; those outside the boundary are like Chutz LaAretz. In the Laws of Gifts to the Poor, the boundaries of Eretz Yisroel will be explained. Bavel is considered like Eretz Yisroel regarding gittin.

11. If a get was written in Eretz Yisroel and signed in Chutz LaAretz, it is necessary to say, "It was written in my presence and signed in my presence." If it was written in Chutz LaAretz and signed in Eretz Yisroel, it is not necessary to say, "It was written in my presence and signed in my presence."

Laws of Divorce, Chapter 7

12. If part of the get was written in his presence, and the entire get was signed in his presence—if it was the first part that was written in his presence, he may say, "It was written in my presence and signed in my presence." Even if only one line was written in his presence, and even if he only heard the sound of the quill writing, and the witnesses signed it in his presence—he may say, "It was written in my presence and signed in my presence." Similarly, if the scribe went out to the marketplace and then returned and completed the get, there is no concern that perhaps someone else found him and told him to write it for another man; rather, he says, "It was written in my presence and signed in my presence."

13. If he said, "It was written in my presence but not signed in my presence," or "It was signed in my presence but not written in my presence," or "It was written in my presence and one witness signed in my presence but not the second witness," even if he himself was the second witness—then the get must be validated by its signatures, and only afterwards may it be given to her. If he and another testify about the second witness that he did not sign in his presence, the get is valid and may be given to her; and needless to say, if two others testify to the handwriting of the second witness, it is valid.

14. If two people brought a get from outside Eretz Yisroel—even though it was not written and signed in their presence—since the husband gave it to them to deliver to his wife, they may give it to her, and she is divorced. For the husband cannot contest this get, even though it is not validated, since his agents are his witnesses; for if the two had said, "She was divorced in our presence," she would be divorced even if there were no get.

15. In what case does this apply? When the get comes from their hands. But when it does not come from their hands, they must say, "It was written in our presence and signed in our presence." Therefore, if one says, "It was written in my presence," and the other says, "It was signed in my presence," or even if two say, "It was written in our presence," and one says, "It was signed in my presence"—since it does not come from the hands of both, it is not to be given to her until it is validated by its signatures.

16. If one says, "It was written in my presence," and two say, "It was signed in our presence," it is valid, even though it does not come from their hands, since it has been validated by its signatures.

17. If an agent brought a get from outside Eretz Yisroel and gave it to her privately, or gave it in the presence of two but did not say, "It was written in my presence and signed in my presence"—even if she remarried, the get is taken from her and given to her again in the presence of two, and he says before them, "It was written in my presence and signed in my presence." If it is not taken from her, it is invalid until it is validated by its signatures.

18. If he gave it to her and did not manage to say, "It was written in my presence and signed in my presence," before he became mute, it must be validated by its signatures, and only afterwards may it be given to her.

19. A blind person cannot bring a get from outside Eretz Yisroel, because he cannot say, "It was written in my presence and signed in my presence." Therefore, if it was written and signed before him while he could see, and then he became blind, he may say before three, "It was written in my presence and signed in my presence," and give it to her. Similarly, a woman who brings a get from outside Eretz Yisroel must say before three, "It was written in my presence and signed in my presence." The reason it is not said before two is only when the agent is fit for testimony, since he joins with the two, and thus among the three, the get is validated by his words: for a witness becomes a judge in matters that are rabbinic in origin.

20. If the agent became ill or was prevented, he comes to Beis Din and says to them, "This get was written in my presence and signed in my presence," and they send it with another agent. The latter does not need to say, "It was written in my presence and signed in my presence," but rather says, "I am an agent of Beis Din," and gives it to her in the presence of witnesses.

Laws of Divorce, Chapter 7

21. If the second agent became ill or was prevented by circumstances beyond his control, he may appoint another agent in Beis Din, even a hundred times; and the last one says, "I am the agent of Beis Din," and gives it to her, even if the first agent has died. And why is Beis Din required? Because he must say, "It was written in my presence and signed in my presence." However, if the get was validated by its signatures—even if it was passed from agent to agent, even a hundred between them, until the get reached her hand—it is valid. And even if the husband did not specify or say to him, "Send it by another if you become ill or are prevented," he may still send it.

22. Anyone who appoints an agent does not need the agent to be with him in Beis Din; rather, he says to them, "So-and-so is my agent," even if not in his presence. Likewise, the agent may appoint another agent not in his presence, even a hundred times.

23. If a man gave a get to his wife, and it was written and signed in her presence, and he said to her, "You are an agent to deliver it until such-and-such Beis Din, and they will appoint an agent and give you this get, and you will be divorced with it"—she is believed to say before them, "It was written in my presence and signed in my presence," and they take it and give it to an agent to give it to her, as the husband said.

24. In what case are these words said? When the husband stipulated this condition with her. But if he did not stipulate with her, and simply gave her the get, and the get is found in her possession—she does not need to say anything; she is presumed to be divorced, since the get in her hand is written according to the law and the witnesses have signed it. And even though we do not recognize the handwriting of the witnesses and it has not been validated, we are not concerned that she may have forged it, for she would not harm herself; furthermore, the witnesses who signed the get are considered as if their testimony has been examined in Beis Din, unless there is an objection. Therefore, we maintain the get in its presumed validity, and she may remarry, and we are not concerned that it might be found to be forged—just as we maintain the get in its presumed validity when an agent brings it, until the husband objects or brings proof that it is forged or void. For if we were to be concerned about these and similar matters, we would also have to be concerned about a get given by the husband in our presence—that perhaps he voided it and then gave it, or perhaps invalid witnesses signed it and it is thus internally invalid, or perhaps it was not written for her sake. And just as we are not concerned about these or similar matters, but rather maintain it in its presumed validity until it is known to be void—so too, we are not concerned, neither for the agent nor for the woman herself when the get is found in her possession, for the laws of prohibitions are not like the laws of monetary matters.