Tuesday 29 December 2015

Gittin 17: A Habara; Writing And Signing On The Same Day

We begin with learning about a time when a habara, a Zoroastrian/Persian priest, interrupted scholars to insist that there is no light other than in the temple.  Notes in Steinsaltz teach us that usually the Sages think harshly of the Romans and well of the Persians due to how they treated Jewish communities.  In this case, though, the Zoroastrians moved into power in Persia in the 3rd century CE, bringing problems with them. 

The rabbis return to their questions about two agents bringing a get from overseas.  Rabbi Yochanan and Rabbi Shimon disagree in a new Mishna: must the get be written and signed on the same day or the same night?  Must both agents witness the writing and the signing of the get, or is one witnessing the writing and both witnessing the signing enough?  Perhaps Rabbi Yochanan was concerned that a man might try to protect his wife who was adulterous because she was also his niece and he would change the dates of the get.  But Reish Lakish would argue that adultery is uncommon and the Sages would not make a ruling based on an uncommon occurrence.  Rabbi Yochanan suggested that husbands might change the dates on a get to cover up inappropriate use of his ex-wife's usufruct property.

Again we see the rabbis trying to protect women from men who might use the get to control the lives of their wives.  Interesting that since the inception of these rules, they have been used inappropriately.  Also interesting that since the inception of these rules, rabbis have been attempting to interpret the laws to protect women who were financially, physically and otherwise vulnerable depending on the whims of their husbands.

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