Tuesday 15 December 2015

Gittin 3: Witnesses; For Her Benefit?

Amud (a) clarifies some of my confusion over daf 2.  A husband might claim that the get he sent ahead with an agent is actually invalid; that he did not write and/or sign it.  In addition, he might not have intended to create the get for his wife's benefit.  The presumption in this case is that the woman is still married, for if she is considered to be unmarried she is liable to remarry illegally and face severe consequences.  

A woman cannot act as a witness in cases of contested gets, for any case regarding forbidden sexual relationships requires two male witnesses.  Other types of cases allow women to act as witnesses, including those cases that require only one witness.  The Gemara elaborates on all of these points and more as it walks us through whether the agent acting as a single witness to the writing/signing of the get is a leniency or a stringency.

The Gemara considers how many people are required to testify at the hearing of a contested get.  Three people would make a full court.  The rabbis consider who might be a credible witness: the husband himself?  The wife herself?  The agent?  Others?  The Gemara also wonders whether in fact the get must be written for the wife's sake.  Perhaps this is not the case at all.

The Gemara notes that the rabbis are concerned about the welfare of wives who are waiting to be divorced.  They do not wish for women to be agunot, wives without marriages who are awaiting their gittin.  They see these women as at high risk of taking part in forbidden sexual relationships.

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