Wednesday 13 January 2016

Gittin 32: Voiding a Get - Specific Words

Today's daf marks the beginning of Perek IV.  As well it begins with a Mishna.  Is a husband permitted to interrupt delivery of a get that he sent with an agent by announcing that "the get was void and thus this get is void"?  Once the get has reached her hand, is it automatically valid?  Initially a new court could render the get void.  However, Rabban Gamliel the Elder* introduced legislation: one should not do this for the betterment of the world.  We learn in a note that tikkun olam, betterment of the world, refers to keeping halachot in a strong Jewish society.  This is in contrast to tikkun olam, repair of the world, which is referred to in modern Jewish thought and kabbalist philosophy.

The rabbis note that such a husband is possibly attempting to vex his wife.  If he wishes to void the get for this reason, it cannot be voided.  They suggest that the words he uses are important.  Is he saying that "it is void" or "I do not desire it"?  If so, the get can be voided.  But if he says that "It is invalid" of "it is not a bill of divorce", his words have no effect.  The rabbis attempt to understand whether the husband was saying that the document was already flawed.  They compare the halachot regarding gift-giving to these circumstances.  While I understand that there are similarities, it is easy to understand the get as very different from a gift, whether or not it is desired by the wife.

If a husband says that the bill of divorce  shall not be effective, shall not release, shall not cause to leave, shall not send away, shall not divorce, shall be potter, or shall be like pottery, the get is void.  The rabbis question how "pottery" is different from claiming that the get is like any other ownerless property.  The rabbis note that when a husband interrupts an agent's delivery of the get and makes that get void, he may use it again in the future should he choose to.  However, if the husband is delivering the get himself and he names that document void, he cannot reuse the document at a later time.

The rabbis consider a betrothed woman's ability to change her mind about marriage within thirty days of her betrothal (when that option is presented to her).  Speech both created and nullified that vow.  Should the same guidelines apply to voiding a get?

Our daf ends with the rabbis' conversation about the Mishna's description of a court.  Are only two other people required at that court?  How many witnesses are necessary to deem a get void?  We'll learn more about this question tomorrow.


* Grandson of Hillel the Elder, Grandfather of Rabban Gamliel (of Yavne), head of the Sanhedrin for years, teacher of Saul of Tarsus aka Christian apostle "Paul".

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