Sunday 14 February 2016

Gittin 63: Receipt of the Get; Chalitza and Gittin

The rabbis wish to distinguish between agent who receive and agents who deliver.  This becomes important when a husband chooses to retract the get and not divorce his wife.  Because the divorce takes effect as soon as she receives the physical get, we must be clear about an agent who receives the get in her name.  The rabbis want to be very clear about an agent that is simply delivering the get and one who is receiving the get.  Further, they note who has appointed the agent, which can affect whether or not that agent can be redirected.  They also consider the power granted to a minor girl in such circumstances.

The rabbis walk through a number of cases that illustrate the importance of receiving the get properly.  One of those cases includes chalitza, which should not matter because in chalitza stands in the place of a get.  However, in this circumstance, reception of the get was questioned before the husband died, putting the wife in an impossible legal position: if she is widowed, she does not require chalitza.  But if her husband died while the get was en route, should she be subject to chalitza?  

The rabbis also consider lost documents and the use of specific words that might specify what an agent is to do in particular with said documents.

Again, the importance of the receipt of a get is a woman's status.  If she is not legally divorced when she remarries and has children, those children are mamzerim.  Mamzerim are severely limited in their choice of marriage partners.  Further, it would seem that they were ostracized at least to some degree from mainstream society. The receipt of a proper get eliminates that possibility. 

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