Tuesday 8 March 2016

Gittin 86: When the Get is Invalid but the Children are not Mamzerim; Transmission vs. Receipt

Before a new Mishna, the rabbis digress from their conversation to explain the remedy that will heal a boil.  It includes ginger and metals for both comfort and anti-biotic qualities.

A new Mishna teaches us that there are three gittin that are invalid but the children resulting from a subsequent marriage are not classified as mamzerim.  These three gittin are:

  • a get written in the husband's handwriting with no witness signatures
  • a get with witnesses but no date
  • a get with a date but only one witness
The rabbis consider possible cases that would explain why children in these circumstances would not be considered mamzerim.  They consider when a wife must leave her second husband and when she would be allowed to stay.  Further, they discuss the differences that might come into play when a scribe writes one of these gittin rather than the husband.  As a caveat, the rabbis discuss when water used for purification is deemed disqualified by being touched by certain birds or a particular insect.  

Throughout the daf, Rabbi Elazar and others disagree about whether a get is valid once it has been signed by two witnesses or whether a get is valid when it is delivered into the wife's hand.  When asking Rav Huna about his opinion, the rabbis found that he had died before he could make a decision.  His son Rabba reported that Rav Huna agreed with Rabbi Elazar, who believed that the get was valid when signed by witnesses.  The rabbis question whether or not this can be transferred to decisions concerning monetary documents as well.

We end our daf with a new Mishna.  It offers three circumstances where the get is said to be valid:
  • if two identical gittin were written for two couples with the same names and they were mixed up, both women should be presented both gittin.  If one get is lost, the other is invalid.
  • if five husbands wrote five gittin with identical wording with appropriate signatures of witnesses, all gittin are valid as long as all gittin are handed to each wife individually.
  • if a scribe writes a separate formula for each couple and witnesses sign below the formula, only the first signatures below the formula is valid.
The rabbis share briefly some introductory remarks in the Gemara.  If we follow the words of Rabbi Elazar, isn't the witnessing of paramount importance?  How important is the intention of the husband when the get is written?  Is this get really done for the sake of the wife; with the wife in mind?  What specific wording is used for the gittin?  How do we define separate formulae?



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