Gittin 85: Comparing Conditions - Divorcing Wives and Freeing Maidservants

A new Mishna is introduced in two parts.  First, the rabbis tell us that a husband might add conditions to the get regarding forbidden relationships or halachically prohibited actions.  Because all of these conditions are considered to be automatically 'off limits' to the wife, the get is considered valid.  In the second part of the Mishna, the rabbis tell us that a husband might add conditions to the get regarding permitted relationships or halachically permitted actions.  In these cases, the get is considered to be invalid.  The wife would be only "partially divorced" because the get's conditions would not allow her to marry any man in the world, which is a critical part of the get.

The Gemara names a number of the examples stated in the Mishna.  Each of these is debated: can the rabbis understand that there might be circumstances that create a questionable get rather than an invalid get.  One point that returns is the importance of the core principle that a woman may marry any man in the world after she is divorced.   As soon as that statement is limited, the get is questionable.  But it may or may not be invalid, the rabbis argue.  The Gemara ends this discussion stating that all of these dilemmas are unresolved.

Our second new Mishna reminds us again that the basic element of the get is the statement "You are hereby permitted to marry any man."  Rabbi Yehuda adds: "And this that you shall have from me is a scroll of divorce, and a letter of leave, and a bill of dismissal to go to marry any man that you wish."  And the bill of manumission for a maidservant states, "You are hereby a free woman" or "You are hereby your own."

The Gemara seeks to understand how these two concepts are related to each other.  Certain statements apply only in the case of divorce and others apply only in the case of a maidservant's emancipation.  They question whether the exact wording must be used in each situation or whether the wording might be changed to apply to both circumstances.  They wonder when a man has said nothing by using one of the above phrases.  They also wonder about the acquisition of a person's body, which certainly takes place when one purchases a slave or maidservant.  But is a wife's body acquired by her husband?  If not, what is acquired when he takes on responsibility for her through marriage?

The rabbis speak about the importance of spelling within the get.  The scroll itself should contain specific spelling that cannot be misconstrued.  If the scribe is not careful, a husband could give his wife a get that misrepresents his intention, rendering the get invalid.

The Gemara ends our get with its discussion about short phrases.  Are phrases like "And this..." or "From this day..." required?  If the get is dated, why would the date be required?  We understand that the get is valid as of the date written.  Although we do not get very far into this conversation, the rabbis seem to lean toward leniency in the wording of these short phrases.  This would mean that gittin would be considered valid if short phrases were missing as long as the intention and the understanding of the intended meaning were present for all parties.  But we will learn more when we read tomorrow's daf.