006 - הִלְכוֹת גֵּרוּשִׁין פֵּרֶק ו

Laws of Divorce, Chapter 6

1. The agent whom a woman appoints to receive her get from her husband is called a shaliach kabalah (agent for receipt). Once the get reaches his hand, she is divorced as if it had reached her own hand. She must appoint him in the presence of witnesses. She also needs two witnesses to testify that the get reached the hand of her agent; even if these are the original witnesses, or one of the original witnesses and another, this is considered valid testimony.

2. In what case is this said? When the get was lost or torn. But if the get is still in the possession of the shaliach kabalah, no witnesses are needed—whether it was given to him in the presence of witnesses, or the husband gave it to him privately—its being in his possession is like its being in the woman's possession. Nevertheless, ideally, the get should only be given to him in the presence of witnesses to the delivery, just as with the woman herself.

3. The husband cannot appoint an agent to receive a get for his wife. However, he may give the get to an agent to deliver it to his wife, and this is called a shaliach holacha (agent for delivery).

4. Similarly, a woman may send an agent to bring her get from her husband, and this is called a shaliach hava'ah (agent for bringing). An agent for delivery or bringing does not require witnesses.

5. A woman is not divorced by a get that the husband sent, or that was brought to her by an agent for bringing, until the get reaches her hand. Anywhere in the laws of divorce where an unspecified agent is mentioned, it refers to an agent for delivery or for bringing.

6. All are valid to serve as agents for a get—whether as a shaliach kabalah or as an agent for delivery or bringing—except for five: a non-Jew, a slave, a deaf-mute, a mentally incompetent person, and a minor. If any of these received or brought a get, it is not a valid get.

7. However, women and relatives are valid; even those disqualified by rabbinic law due to transgression are valid to serve as agents. But those disqualified by Torah law due to transgression are invalid to bring a get; and if they brought it, it is invalid. In what case is this said? When the get is validated by its signatures; but if it relies only on the word of someone disqualified by Torah law due to transgression, it is not a valid get.

8. If the agent was a minor when the get was given to him and became an adult when he delivered it, or if he was a deaf-mute and then recovered, or mentally incompetent and then recovered, or a non-Jew who converted, or a slave who was freed—this is invalid. But if the get was given to him when he was competent, and he became a deaf-mute and then recovered, or was sane when it was given to him, became mentally incompetent, and then recovered when he delivered it to the woman—this is a valid get, because both the beginning and end were with competence.

9. If a woman appointed an agent in the presence of witnesses and said to him, "Take my get for me, let it be for me in your hand," this is a shaliach kabalah, as if she had said, "Receive my get for me." A woman may appoint a shaliach kabalah to receive her get from her husband's agent. A minor cannot appoint an agent for receipt, even though her courtyard can acquire her get like an adult's—because a shaliach kabalah requires witnesses, and one cannot testify about a minor, who does not have full legal capacity.

10. If a woman appointed a shaliach kabalah, and the husband said to him, "I do not wish you to receive it for her; rather, here is her get, take it to her," the authority is in the husband's hands, and this person becomes an agent for delivery, not for receipt. But if the husband said to him, "Receive it for her," or "Acquire it for her," or "Here, take it," he did not revoke the agency for receipt. If he said, "Take it to her," he has revoked the agency for receipt, and the person becomes the husband's agent; likewise, if he said, "Take it and give it to her," he has revoked the agency for receipt.

Laws of Divorce, Chapter 6

11. If a woman's agent comes to receive a get from the husband and says to him, "I am an agent to receive," and the husband says to him, "Here is this get as she said"—meaning, "I am not revoking her agency, but whether she made you an agent to receive or an agent to deliver, you are as she said"—and he brings the get, and she says to him, "I only appointed you as an agent to bring it," then even if the get reaches her hand, she is not divorced. For the agent has nullified the agency as she stated, and told the husband, "I was never made an agent to bring it for her."

12. If the agent said to the husband, "I am an agent to bring," and the husband said to him, "Here it is for you as she said," and he brings the get, and she says to him, "I appointed you as an agent to receive," then once the get reaches her hand, she is certainly divorced. For he did not nullify the agency as she stated, but only diminished it, since she says it is for receiving, and he told the husband it was only for bringing.

13. If the husband sent a get to his wife, and the agent came to give it to her, and she did not take it but said to him in the presence of witnesses, "Let this get be a deposit with you," or she said to him, "You are an agent to receive it for me," she is in a state of doubtful divorce until the get reaches her hand; and once the get reaches her hand, she is certainly divorced.

14. An agent who brings a get, when he gives it to her, gives it in the presence of two people, and those two must read it, and only afterwards is it given to her in their presence. For the law of the agent with the woman is like the law of the husband with her, for he stands in his place. Therefore, if the agent gave it to her and the witnesses to the delivery did not read it, and she took it and threw it into the sea, she is in a state of doubtful divorce.

15. If the agent transgressed and gave the get between himself and her alone, it should be taken from her and given to her again in the presence of two people; and if he died, since the get comes from her possession and is validated by its signatures, it is valid.

16. If an agent took the get, and before it reached the woman's hand, the husband retracted and said to him, "The get that I sent with you is void," or he preceded and said to the woman, "The get that I sent you is void," or he sent another agent to nullify it, or he said to others, "The get that I sent to my wife is void"—it is void, even if it later reached her hand. And anyone who nullifies in the presence of others must nullify in the presence of two. But if after the get reached her hand, or the hand of an agent to receive, he cannot nullify it; and even if he retracted within the time of speaking and nullified it, since after it reached her hand or the hand of an agent to receive or her courtyard he nullified it, it is not void, and the get is valid.

17. If the agent was going around seeking to nullify it, or was seeking two people before whom to nullify it, and whether while he was going around and pursuing, the get reached her hand and afterwards he nullified it—it is not void, even though he was seeking to nullify it before it reached her hand.

18. If he said to ten people, "Write a get and give it to my wife," he can nullify one not in the presence of the other, even in the presence of two others. If he sent the get with two, he can nullify one not in the presence of the other; and even if there were ten, once he nullified it in the presence of one of them, the get is void.

19. Similarly, if someone said to two people, "The get that I am writing for my wife is void," and afterwards wrote a get and gave it to her in the presence of two others, the get is void; and this is called giving notice of protest regarding the get. Likewise, if he said to them, "Any get that so-and-so writes for me is void," or "Any get that I write in the Beis Din of so-and-so is void," or "Any get that I write from today until twenty years is void"—it is void. Similarly, if he said to two people, "Any get that I write for so-and-so my wife is void, and anything by which I nullify this notice is void," and afterwards wrote a get and gave it to her—even if he nullified the notice before writing the get and giving it to her, the get is void.

Laws of Divorce, Chapter 6

20. If so, what is the solution to this matter? The witnesses should say to him before the writing of the get: "Say before us that all the matters you have conveyed that would cause, when they are fulfilled, this get to be nullified—behold, they are nullified." And he says, "Yes." After that, he tells them to write, sign, and give it to her. They should not allow him to leave until the get reaches her hand, so that he does not go out and nullify it. One who delivers a declaration of protest, or one who nullifies a declaration of protest, does not require a formal act of acquisition.

21. If one sends a get through a messenger and then nullifies the get, he may use it again to divorce her whenever he wishes, for he did not nullify it as a get, but only as a matter of agency. Therefore, if the get was in the husband's hand and he nullified it, such as by saying, "This get is nullified," he may never use it to divorce her, and it is like a shard; and if he did divorce her with it, she is not divorced. Similarly, if he specified at the time he nullified it, and it was in the messenger's hand, and he said, "The get that I sent is hereby nullified from being a get," he may never use it to divorce her.

22. With what expressions does one nullify a get? If he said, "It is nullified," "I do not want it," "This get will not be effective," "It will not release," "It will not send," "It will not divorce," "Let it be like a shard," "Let it be a shard," "Behold, it is like a shard"—if he said any of these, or anything similar to them, he has nullified it.

23. But if he said, "This get is not a get," "It is invalid," "It is not effective," "It does not permit," "It does not send," "It does not divorce," "It is a shard"—he has said nothing, for this is not a language of nullification, but rather a language of declaring the matter as he sees it; and he has informed us of something that is not so—like one who says about something forbidden that it is permitted, or about something impure that it is pure.

24. If he said, "This get has been nullified," which implies a past action, as in "he turned and was gone" (Shir HaShirim 5:6), this is a doubtful case. Therefore, if she was divorced with this get, she is doubtfully divorced.

25. If one sent a get to his wife, and the messenger came and told him, "I did not find her," or "She did not want to take it," and the husband said, "Blessed is the Good and Beneficent," or similar words that imply he has no intention to divorce her, for he is happy that the get was delayed—the get is not nullified, but rather, it should be given and she will be divorced, unless he explicitly says to him, "Do not give it," or he explicitly nullifies it.

26. If one sent a get to his wife and then nullified it before two other people, or if one delivered a declaration of protest regarding the get—he is given lashes of rebelliousness, because he causes illegitimate children to be born: for the get may reach her hand and she may remarry with it, and after some time, the witnesses before whom he nullified it or delivered a declaration of protest before it was written may come forward, and the child will be found to be illegitimate.

27. A messenger who brought a get and gave it to the woman—we do not say, "Perhaps the husband nullified it," but rather, it is given to her on the presumption that it is valid, and she may remarry with it. If it is later discovered that he nullified it, she must leave, and the child is illegitimate. Similarly, one who writes a get and gives it to his wife—we do not say, "Perhaps he delivered a declaration of protest regarding this get," but rather, it is presumed valid, and she may remarry with it.

28. Similarly, one who brings a get, and the husband was left ill or elderly—it is given to her on the presumption that he is alive. But if he was left in a dying state, most dying people die; and even if it was given to her, this is a doubtful divorce, for there is no get after death. Likewise, a city surrounded by an army and under siege, a ship that is being tossed at sea, or one who goes out to be judged—these are presumed to be alive; and if a get from one of these is in the messenger's hand, it is given to his wife, and she is presumed to be divorced.

29. But a city that was conquered by an army and breached, a ship that was lost at sea, one who goes out to be executed by a non-Jewish court, one who was dragged by a wild animal, or swept away by a river, or upon whom a building collapsed—we apply to them the stringencies of both the living and the dead. If a get from one of these is in the messenger's hand, it is not given to his wife; and if it was given to her, she is doubtfully divorced. If it is known that the husband died before the get reached her hand, it is not a get.

30. A husband who has sent a get to his wife remains obligated to provide her sustenance and to fulfill all the conditions of the kesubah until the get reaches her hand or the hand of her agent for receiving it.