Introduction to Masechet Gittin

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Introduction to Masechet Gittin

05.21.2023 | א׳ בסיון תשפ״ג

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In memory of my father and my teacher Rav Yosef ben Rav Menachem Mendel and Peshi a”h.

Our masechta primarily deals with how a get (divorce) is performed. The circumstances under which a divorce is permitted or even required are discussed in other masechtot in this seder (especially in Ketubot).

In Devarim 24, we learn:

כִּי־יִקַּח אִישׁ אִשָּׁה וּבְעָלָהּ וְהָיָה אִם־לֹא תִמְצָא־חֵן בְּעֵינָיו כִּי־מָצָא בָהּ עֶרְוַת דָּבָר וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ׃ וְיָצְאָה מִבֵּיתוֹ וְהָלְכָה וְהָיְתָה לְאִישׁ־אַחֵר׃ וּשְׂנֵאָהּ הָאִישׁ הָאַחֲרוֹן וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ אוֹ כִי יָמוּת הָאִישׁ הָאַחֲרוֹן אֲשֶׁר־לְקָחָהּ לוֹ לְאִשָּׁה׃ לֹא־יוּכַל בַּעְלָהּ הָרִאשׁוֹן אֲשֶׁר־שִׁלְּחָהּ לָשׁוּב לְקַחְתָּהּ לִהְיוֹת לוֹ לְאִשָּׁה אַחֲרֵי אֲשֶׁר הֻטַּמָּאָה כִּי־תוֹעֵבָה הִוא לִפְנֵי יְהֹוָה וְלֹא תַחֲטִיא אֶת־הָאָרֶץ אֲשֶׁר יְהֹוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה׃ {ס}

A man takes a woman [into his household as his wife] and becomes her husband. She fails to please him because he finds something obnoxious about her, and he writes her a bill of divorcement, hands it to her, and sends her away from his house; she leaves his household and becomes [the wife] of another man ; then this latter man rejects her, writes her a bill of divorcement, hands it to her, and sends her away from his household; or the man dies who had last taken her as his wife. Then the first husband who divorced her shall not take her [into his household] to become his wife again, since she has been defiled —for that would be abhorrent to God. You must not bring sin upon the land that your God is giving you as a heritage.

Divorce is an action which can cancel a prohibition (of relations with a married woman) which was created by an action. In other words, this woman was forbidden to all men except her husband because of the act of kiddushin (betrothal). Once the act of divorce is effected, she is now permitted. It is important to note that she may not be permitted to all men, since there are certain categories of erva (forbidden relationships) that are created by marriage and remain after its dissolution (such as the mother or daughter of the ex-wife, the brother of the ex-husband, and the sister of the ex-wife in her lifetime) as well as the prohibition for a kohen to marry a divorcee, and the prohibition for a couple to remarry if the wife had married anyone else in the interim.

Recall that there are two stages in Jewish marriage: kiddushin (erusin) and nissuin. In Talmudic times, these two stages could take place up to a year apart; today, they are both performed at the same time, and merely separated by the reading of the ketuba and/or a speech. Even an “erusin-only” relationship requires a get for its dissolution.

It is important to note the far-reaching ramifications of remarriage without a halachically-approved get. Children of the second marriage might be considered mamzerim, and not be able to marry Jews of “regular” lineage. Because of this, our masechta spends a great deal of time discussing the precise details of the get.

In the first chapter of Hilchot Girushin, Rambam lays out the essential features of a get:

אֵין הָאִשָּׁה מִתְגָּרֶשֶׁת אֶלָּא בִּכְתָב שֶׁיַּגִּיעַ לָהּ וּכְתָב זֶה הוּא הַנִּקְרָא גֵּט. וַעֲשָׂרָה דְּבָרִים הֵן עִקַּר הַגֵּרוּשִׁין מִן הַתּוֹרָה וְאֵלּוּ הֵן.

א) שֶׁלֹּא יְגָרֵשׁ הָאִישׁ אֶלָּא בִּרְצוֹנוֹ.

ב) וְשֶׁיְּגָרֵשׁ בִּכְתָב וְלֹא בְּדָבָר אַחֵר.

ג) וְשֶׁיִּהְיֶה עִנְיַן הַכְּתָב שֶׁגֵּרְשָׁהּ וֶהֱסִירָהּ מִקִּנְיָנוֹ.

ד) וְשֶׁיִּהְיֶה עִנְיָנוֹ דָּבָר הַכּוֹרֵת בֵּינוֹ לְבֵינָהּ.

ה) וְשֶׁיִּהְיֶה נִכְתָּב לִשְׁמָהּ.

ו) וְשֶׁלֹּא יִהְיֶה מְחֻסַּר מַעֲשֶׂה אַחַר כְּתִיבָתוֹ אֶלָּא נְתִינָתוֹ לָהּ [בִּלְבַד].

ז) וְשֶׁיִּתְּנֵהוּ לָהּ.

ח) וְשֶׁיִּתְּנֵהוּ לָהּ בִּפְנֵי עֵדִים.

ט) וְשֶׁיִּתְּנֵהוּ לָהּ בְּתוֹרַת גֵּרוּשִׁין.

י) וְשֶׁיִּהְיֶה הַבַּעַל אוֹ שְׁלוּחוֹ הוּא שֶׁנּוֹתְנוֹ לָהּ.

וּשְׁאָר הַדְּבָרִים שֶׁבַּגֵּט כְּגוֹן הַזְּמַן וַחֲתִימַת הָעֵדִים וְכַיּוֹצֵא בָּהֶן הַכּל מִדִּבְרֵי סוֹפְרִים:

A woman may be divorced only by receiving a bill [of divorce]. This bill is called a get.

The Torah establishes ten principles as fundamental [for a divorce to be effective]. They are:

a) That a man must voluntarily initiate the divorce;

b) That he must effect the divorce by means of a written document and through no other means;

c) That this document must communicate that he is divorcing [his wife] and releasing her from his domain;

d) That it should utterly sever the connection between the husband and his wife;

e) That [the get] should be written for the sake [of the woman being divorced];

f) That once [the get] is written, there should be no action [necessary] except its transfer to the woman;

g) That he should actually transfer [the get] to her;

h) That he should transfer [the get] to her in the presence of witnesses;

i) That he should actually transfer it to her for the sake of divorce;

j) That the husband or his agent should be the one who gives it to her.

The other requirements of a get – e.g., dating it, having it signed by witnesses and the like – are all Rabbinic institutions.

FREE WILL – ratzon:

In the Torah, we read אִם־לֹא תִמְצָא־חֵן בְּעֵינָיו – if she does not find favor in his eyes. This implies that she can only be divorced of his free will, and that the husband may not be coerced into writing a get for his wife. However, the rabbis have the authority to coerce the husband to grant a divorce. Rambam (Hilchot Girushin 2:20) explains:

שֶׁאֵין אוֹמְרִין אָנוּס אֶלָּא לְמִי שֶׁנִּלְחַץ וְנִדְחַק לַעֲשׂוֹת דָּבָר שֶׁאֵינוֹ מְחֻיָּב בּוֹ מִן הַתּוֹרָה לַעֲשׂוֹתוֹ כְּגוֹן מִי שֶׁהֻכָּה עַד שֶׁמָּכַר אוֹ עַד שֶׁנָּתַן. אֲבָל מִי שֶׁתְּקָפוֹ יִצְרוֹ הָרַע לְבַטֵּל מִצְוָה אוֹ לַעֲשׂוֹת עֲבֵרָה וְהֻכָּה עַד שֶׁעָשָׂה דָּבָר שֶׁחַיָּב לַעֲשׂוֹתוֹ אוֹ עַד שֶׁנִּתְרַחֵק מִדָּבָר הָאָסוּר לַעֲשׂוֹתוֹ אֵין זֶה אָנוּס מִמֶּנּוּ אֶלָּא הוּא אָנַס עַצְמוֹ בְּדַעְתּוֹ הָרָעָה. לְפִיכָךְ זֶה שֶׁאֵינוֹ רוֹצֶה לְגָרֵשׁ מֵאַחַר שֶׁהוּא רוֹצֶה לִהְיוֹת מִיִּשְׂרָאֵל וְרוֹצֶה הוּא לַעֲשׂוֹת כָּל הַמִּצְוֹת וּלְהִתְרַחֵק מִן הָעֲבֵרוֹת וְיִצְרוֹ הוּא שֶׁתְּקָפוֹ וְכֵיוָן שֶׁהֻכָּה עַד שֶׁתָּשַׁשׁ יִצְרוֹ וְאָמַר רוֹצֶה אֲנִי כְּבָר גֵּרֵשׁ לִרְצוֹנוֹ.

Because the concept of being compelled against one’s will applies only when speaking about a person who is being compelled and forced to do something that the Torah does not obligate him to do – e.g., a person who was beaten until he consented to a sale, or to give a present. If, however, a person’s evil inclination presses him to negate [the observance of] a mitzvah or to commit a transgression, and he was beaten until he performed the action he was obligated to perform, or he dissociated himself from the forbidden action, he is not considered to have been forced against his will. On the contrary, it is he himself who is forcing [his own conduct to become debased].

With regard to this person who [outwardly] refuses to divorce [his wife] – he wants to be part of the Jewish people, and he wants to perform all the mitzvot and eschew all the transgressions; it is only his evil inclination that presses him. Therefore, when he is beaten until his [evil] inclination has been weakened, and he consents [to the divorce], he is considered to have performed the divorce willfully.

According to Torah law, the wife does not have to consent to the divorce. However, Rabbeinu Gershom Me’or haGola (960-1040) established a cherem on any husband who divorces his wife against her will.

THE DOCUMENT– shtar

The Torah states וְכָתַב לָהּ סֵפֶר כְּרִיתֻת – and he writes for her a bill of divorcement. The essence of the get id the written declaration by the husband that he is sending his wife away (“you are hereby sent away,” “you are hereby in your own domain,” “you are hereby permitted to any man” etc.) and releasing any legal hold he may have on her. From the words וְשִׁלְּחָהּ מִבֵּיתוֹ – and he sends her from his house – we learn that the expression must specify that she is being sent away, and not vice versa. A statement such as “I am no longer your husband” would therefore not be valid; while it does include the concept of severing the marital bond, he is removing himself from her, rather than the other way around.

The get document has two parts:

Toref (“revelation”): Includes the date, names of the two parties and where they live, the place where the get was written, AND the essential declaration of divorce (Note that today we do not include the places of residence)
Tofes (“form”): The standard text, which elaborates on the nature and ramifications of divorceץ

While a get may be written in any language, common custom is for it to be written in Aramaic, using ktav Ashurit (the same letters used in Torah scrolls, mezuzot and tefillin). It is traditionally written in twelve lines (the gematria of the word גט 3+9). Note the cuts in the document; this is done after the ceremony to prevent the document from being reused.

ב ____בשבת ב ____ יום/ימים לירח ____ שנת _____ לבריאת העולם למנין שאנו מנין כאן במתא ____ דיתבא על נהר ____ ועל מי מעינות אנא ___ בן ___ המכונה ___ העומד היום ב____ מתא דיתבא על נהר ____ ועל מי מעינות צביתי ברעות נפשי בדלא אניסא ושבקית ופטרית ותרוכית יתכי ליכי אנת אנתתי ___ בת ____ העומדת היום ב____ מתא דיתבא על נהר _____ ועל מי מעינות דהוית אנתתי מן קדמת דנא וכדו פטרית ושבקית ותרוכית יתיכי ליכי דיתיהויין רשאה ושלטאה בנפשיכי למהך להתנסבא לכל גבר דיתיצביין ואנש לא ימחא בידיכי מן יומא דנן ולעלם והרי את מותרת לכל אדם ודן די יהוי ליכי מנאי ספר תרוכין ואגרת שבוקין וגט פיטורין כדת משה וישראל ____ בן _____ עד ____ בן ____ עד

On the __________ day of the week, the __________ day of the month of __________ in the year __________ after creation of the world, according to the calendaric calculations that we count here, in the city __________, which is situated on the__________ river, and situated near springs of water, I, __________ the son of __________, who today am present in the city __________, which is situated on the__________ river, and situated near springs of water, willingly consent, being under no duress, to release, discharge, and divorce you [to be] on your own, you, my wife __________, daughter of __________, who are today in the city of __________, which is situated on the__________ river, and situated near springs of water, who has hitherto been my wife. And now I do release, discharge, and divorce you [to be] on your own, so that you are permitted and have authority over yourself to go and marry any man you desire. No person may object against you from this day onward, and you are permitted to every man. This shall be for you from me a bill of dismissal, a letter of release, and a document of absolution, in accordance with the law of Moses and Israel.

_________ the son of _________ — witness

_________ the son of _________ — witness.

While the get may be written on almost anything that is not connected to the ground, it is usually written on paper. Care must be taken that the letters are written so that they cannot be erased without leaving an impression (to avoid forgery).

INTENT– lishma:

The Torah states וְכָתַב לָהּ סֵפֶר כְּרִיתֻת – and he writes her a bill of divorcement. The get must be written specifically for the divorce of this woman. If the document was written for one wife, it cannot be used to divorce another wife with the same name.

DELIVERY:

The Torah states וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ׃ – he hands it to her, and sends her away from his house. This teaches that the divorce takes effect when the get is given to her for the sake of divorce. However, the document does not have to placed directly in her hand; it can be placed in her domain (such as her house or courtyard) or given to her agent. The husband can also appoint an agent to give her the document. This leads to several possibilities:

Husband	Wife
In person	In person
In person	Agent
Agent	In person
Agent	Agent

This is based on the halachic principle of שלוחו של אדם כמותו – a person’s agent is like him, himself.

WITNESSES – eidim:

Based on the halachic principle of אין דבר שבערוה פחות משנים – no matter concerning erva (marital relationship) can be resolved by less than two witnesses (daf 2b), there must be at least two witnesses to the divorce proceedings. They are an integral part of the validity of the get process. Additionally, the divorce document, like any other record of transactions, needs witnesses to have legal status. The status of these witnesses is subject to a tannaitic debate between Rabbi Meir and Rabbi Elazar. Rabbi Meir’s opinion is עדי חתימה כרתי – the witnesses who sign are the ones who have the power to sever. In other words, the witnesses needed for the divorce are the ones who sign the get. He also requires witnesses for the act of delivery of the get, since that it what changes the woman’s status. Rabbi Elazar holds עדי מסירה כרתי – the witnesses to the delivery are the ones who have the power to sever. In his opinion, the witnesses needed for the divorce are the ones who observe the delivery of the get. However, the practice of having the witnesses sign the get was instituted for practical reasons – if the witnesses who observed the get delivery were no longer available, their signatures would prove that the woman was legally divorced. The major ramifications of this dispute are discussed on daf 86b, with the conclusion that we follow Rabbi Elazar’s opinion.

CONDITIONS – tenaim:

As with other contractual transactions, conditions may be attached (in certain circumstances) to a get. The conditions need not be written into the text of the get and can be verbally stipulated when the get is transmitted to the woman. However, the condition may not be one that requires the wife to do something, or refrain from something, for the rest of her life. This is because a life-long condition “binds” the wife to the husband forever – so she is not “severed,” which is the essential part of the get. For example, the husband can issue a get on the condition that his wife travels someplace within 1 year. If she goes there within that year, she is divorced; if she doesn’t, she is still married. However, he cannot issue a get on the condition that she never travels there.

It is interesting to note that the conditional get has historically been used in times of war to prevent aguna issues. This example was issued during WWII for Jewish soldiers from Palestine who joined the British army, and was composed by Chief Rabbi Isaac Herzog zt”l. In the event the soldier was declared missing during the war, the divorce would become effective.

Other Types of Gittin

For a yevama: If a woman’s husband dies without children, she needs either yibum (marriage to one of his brothers) or chalitza (which allows her to marry anyone else). If she undergoes yibum, that marriage is dissolved by an ordinary get. If a potential yabam issues a get prior to the yibum-marriage, by Torah law the get has no standing. By Rabbinic law, however, that get prohibits any of the other brothers from marrying her and she must undergo chalitza (Yevamot 50a).
For a slave: If a master frees a non-Jewish slave or maidservant, a get shichrur (document of manumission) is issued. The laws of the get procedure are similar to the standard get.