Gittin 22b (כב:) — the Talmud in English

Rabbi Eliezer

son of Shemu'a, the tanna,

is the one who said: The witnesses to the delivery effect the divorce,

meaning that the witnesses to the delivery are the essential element of the get, and it is impossible to divorce without them; and when the woman comes to marry, she must bring those witnesses before whom the get was delivered. Therefore, there is no concern that perhaps the woman will forge the get and omit a condition that had been written in it, since the witnesses to the delivery must read the get at the time it is delivered, and if there is a condition in it, they will remember it.

But according to Rabbi Meir, who says that the witnesses’ signatures effect the divorce, and that witnesses to the delivery are not needed at all for a get, when the woman comes to marry she need not bring the witnesses who signed it. Rather, she presents the get and verifies the witnesses’ signatures through witnesses who recognize those signatures. Therefore, there is concern that perhaps some condition was written in the get, and she can forge it without this being recognized.

And Rabbi Elazar said: Rabbi Elazar did not deem valid

a get written on erased paper or diftara,

except immediately,

on the very day it was delivered, when she can bring it before the court [together with the witnesses to the delivery], and they will permit her to marry, since on that day the witnesses still remember its contents.

But from then until ten days, no!

Because

we are concerned that perhaps there had been a condition in it,

perhaps some condition had been written in the get,

and you forged it,

meaning that she erased it and forged the get, while the witnesses had already forgotten the condition.

And Rabbi Yohanan said: Even from then until ten days

it is valid.

For if there had been a condition in it, they would certainly remember it.

Even after a long time, the witnesses still remember its contents.

And Rabbi Elazar said: Rabbi Elazar deemed valid only a get,

since it is intended only to permit the woman to marry, and she can immediately bring the get before the court, which will permit her to marry; she will then no longer need to present the get, since once she has been permitted by the court, the matter becomes known and people remember it.

But with other documents,

which are intended to remain in force for a long time, for the collection of debts,

no!

They are not valid if written on material that can be forged. For the creditor may produce the document only after a long time, when the witnesses to the delivery have already forgotten it, and we rely solely on the witnesses’ signatures, and he forges its contents, leaving only the witnesses’ signatures in place.

As it is written

in the Book of Jeremiah concerning bills of sale: “

And place them in an earthen vessel, so that they may last for many days,”

indicating that a document must be made of material fit to endure and remain intact.

And Rabbi Yohanan said: Even in

other

documents

Rabbi Elazar deemed a document written on material that can be forged valid, despite the fact that such a document could be used only immediately. For Rabbi Yohanan holds that only with regard to a get do the witnesses remember even after a long time, but not with regard to other documents, which contain many conditions [Tosafot].

And we challenge this:

But it is written “

so that they may last for many days,”

which implies that a document is valid only if it can also be used for a long time! And we answer:

There, it teaches good advice

Jeremiah is teaching that they should place the document in an earthen vessel so that it will last for many days. The same applies to writing it on material that cannot be forged, so that it can be used for many days. But this is not a condition for the document’s validity; rather, even a document that is intended for immediate use בלבד is valid.

Mishna:

Everyone is fit to write a get, even a deaf-mute, a mentally incompetent person, and a minor.

A woman may write her own get,

and transfer ownership of it to her husband, and he then gives it back to her for the sake of divorce.

And a man may write his receipt,

the document of proof that the woman gives her husband for payment of the marriage contract; he may write it in her place and give it to the woman, so that she can have witnesses sign it and return it to him.

For validation of the get is only through its signatures!

This will be explained in the Gemara.

Gemara:

And we raise a difficulty: How does the Mishna validate a deaf-mute, a mentally incompetent person, and a minor to write a get?

But they are not capable of understanding,

and do not know to write the get for her sake!?

And we answer:

Rav Huna said: