Gittin 22b — the Talmud in English

Rabbi Eliezer

son of Shammua, the tanna

is the one who said: the witnesses of delivery effect [the divorce],

for the witnesses of delivery are the principal element of the get, and it is impossible to divorce without them; and likewise, 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 remove from it a condition that had been written in it, for the witnesses of delivery are required to read the get at the time of its delivery, and if there is a condition in it, they will remember it.

But according to Rabbi Meir, that the witnesses of signature effect [the divorce], and witnesses of delivery are not needed at all for the get, the woman does not need to bring the witnesses of signature when she comes to marry. Rather, she presents the get and confirms the signatures of the witnesses by means of witnesses who recognize the 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 validate

a get that was written on erased paper or diphtara

except immediately,

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

But from then until ten days, no!

For

we are concerned that perhaps there was a condition in it,

perhaps some condition had been written in the get,

and you forged it,

and she erased it and forged the get, and 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 remember it well.

For even after a long time the witnesses still remember its contents.

And Rabbi Elazar said: Rabbi Elazar validated only a get,

which is intended only to permit the woman to marry, and she can bring the get immediately to the court, and they will permit her, and she will no longer need to present the get, since once she was permitted by the court, the matter has publicity, and they remember it.

But with other documents,

which are intended for a long period for the collection of debts,

no!

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

For it is written

in the Book of Jeremiah concerning deeds of sale: “

and place them in an earthen vessel, so that they may remain for many days,”

thus, the document must be made from something fit to remain and endure.

And Rabbi Yohanan said: even in

other

documents

Rabbi Elazar validated [them] on something that can be forged, despite the fact that they will not be able to use such a document except immediately. For only concerning a get does Rabbi Yohanan hold that the witnesses remember even after a long time, but not concerning other documents, which contain many conditions [Tosafot.

And we raise an objection:

but it is written “

so that they may remain for many days,”

and it implies that the document is not valid unless it can also be used for a long time!? And we answer:

there, it teaches good advice

Jeremiah [gave]: that they should place the document in an earthen vessel, so that it can remain for many days. And the same applies to their writing it on something 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 used only immediately is valid.

Mishna:

All are valid to write the get, even a deaf-mute, an imbecile, and a minor.

The woman writes her get,

and transfers ownership of it to her husband, and he in turn gives it to her for the sake of divorce.

And the man writes his receipt,

the document of proof that the woman gives her husband for payment of the marriage settlement; he may write it in her place and deliver it to the woman, so that she has witnesses sign it and returns it to him.

For the validation of the get is only by its signatures!

And this will be explained in the Gemara.

Gemara:

And we inquire concerning it: how does the Mishna validate the deaf-mute, the imbecile, and the minor to write a get?

But they are not capable of understanding,

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

And we answer:

Rav Huna said: