Gittin 2a (ב.) — the Talmud in English

Introduction The first Mishna deals with the enactment of the Sages that every agent who brings a get from the husband in order to divorce his wife with it, if the agent brought it from overseas to Eretz Yisrael, must say before giving it to her: “It was written in my presence and it was signed in my presence” this get. According to Rabba in the Gemara [2a], the reason for this statement is that the inhabitants of overseas are not expert in lishma — they do not know that the get must be written specifically for this woman who is being divorced, and the absence of writing it lishma for this particular woman invalidates the get. Therefore, the Sages enacted that the agent should say, “It was written in my presence and it was signed in my presence,” and we will ask him whether it was done lishma. But according to Rava, the reason for the statement is that witnesses are not available to authenticate it — there are no witnesses in Eretz Yisrael who recognize the signatures of the inhabitants of overseas. That witnesses should come from overseas to Eretz Yisrael in order to authenticate the signatures is uncommon, since caravans are not regularly found. Therefore, the Sages enacted that the agent should say, “It was written in my presence and it was signed in my presence,” and this statement is considered an “authentication” of the signatures of the witnesses on the get. According to Rashi, all of overseas is called “overseas.” But according to Tosafot [beginning with the words “overseas”], and according to the other Rishonim, only distant places are called this, excluding places adjacent to Eretz Yisrael and enclaves within it. MISHNA:

One who brings a get from overseas,

an agent for delivery, who was appointed by the husband, who is staying overseas, to transport the get and give it to his wife, who is in Eretz Yisrael,

must say

the agent, when he comes to give her the get:

“It was written in my presence”

this get,

“and it was signed in my presence”

by the witnesses.

Rabban Gamliel says: Even

an agent

who brings

a get

from Rekem

(Kadesh),

and from Hagar

(Berad — places mentioned in Genesis, chapter 16), which are adjacent to Eretz Yisrael, must say this. These towns are located on the eastern side of Eretz Yisrael, toward the south.

Rabbi Eliezer says: Even

an agent who brings a get

from Kfar Ludim,

which is a town outside Eretz Yisrael very close to Eretz Yisrael, and even enclosed within its boundaries on three sides [and the people of Lod are always found there — Tosafot],

to Lod,

which belongs to Eretz Yisrael and is adjacent to it, must also say, “It was written in my presence and it was signed in my presence.”

Rabbi Eliezer’s reason is explained in the Gemara on 4a: so that you should not distinguish between places in overseas. That is, since the Sages decreed concerning one who brings a get from a distant place — for the reasons that will be explained in the Gemara — they did not distinguish between a distant place and a nearby place; their laws are the same, requiring an agent who brings a get from there to say, “It was written in my presence and it was signed in my presence.”

And the Sages say:

the agent

need not say, “It was written in my presence and it was signed in my presence”; rather, one who brings

a get

from overseas

to Eretz Yisrael,

or one who transports

a get from Eretz Yisrael to overseas.

And

even

one who brings

a get

from one country

to

another country

elsewhere

in overseas must

the agent

say: “It was written in my presence and it was signed in my presence.”

The Gemara explains that even from one city to another in overseas one must make the statement according to Rabba, because the reason is that the inhabitants are not expert in lishma. But according to Rava, witnesses are available to authenticate a get brought from one city to another, and no statement is required.

Rabban Shimon ben Gamliel

adds

and says: Even

one who brings a get from one principality called

Hegmonia

after the hegemon who rules it

to

Hegmonia

another, ruled by a different hegemon, even though both are in the same city, must say, “It was written in my presence and it was signed in my presence,” if they are careful not to allow the inhabitants of one Hegmonia to enter the other Hegmonia. According to Rava, this is because witnesses are not available to authenticate the get. Rabba is also concerned for this reason, even where there is no concern regarding lishma [as explained in the Gemara at the end of 4b].

In order to clarify which places are called “overseas” on the various sides of Eretz Yisrael [north, east, and south — excluding the western side, where the sea is the boundary], Rabbi Yehuda specifies the names of the cities situated in each direction.

Rabbi Yehuda says: From Rekem

which is located on the eastern side of Eretz Yisrael, and onward

in

the direction of

the east,

it is considered outside Eretz Yisrael.

And Rekem

itself is considered

like the east,

which is outside Eretz Yisrael.

From Ashkelon,

which is located in the south of Eretz Yisrael, and onward

in

the direction of

the south,

it is like outside Eretz Yisrael.

And Ashkelon

itself is considered

like the south,

which is outside Eretz Yisrael.

From Akko,

which is located in the north of Eretz Yisrael, and onward

in

the direction of

the north,

it is like outside Eretz Yisrael.

And Akko

itself is considered

like the north,

which is outside Eretz Yisrael.

But

Rabbi Meir

disagrees

and says: Akko

is considered

like Eretz Yisrael for

the matter of

divorce documents,

and one who brings a get from there need not say, “It was written in my presence and it was signed in my presence.”

Tosafot on 2a, in the passage beginning with the words “and Ashkelon,” cites Rabbeinu Tam as saying that Akko is half in Eretz Yisrael and half outside Eretz Yisrael. Nevertheless, even one who brings a get from its southern half, which belongs to Eretz Yisrael, must say, according to Rabbi Yehuda, “It was written in my presence and it was signed in my presence,” since it is situated at the end of the border and is distant from the center of Jewish settlement, where the yeshivot and batei din are located.

And the Mishna concludes:

An agent

who brings a get

from one place to another

within Eretz Yisrael need not say, “It was written in my presence and it was signed in my presence,”

since in Eretz Yisrael everyone is expert in lishma, and caravans traveling from place to place are readily found.

Therefore,

if there are challengers against it —

that is, the husband challenges it and claims that it is forged —

it shall be authenticated

the get

through its signatures,

meaning that the witnesses who signed it will come and confirm that these are their signatures, or that others who recognize their signatures will come and identify them.

However, if there is no challenge, the get is presumed valid, for the reason explained.

GEMARA:

And we raise a question concerning it:

What is the reason?

What is the reason for the enactment of the Sages that the agent should say, “It was written in my presence and it was signed in my presence”?

The Gemara presents two explanations: