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1) WHO MAY WRITE A GET

(a) (Mishnah): Anyone may write a Get, even a deaf person, lunatic or minor.
(b) A woman may write her own Get, a husband can write the receipt (in which his wife admits that she received the Kesuvah), since a document is only validated through its signatures.
(c) (Gemara) Question: Why is the Get of a deaf person, lunatic or minor valid - they lack understanding!
(d) Answer #1 (Rav Huna): The case is, an adult supervises them.

1. Question (Rav Nachman): If so - would adult supervision enable a Nochri to write a Get?!

i. If you will say it does - but a Beraisa says that if he writes it, it is invalid!

2. Answer: A Nochri is different - he writes for his own reason (but a deaf person, lunatic or minor writes according to what the adult tells him).
3. Retraction (Rav Nachman): I erred - since a Mishnah says that a Nochri cannot be an agent to give a Get, we infer that he can write one.
4. Question: But a Beraisa says that if he writes it, it is invalid!
5. Answer: That Beraisa is as R. Elazar, who says that a Get is empowered by the witnesses that saw it given, and the Get must be written Lishmah (for the sake of the woman being divorced).

i. Clearly, a Nochri writes for whomever he wants, and it is not Lishmah.

(e) Answer #2 (To question 3:c (22B) - Rav Nachman): (The Mishnah is as R. Meir;) according to R. Meir, even if a Get was found in the trash, if it was signed and given it is valid.

1. Question (Rava - Beraisa): "He will write for her" - Lishmah.

i. Suggestion: This refers to writing the text of the Get.

2. Answer #1 (Rav Nachman): No - it refers to the signatures of the witnesses (they must sign Lishmah).
3. Question (Rava - Beraisa): Any Get written without a particular woman in mind is invalid.
4. Answer #1 (Rav Nachman): It means, any Get signed without a particular woman in mind is invalid.
5. Question (Rava - Beraisa): When he writes it, it is as if he writes it Lishmah.
6. Suggestion: This means, when he writes the Toref (essential part) Lishmah, it is as if he writes the Tofes (the standard part which is the same on every Get) Lishmah.
7. Answer #1 (Rav Nachman): No - It means, when he has witnesses sign the Get Lishmah, it is as if he wrote it Lishmah.
8. Answer #2 (To all 3 questions - Rav Nachman): These Beraisos are as R. Elazar (who requires a Get to be written Lishmah).

(f) Answer #3 (To question 3:c (22B) - Rav Yehudah): A deaf person, lunatic or minor may write the Tofes, but a proper adult must write the Toref; the Mishnah is as R. Elazar.
(g) (R. Zrika, citing R. Yochanan): The Mishnah is as R. Meir; it teaches that a Get need not be Lishmah at all.
(h) Contradiction: But Rabah bar bar Chanah cited R. Yochanan as saying that the Mishnah is as R. Elazar!
(i) Resolution: Amora'im argue regarding R. Yochanan's opinion.

(a) (Mishnah): Anyone may be an agent to bring (i.e. give) a Get, except for a deaf person, lunatic or minor, a blind person, or a Nochri.
(b) If a minor was made an agent, and became an adult (and then gave it); a deaf, blind or insane person, and he became healthy; a Nochri and he converted - the Get is invalid.
(c) If a healthy adult was made an agent, and he became deaf, blind or insane, and he became healthy again (and then gave it), the Get is valid.

1. The rule is: whenever the agent was intelligent when appointed and when he gives it, it is valid.

(d) (Gemara): We understand why a deaf person, lunatic or minor are invalid - they lack intelligence.

1. We understand why a Nochri is invalid - divorce does not apply to him.

(e) Question: Why can't a blind person be an agent?
(f) Answer #1 (Rav Sheshes): Because he doesn't know who gave it to him, and to whom he gives it.
(g) Objection (Rav Yosef): If a blind person cannot recognize people - how is a blind man permitted to have relations with his wife (perhaps it is another man's wife)? How is anyone permitted to have relations at night (when he cannot see)?

1. You must say, he can recognize people by their voices - therefore, he could recognize the giver and receiver of a Get!

(h) Answer #2 (Rav Yosef): The Mishnah speaks of a Get from Chutz La'aretz; the agent must say it was written and signed in front of me, and a blind person cannot say this.
(i) Question (Abaye): If so, a seeing person that was made an agent, and became blind - he should be able to give the Get!
(j) Answer (Rav Yosef): That is correct!
(k) Question (Abaye): But the Mishnah says - if a seeing person was appointed, and he became blind, and he became healthy again, the Get is valid - we infer, had he not returned to health, it would be invalid!
(l) Answer (Rav Yosef): Really, even if he remained blind it is valid. The Mishnah said that he returned to health for parallel structure to the case of going insane, where it is only valid if he returns to sanity.

1. Support (Rav Ashi): The end of the Mishnah supports this: whenever the agent was intelligent when appointed and when he gives it, it is valid.

i. It does not say, the agent must be qualified when appointed and when he gives it - we hear, it is valid even if he is blind when he gives it.

(a) Question: Can a slave be an agent to receive a Get of divorce?
(b) Answer #1 (R. Ami): The Mishnah only disqualifies a Nochri - we infer, a slave can be an agent.

(c) Answer #2 (R. Asi): He cannot be an agent, since engagement and divorce do not apply to him.
(d) Question (R. Elazar): If his only disqualification is that engagement and divorce do not apply to him - this implies, by something which applies to him, he can be an agent!

1. But Terumah applies to Nochri and Kusim, yet they cannot be agents to separate Terumah!

i. (Mishnah): A Nochri or Kusi that separated Terumah on his own produce - it is Terumah.
ii. (Mishnah): A Nochri separated Terumah on the produce of a Yisrael - even if he was authorized to do so, it does not become Terumah.

2. Suggestion: The reason is, it says "Also you" (by the source for making an agent) - the agent must resemble the one who appoints him, he must also be a Yisrael.
3. Answer (d'Vei R. Yanai): No - the agent must resemble the one who appoints him, he must also be in the covenant of circumcision.

(e) (R. Chiya bar Aba, citing R. Yochanan): A slave cannot be an agent to receive a Get of divorce, since engagement and divorce do not apply to him.

1. Even though a Beraisa teaches: A man told his slave: 'You remain a slave, your child is free' - if she was pregnant, she acquires freedom on behalf of the fetus.

(f) Question: What is the connection? The reason a slave cannot be an agent to receive a Get of divorce (because engagement and divorce do not apply to him) does not apply to receiving a Get of freedom!
(g) Answer (Rav Shmuel bar Yehudah): R. Yochanan teaches 2 laws. (A slave cannot be an agent to receive a Get of divorce, and the following.)

1. A slave can receive a Get of freedom on behalf of a slave of a different master, but not for a slave of his master.
2. Question (Beraisa): A man told his slave...she acquires freedom on behalf of the fetus!
3. The answer to this was said by 2 giants of the generation - R. Zeira and R. Shmuel bar R. Yitzchak.

i. One said: the Beraisa is as Rebbi, who says that one who frees half his slave, this takes effect.
ii. The other said: Rebbi holds that a fetus is considered part of his mother; freeing the fetus is like freeing a limb of the mother.

(a) (Mishnah): The following relatives of a woman (Sarah) are suspected to hate her: her mother-in-law; the daughter of her mother-in-law; her co-wife; her husband's brother's wife; and her husband's daughter (from another woman). Any of these is not believed to say that Sarah's husband died, perhaps they are lying, intending that Sarah will remarry and suffer awesome punishment. Such relatives are believed to bring a Get to Sarah.

1. Question: Why are they believed by a Get, but not to say that the husband died?
2. Answer: The Get she holds proves that she is not lying.

(b) A woman can bring her own Get; she must say 'It was written and signed in front of me'.
(c) (Gemara - Beraisa) Contradiction: Just as these relatives are not believed to say that her husband died, they are not believed to bring her Get.
(d) Answer #1 (Rav Yosef): Our Mishnah speaks of a Get brought within Eretz Yisrael - since the messenger does not need to make a declaration, the relative is believed;

1. The Beraisa speaks of a Get brought from Chutz La'aretz - since the messenger must say 'It was written and signed in front of me', the relative is not believed.

(e) Question (Abaye): Just the opposite! Regarding a Get brought within Eretz Yisrael, if the husband comes and denies having sent the Get, we will suspect that is true (since no declaration was made), - the relative should not be believed, perhaps she wants to make Sarah stumble.

1. By a Get brought from Chutz La'aretz - since the messenger must say 'It was written and signed in front of me', the husband will not be heeded if he denies having sent the Get, the relative should be believed.

(f) Support (for Abaye - Beraisa - R. Shimon ben Elazar): A Kal va'Chomer teaches that a woman is believed to bring her own Get.

1. The relatives that are not believed to say that Sarah's husband died are believed to bring Sarah's Get - Sarah herself, who is believed to say that her husband died, all the more so she should be believed to bring her own Get.
2. Since the source for Sarah bringing her own Get is from a suspected relative, and the relative would have to say 'It was written and signed in front of me' - Sarah herself must say this, too.

(g) (Rav Ashi): The Mishnah also supports Abaye - it says, a woman can bring her own Get, just she must say 'It was written and signed in front of me' - this shows, the Mishnah speaks of a Get from Chutz La'aretz.