Talmud Bavli
Talmud Bavli

Commentary for Gittin 8:1

והני גמירי ומר סבר לפי שאין עדים מצויין לקיימו והני נמי לא שכיחי

and he excepts the bearer of a Get from Eretz Israel because there they are familiar, whereas the other authority held the reason to be because it is not easy to find witnesses to confirm the signatures, and this applies to 'foreign parts' also? — No. Rabbah can account for the difference in his way and Raba in his way. Rabbah explains thus: Both authorities are agreed that the reason for requiring the declaration is because of the unfamiliarity [of the Jews outside Eretz Israel] with the rule of 'special intention', and where they diverge is on the question whether we extend the obligation properly meant for the bearer from foreign parts to the bearer to foreign parts, one holding that we do make this extension, the other that we do not. Raba explains thus: Both authorities agree that the reason for requiring the declaration is because it is not easy to find witnesses to confirm the signatures, and the Rabbis mentioned in the second clause merely made explicit what was in the mind of the first Tanna.

Tosafot on Gittin

"We learned in the mishna: One who brings a bill of divorce from one region to another region within a country overseas" - And from the first part of the Mishna "One who brings a bill of divorce from a country overseas" implies specifically from a country overseas to the land of Israel. It is not possible to apply [this rule (of saying it was written and signed before me)] that really in the same country overseas one also needs [to say it was written and signed before me]. This [example (of one who brings a bill of divorce from a country overseas)] was taken to exclude Rekem and Heger [from the rule of saying it was written and signed before me].
Ask RabbiBookmarkShareCopy
Full ChapterNext Verse