Talmud Bavli
Talmud Bavli

Halakhah for Gittin 42:1

לא אפשר למקצייה אלא קרן של פרה ליקצייה וליתביה לה

, because it is not possible to cut off the hand [and give it to her]. But where [it is written] on the horn of an ox [why need the ox be given to her]? Let the husband cut it off and give it to her? — Scripture says, He shall write and give to her.<span class="x" onmousemove="('comment',' Deut. XXIV, 1. ');"><sup>1</sup></span>

Shulchan Arukh, Even HaEzer

Ask RabbiBookmarkShareCopy

Shulchan Arukh, Even HaEzer

We don't write a divorce document on [something] attached, even if he gives to her the attached thing as it is, since we need "and he puts it in her hand" (Deuteronomy 24:1). And even if the witnesses signed after it was detached, and then he gives it to her, it's not a [valid] divorce document. And if he wrote it on a leaf that was planted in a flowerpot (explanation: like a half potter pot that you plant in it) that was holed, even though he gave her the entire flowerpot, it's invalid, lest it be cut off. But he [can] write it on the pottery of a flowerpot and give it to her, and provided there are witnesses of the exchange in front of us, since pottery is something that can be forged. Ram"a: The same law applies to a flowerpot that is not holed; and some say that when it's not holed we don't decree perhaps it will be cut off (you will find the two opinions explained in the Beit Yosef).
Ask RabbiBookmarkShareCopy
Full ChapterNext Verse