Gittin 45
והוא שהיה גדול עומד על גביו
[They are permitted] only if an adult is standing by them [and telling them to write for such-and-such a purpose]. Said R. Nahman to him: If that is so, then if a heathen [writes] while a Jew stands by him, [the Get] ought still to be valid? And should you say that this actually is so, has it not been taught that a heathen is not qualified [for this purpose]? — A heathen will follow his own idea.<span class="x" onmousemove="('comment',' And not write with special reference to the woman concerned, even if he is told. ');"><sup>1</sup></span>
א"ל רב נחמן אלא מעתה עובד כוכבים וישראל עומד על גביו הכי נמי דכשר וכי תימא ה"נ והתניא עובד כוכבים פסול עובד כוכבים לדעתיה דנפשיה עבד
Later R. Nahman corrected himself, saying: What I said was all wrong. For since [the Mishnah] expressly disqualifies a heathen from being the bearer [of a Get],<span class="x" onmousemove="('comment',' Infra. ');"><sup>2</sup></span>
הדר אמר רב נחמן לאו מילתא היא דאמרי דמדקא פסיל ליה לעובד כוכבים לענין הבאה מכלל דלענין כתיבה כשר
we may infer that he is qualified to write one. But is it not taught that he is disqualified? — That is in accordance with the view of R. Eleazar, who said that the witnesses to delivery make [the Get] effective and [consequently] that it must be written with 'special intention'<span class="x" onmousemove="('comment',' Since he considers signatures not essential for the Get, the words and he write for her are to be interpreted as requiring writing with 'special intention', v. infra. ');"><sup>3</sup></span>
אמר רב נחמן אומר היה ר"מ אפי' מצאו באשפה חתמו ונתנו לה כשר
R. Nahman said: R. Meir used to say that even if [the Get] was found on a rubbish heap and was then signed and given to the wife, it is valid.<span class="x" onmousemove="('comment',' According to another interpretation we translate above, instead of 'and certainly the heathen etc.' 'But will not the heathen etc.' the words being an objection raised by R. Nahman's interlocutor, and the next statement is R. Nahman's reply. ');"><sup>4</sup></span>
איתיביה רבא לרב נחמן (דברים כד, א) וכתב לה לשמה מאי לאו כתיבת הגט לא חתימת עדים
Raba raised an objection to this: [The Scripture says], 'he shall write for her', [which we interpret to mean] 'expressly for her name' — Does not this refer to the actual writing of the Get? — No: it refers to the signing by the witnesses, Raba raised another objection: [We have learnt that] 'any Get that is not written expressly for the woman [to be divorced] is invalid'? — Read 'that is not signed expressly.' He again raised an objection: [It has been taught] When he writes, it is as if he writes it expressly 'for her name.' Does not this mean that if he writes the substantive part 'for her name' it is reckoned as if he had written the formal part also 'for her name'? — No: what it means is that if he has it signed expressly 'for her name', it is as if he had written it also expressly 'for her name'. Or if you prefer I can answer that these teachings follow R. Eleazar who says that the witnesses to delivery make [the Get] effective.
איתיביה רבא כל גט שנכתב שלא לשום אשה פסול אימא שנחתם שלא לשום אשה פסול
Rab Judah said in the name of Samuel that [a deaf-mute etc. is qualified to write] only if he leaves the formal part a blank. So too said R. Haga in the name of 'Ulla: [A deaf-mute etc. is qualified to write] only if he leaves the formal part a blank. [The Mishnah thus] follows R. Eleazar. R. Zerika, however, said in the name of R. Johanan: This is not Torah.<span class="x" onmousemove="('comment',' By allowing a deaf-mute etc. to write. ');"><sup>5</sup></span>
איתיביה כשהוא כותבו כאילו כותבו לשמה מאי לאו כשהוא כותבו לתורף לשמה כאילו כותבו לטופס לשמה
What does he mean by saying, 'This is not Torah'? — Said R. Abba: Here [the Mishnah] makes known to us that there is no force in [the ruling that the Get should be written with] 'special intention', and it follows the view of R. Meir who said that it is the signatures of the witnesses which make [the Get] effective. But did not Rabba b. Bar Hana say in the name of R. Johanan that [the Mishnah] follows Rabbi Eleazar? — Two Amoraim<span class="x" onmousemove="('comment',' K. Zerika and Rabbah b. Bar Hanah. ');"><sup>6</sup></span>
ורב יהודה אמר שמואל והוא ששייר מקום התורף וכן א"ר חגא משמיה דעולא והוא ששייר מקום התורף ור"א היא
<b><i>MISHNAH</i></b>. ALL [PERSONS] ARE QUALIFIED TO ACT AS BEARERS OF A GET EXCEPT A DEAF-MUTE, A LUNATIC, AND A MINOR, A BLIND MAN AND A HEATHEN. IF AFTER BEING ENTRUSTED [WITH THE GET BUT BEFORE DELIVERING IT] THE MINOR BECAME OF AGE OR THE DEAF-MUTE RECOVERED HIS SPEECH OR THE BLIND PERSON HIS SIGHT OR THE LUNATIC HIS REASON OR THE HEATHEN BECAME A PROSELYTE, [THE GET] IS [STILL] INVALID. BUT IF THE BEARER [BEING ORIGINALLY] OF SOUND SENSES BECAME A DEAF-MUTE AND THEN RECOVERED HIS SPEECH, OR [BEING] WITH SIGHT BECAME BLIND AND RECOVERED HIS SIGHT, OR [BEING] SANE BECAME INSANE AND RECOVERED HIS REASON, [THE GET] IS VALID. THE GENERAL PRINCIPLE IS THAT ANY BEARER WHO COMMENCES AND FINISHES [HIS MISSION] IN FULL POSSESSION OF HIS MENTAL FACULTIES<span class="x" onmousemove="('comment',' Lit., 'of knowledge'. ');"><sup>7</sup></span>
והאמר רבה בר בר חנה אמר רבי יוחנן ר"א היא אמוראי נינהו ואליבא דר' יוחנן:
<b><i>GEMARA</i></b>. We understand a deaf-mute, a lunatic, and a minor being disqualified, because they do not know what they are doing; also a heathen, because in any case he himself cannot release.<span class="x" onmousemove="('comment',' Since the Jewish law of marriage and divorce does not apply to him, and he cannot do on behalf of another what he cannot do on behalf of himself. ');"><sup>8</sup></span>
<big><strong>מתני׳</strong></big> הכל כשרין להביא את הגט חוץ מחרש שוטה וקטן וסומא ועובד כוכבים
But why should a blind person be disqualified? — R. Shesheth says: Because he does not know from whom he takes [the Get] and to whom he delivers it. R. Joseph strongly demurred to this. In that case, [he said,] how is it permitted to a blind man to associate with his wife, or to any men to associate with their wives at night time? Is it not by recognising the voice? So here, [a blind person] can recognise the voice! No, said R. Joseph; the fact is that here we are speaking of [a Get brought from] foreign parts, [the bearer of which] has to declare, 'In my presence it was written and in my presence it was signed', and a blind man cannot say this. Said Abaye to him: If that is so, then a person who becomes blind [after receiving the Get] ought to be qualified, and yet [the Mishnah] states expressly that IF [BEING] WITH SIGHT HE BECAME BLIND AND RECOVERED HIS SIGHT [THE GET] IS VALID, which shows [it is valid] only if he recovered his sight, but if he did not recover his sight that he is not qualified? — He is qualified even if he does not recover his sight. Since, however, the Mishnah employed the formula, 'OR [BEING] SANE HE BECAME INSANE AND RECOVERED HIS REASON' — which was necessary in that case because the reason [why it is valid] is because he recovers his reason, but if he does not recover it, [the Get] is not valid — it uses a similar wording in the next clause: 'BEING WITH SIGHT HE BECAME BLIND AND RECOVERED HIS SIGHT. Said R. Ashi: There is an indication of this in [the language of] the Mishnah itself, since it says: THIS IS THE GENERAL PRINCIPLE; ANY BEARER WHO IS IN FULL POSSESSION OF HIS MENTAL FACULTIES AT THE BEGINNING AND END [OF HIS MISSION] IS QUALIFIED, and it does not say, 'anyone who is qualified at the beginning and end [of his mission].' This shows [that what was said above about the bearer who becomes blind, is correct].<span class="x" onmousemove="('comment',' [The stress is laid on the possession of mental faculties at the beginning and the end but not of sight provided it was there at the beginning enabling him to make the necessary declaration.] ');"><sup>9</sup></span>
קיבל הקטן והגדיל חרש ונתפקח סומא ונתפתח שוטה ונשתפה עובד כוכבים ונתגייר פסול
A question was put to R. Ammi: May a slave be made an agent on behalf of a woman to receive her writ of divorce from her husband? — He replied: Since the [Mishnah] declares a heathen disqualified,<span class="x" onmousemove="('comment',' To become the bearer of the Get, which includes his acting as the wife's agent to receive the Get. ');"><sup>10</sup></span>