GittinAll 4,187 mishnayot open with Premium, from $2.60 a month.Become a premium member

The Mishnah

גיטין ג׳Gittin 3

Perek 3 of 9 in Gittin — 8 mishnayot

Checking for audio…

Mishnah 1א׳

כָּל גֵּט שֶׁנִּכְתַּב שֶׁלֹּא לְשׁוּם אִשָּׁה, פָּסוּל. כֵּיצַד. הָיָה עוֹבֵר בַּשּׁוּק וְשָׁמַע קוֹל סוֹפְרִים מַקְרִין, אִישׁ פְּלוֹנִי מְגָרֵשׁ אֶת פְּלוֹנִית מִמָּקוֹם פְּלוֹנִי, וְאָמַר, זֶה שְּׁמִי וְזֶה שֵּׁם אִשְׁתִּי, פָּסוּל לְגָרֵשׁ בּוֹ. יָתֵר מִכֵּן, כָּתַב לְגָרֵשׁ בּוֹ אֶת אִשְׁתּוֹ וְנִמְלַךְ, מְצָאוֹ בֶן עִירוֹ וְאָמַר לוֹ, שְׁמִי כִשְׁמֶךָ וְשֵׁם אִשְׁתִּי כְשֵׁם אִשְׁתֶּךָ, פָּסוּל לְגָרֵשׁ בּוֹ. יָתֵר מִכֵּן, הָיוּ לוֹ שְׁתֵּי נָשִׁים וּשְׁמוֹתֵיהֶן שָׁווֹת, כָּתַב לְגָרֵשׁ בּוֹ אֶת הַגְּדוֹלָה, לֹא יְגָרֵשׁ בּוֹ אֶת הַקְּטַנָּה. יָתֵר מִכֵּן, אָמַר לַלַּבְלָר, כְּתֹב לְאֵיזוֹ שֶׁאֶרְצֶה אֲגָרֵשׁ, פָּסוּל לְגָרֵשׁ בּוֹ:

Every get which was not written specifically for that woman is invalid. How so? If he were passing through the market and heard the voices of scribes calling [to their apprentices: When someone comes for a get, write it thus:] "This and this man divorces this and this woman, from this and this place," and he said: "That is my name, and that is the name of my wife," it is invalid as a divorce. Even more: If he wrote it to divorce his wife therewith [i.e., not only is a get not written for divorce but for practice invalid; but even one written for the sake of divorce], if he changed his mind, and one of his townsmen found it, and said: "My name is the same as yours, and my wife's name, the same as your wife's name," it is invalid as a divorce. Even more, if he had two wives with the same name, and he wrote it to divorce the elder, he may not divorce the younger with it. [Not only is it invalid if it were not written for the sake of divorce of this man, but even if one had two wives, in which instance it was written for the sake of divorce of this man, it is invalid, since it was not written for the sake of divorce of this particular woman. (elder, younger:) not necessarily.] Even more, if he said to the scribe: "Write it for me to divorce whichever wife I choose," it is invalid as a divorce. [We are hereby apprised that we do not say that it is established retroactively that when he wrote it, too, it was this wife that he intended, so that there is (a bona fide) divorce vis-à-vis both him and her.]

Mishnah 2ב׳

הַכּוֹתֵב טָפְסֵי גִטִּין, צָרִיךְ שֶׁיַּנִּיחַ מְקוֹם הָאִישׁ וּמְקוֹם הָאִשָּׁה וּמְקוֹם הַזְּמַן. שְׁטָרֵי מִלְוֶה, צָרִיךְ שֶׁיַּנִּיחַ מְקוֹם הַמַּלְוֶה, מְקוֹם הַלֹּוֶה, מְקוֹם הַמָּעוֹת וּמְקוֹם הַזְּמַן. שְׁטָרֵי מִקָּח, צָרִיךְ שֶׁיַּנִּיחַ מְקוֹם הַלּוֹקֵחַ וּמְקוֹם הַמּוֹכֵר וּמְקוֹם הַמָּעוֹת וּמְקוֹם הַשָּׂדֶה וּמְקוֹם הַזְּמַן, מִפְּנֵי הַתַּקָּנָה. רַבִּי יְהוּדָה פוֹסֵל בְּכֻלָּן. רַבִּי אֶלְעָזָר מַכְשִׁיר בְּכֻלָּן, חוּץ מִגִּטֵּי נָשִׁים, שֶׁנֶּאֱמַר (דברים כד) וְכָתַב לָהּ, לִשְׁמָהּ:

If one writes the tofess of gittin [If a scribe desires to have them ready for one who may come for a get while he is busy with other writs], he must leave blank the places for the man, the woman, and the date. [The gemara adds: also the place for: "You are permitted to all men."] (If one writes) bills of loan, he must leave blank the places for the borrower, the lender, the sum, and the date. (If one writes) bills of sale, he must leave blank the spaces for the buyer, the seller, the sum, the field, and the date — because of the ordinance. [They permitted the writing of tofsim of gittin and bills, (even) not for an actual instance because of the ordinance (for the sake) of the scribe, that they be ready for him, so long as he leaves the toref for writing lishmah (to its particular end). And the toref of other bills is decreed (as requiring lishmah) because of the toref of gittin.] R. Yehudah forbids it with all, [the tofess being subsumed in the decree because of the toref; and other bills, because of gittin.] R. Elazar permits it with all, [other bills not being subsumed in the decree because of gittin], except for the gittin of women, it being written (Deuteronomy 24:1): "And he shall write to her" — lishmah. [And the tofess is subsumed in the decree because of the toref. The halachah is in accordance with R. Elazar.]

…and 4 more mishnayot in this perek.

Become a premium member

Or start free — a free account opens your first 5 gematria searches in full. Create free account

The daily learning is free on your account, every day.

Mishnah, Torat Emet 357 edition, via Sefaria — public domain

English: The Mishna with Obadiah Bartenura, tr. Rabbi Shraga Silverstein, via Sefaria — CC BY