Friday 1 January 2016

Gittin 19: Signatures; Invalidating a Get

The get can be written on anything 'permanent', including a cow's horn, an olive leaf or a slave's hand - as long as these are given to the woman to 'keep'.  Any ink can be used, as long as it cannot be washed away.  Six types of ink are mentioned, including inks based in arsenic, lead, a plant resin, and bootmaker's blacking.  Fruit juice is specifically forbidden for it will not last.

Much of today's daf is devoted to the physical act of writing the get.  The rabbis discuss which inks should/not be used, which styles of writing should/not be used, etc.  One of the methods of signing contracts was via stencil, where the letters were cut out and the witness would fill in the gaps to leave their signature behind.  The rabbis note that there were many differences between gets and other contracts.  As we have discussed before, bills of manumission, documents to free slaves, were somewhat similar to gettin.  However, there were still many differences between these two documents.

The rabbis also consider other issues regarding document signing.  Contracts had to be written in a language that was understood.  However, cases are noted where contracts were written in Persian and translated so that witnesses felt comfortable signing.  The rabbis discuss instances where people cannot write, cannot read, cannot see.  They discuss changes in names, addresses, and other parts of the document. They discuss ways that a woman might get cheated out of her get.  Any of a number of inconsistencies would be enough to invalidate a get.  

If the rabbis were aware of this injustice thousands of years ago, why did they not find a way to protect women from becoming agunot?  They seem to be working toward this end.  However, it is clear that this was a problem then and it continues to be a problem today.  What could have been different to encourage the rabbis to create stringencies that ensured protection for vulnerable women?






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