Thursday 10 March 2016

Gittin 88: Surnames; Lifespan of a Get; Compelling the Get Through Gentile Courts; Rumours

In their discussion about the ways that gittin might be formatted or signed, the rabbis discuss using nicknames or surnames of one's forefathers.  There are concerns about the person named being recognized years after the document has been signed.  As well the rabbis want to know the lineage of the signatories, but they are not sure that surnames will be remembered over multiple generations.  

Three generations and seven generations are discussed as possible limitations on the life of a get.  Proofs are offered for why a get might be valid for these periods of time.  One is taken from Deuteronomy, where we are told "... when you beget children, and children's children, and you will have been long in the land" (Deut. 4:25).  The root of the word venoshantem, long, has the root y-sh-n, old.  Thus after one has grandchildren, one is considered to be old.  

Another proof is based on Jeremiah 15:9, where we learn that Eretz Yisrael was destroyed after seven dynasties and their courts worshipped idols.  Those dynasties are named.  We are told that "She who has given birth to seven languishes, her spirit droops, her sun is gone down while it was yet day, she is ashamed and confounded".  

A Mishna teaches us that when a get is compelled by the Jewish court, it is valid, but if it is compelled by Gentiles it is invalid.  However, Gentiles may beat the husband if they are requested to do so by a Jewish court while they say to him, "Do that the Jews are telling you", and it is a valid divorce.

The Gemara has a field day with this one.  If a Jewish court compels the husband according to halacha, it is valid.  But if they are compelling him to divorce his wife without halachic reasons, the get is invalid.  Even so, such a get would disqualify the wife from marrying a priest after the husband's death.  And if the husband was compelled by Gentiles according to halacha, the get is invalid - but it still disqualifies the wife from ever marrying a priest.  And if the husband is compelled by Gentiles against halacha, the get is invalid in every way; the wife is not barred from marrying a priest.

We must assume that we would be discussing a wife who was only betrothed, I am guessing, for one who had been fully married would be forbidden to a priest whether or not she had a legal get.

The rabbis note their concern about women compelling their husbands to divorce them by engaging Gentiles to engage in violence.  "Temptation" and "bribery" could be used by these wives.  That would not be halachic, and the gittin would be invalid.  The rabbis go on to compare cases that are brought about lawfully by Jews and by Gentiles with those that are heard unlawfully by Jews and by Gentiles.  Clearly there was debate regarding when and whether or not Jews should be using the courts of their Gentile neighbours.  In some cases this would be necessary, as the law of the land would require the documents produced by a Gentile court.

Rav Yosef was criticized by Abaye for compelling husbands to write gittin for their wives.  He argued that Rabbis are not judges but are ordinary people, and that only judges can compel such actions.  Because it is impossible to ordain judges since the Temple's destruction, the rabbis were forced to understand the specific powers of "agents of the ordained courts of previous generations".  Our notes teach that these agent do not have the authority to determine fines or penalties as described in the Torah.

A final Mishna speaks of the power of rumours.  If a woman is rumoured to be betrothed, she is betrothed.  If a woman is rumoured to be divorced, she is divorced unless there is evidence of another explanation.  An explanation could be the existence of an unmet condition of the wife's get.  It could also be an uncertainty regarding whether or not the get landed closer to the husband or to the wife when it was thrown to her.  

The Gemara reminds us about Rav Ashi's wise teaching: we are not concerned bout any rumour that circulates after marriage.  Thus no wife should be compelled to leave her husband due to a rumour.  

The Gemara ends our daf with the beginning of an interpretation of this  Mishna.  If the rumour suggests that a woman is betrothed, she may not marry another man until she receives a get.  If she is rumoured to be betrothed and then divorced, she is free to remarry.  Why?  Because "the rumour came with its receipt": the rumour about divorce cancels out the prohibitions associated with the rumour of betrothal.

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