Friday, June 9, 2023

May a blind person deliver a get? TB Gittin 23

According to the Mishnah on TB Gittin 23 a blind person may not deliver a get. “Anyone is fit to serve as an agent to bring a bill of divorce to a woman except for a deaf-mute, an imbecile, or a minor, or a blind person, or a gentile.” (Sefaria.org translation). Logic dictates that a deaf-mute, an imbecile, and a minor may not deliver a get because they are not halakhicly competent. A gentile may not deliver a get because our laws of marriage and divorce don’t apply to him. Why can’t a blind person deliver a get? Certainly, he is a competent person.

The Gemara limits the case of a blind person mentioned in the Mishna when a get is delivered from outside the land of Israel because the blind person cannot say “The get was written and signed before me.”

There’s an interesting conversation between Rav Sheshet and Rav Yosef whether a blind person deliver a get that originates in the land of Israel. What makes the conversation even more interesting is the fact that both Rav Sheshet and Rav Yehudah were blind. Rav Sheshet argues that a blind person may not deliver a get while Rav Yehudah permits.

Rav Sheshet says: Because he does not know from whom he takes it and to whom he gives it, and since he is unaware of this he will not be able to testify about it.

"Rav Yosef objects to this: If there is a concern that a blind person cannot distinguish between different people, then how is a blind man permitted to have sexual relations with his wife? How does he know that she is in fact his wife? Similarly, how are all people permitted to have sexual relations with their wives at night? If it is dark, they cannot see them. Rather, you must say that they are permitted through voice recognition [teviut eina dekala]. They can recognize each other based on their voices. Here too, with regard to a blind person, he can recognize the giver and receiver of the bill of divorce through voice recognition.” (Sefaria.org translation)

Rambam decides the case thusly. “A blind person may not bring a get from the diaspora, because he is unable to say: "It was written and signed in my presence." Accordingly, if [the get] was written and signed in his presence while he possessed the power of sight, and he became blind afterwards, he may say in the presence of three [men]: "It was written and signed in my presence," and give [the get] to her.” A blind person may not bring a get from the diaspora, because he is unable to say: "It was written and signed in my presence." Accordingly, if [the get] was written and signed in his presence while he possessed the power of sight, and he became blind afterwards, he may say in the presence of three [men]: "It was written and signed in my presence," and give [the get] to her. (Mishneh Torah, Laws of Divorce, chapter 7 halakha 19)

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