We know that everywhere outside the Land of Israel, an agent bringing a get has to say that “The bill of divorce was written and signed before me.” Today’s daf TB Gittin 6 wonders whether Babylonia is like the land of Israel when it comes to gittin and the agent doesn’t have to say that “The bill of divorce was written sign before me” or whether Babylonia is treated just like every other country outside the land of Israel. Is Babylonia the exception that makes the rule? Of course, there is a disagreement on this matter.
“It was
stated that the amora’im disagreed concerning the status of
Babylonia with regard to the halakhot of bills of divorce: Rav says
that Babylonia is considered to be like Eretz Yisrael with regard to
bills of divorce, and Shmuel says that it is considered like outside of
Eretz Yisrael.” (Sefaria.org translation)
You have to
understand there were two great centers of Jewish learning at the time. One in
the land of Israel and one in Babylonia. In fact over time, the Babylonian
Jewish community became ascendant. The Talmud that we study for daf yomi is the Babylonian Talmud and
not the Jerusalem one (with the exception of massekhet Shekalim). Since both Rava and Rabba agree that the
purpose of saying the bill of divorce was written and signed before me is to
ratify and certify the get, they must
be arguing whether witnesses are readily available. “Rather, everyone
agrees that we require witnesses to ratify it, and they disagree
with regard to this: Rav holds that since there are central academies
where people study, witnesses are frequently available to ratify bills
of divorce. And Shmuel holds that those studying in the academies are
preoccupied by their studies; therefore, they cannot be used as witnesses
to confirm a bill of divorce, as they will not recognize peoples’ signatures.” (Sefaria.org
translation)
So far
everything has followed the same pattern since the very beginning of our massekhet.
Near the end of the sugiya, the
Gemara throws us a curveball which changes everything.
“The Gemara
relates that Rabba bar Avuh would require that an agent state the
declaration even when transmitting a bill of divorce from one side
of the public domain to the other side [me’arsa le’arsa]. Rav
Sheshet required that an agent state the declaration even when transmitting
a bill of divorce from one group of houses to another group
of houses on the same side of the public domain. And Rava required that
an agent state the declaration even when transmitting a bill of divorce within
the same group of houses.
“The Gemara
asks: But Rava is the one who said that the reason an agent must
state the declaration is because there are no witnesses available to ratify
it, so why would he require the declaration even when transmitting a bill
of divorce within the same group of houses? The Gemara explains: Rava issued
this decree only with regard to his city of Meḥoza. The reason is that the
residents of Meḥoza (a major city
in Babylonia with a large Jewish population and an important yeshiva -gg) are
different, as they are constantly mobile, and do not stay in
one place. Therefore, it is possible that the witnesses who were present when
the bill of divorce was written have already moved elsewhere.” (Sefaria.org
translation)
I once learned that the average American moves every six years. We Jews are no different. I imagine that Jews have always been on the move; consequently, the Shulkhan Arukh has decided that the agent always has to say that “The bill of divorce was written and signed before me” no matter where the get is delivered including the land of Israel! “And it seems to me that now even in the land of Israel he must say: It was written and signed in front of me. Hagah: And in these time one who brings a get even from one house to another house in the same city, he must say: It was written in front of me and signed in front of me (Tosafot, the beginning of Gittin).” (Even Ha’Ezer, 142:1, Sefaria.org translation)
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