Wednesday, June 14, 2023

What’s bothering the husband? TB Gittin 29

A Mishna on today’s daf TB Gittin 29a seems to contradict a Mishna on daf TB Gittin 66a. “We learned in the mishna: With regard to an agent who brings a bill of divorce in Eretz Yisrael, and the agent became sick, this agent may send it in the possession of another agent. And the Gemara raises a contradiction from a mishna (66a): If the husband said to two people: Give a bill of divorce to my wife, or if he said to three people: Write a bill of divorce and give it to my wife, then these people should write it and give it. The Gemara infers from the mishna: They themselves, yes, they should do so, but one whom they appoint as an agent may not do so.” (Sefaria.org translation)

Abaye and Rava solve the contradiction differently.

Abaye said: There, what is the reason that an agent may not be appointed? It is due to degradation of the husband, who does not want the matter to become known, and therefore they may not designate another agent. However, here, after he has already sent the bill of divorce, the husband is not particular that word not spread, and therefore the agent may designate another agent in his place.

Rava said: There is a different reason that in the case of the mishna (66a) the agent may not appoint another to write the bill of divorce; it is because of the fact that in the case there, the husband’s instructions are mere words, and verbal directives cannot be delegated to an agent, i.e., an agent cannot be deputized to give instructions on behalf of another. Therefore, they cannot take their oral instructions and transfer them to another. In the case of the mishna here, the agent is able to give the physical bill of divorce to another agent and thereby transfer his agency.” (Sefaria.org translation)

What is the degradation that Abaye is alluding to? According to Rashi מִשּׁוּם בִּזָּיוֹן דְּבַעַל, the degradation was the fact that the husband is illiterate. Technically the husband has to write his own get. Because he does not want to have the word get around that he is incapable of writing, he does not want their original three people to subcontract the job out. Once the get it is written, he doesn’t care who or how many people have to deliver it.

Many Rishonim find Rashi’s answer forced. They prefer  Rabbeinu Hananiel’s solution. According to him, the husband is embarrassed that the marriage did not work out and he wants to divorce his wife. He does not want that word to get out until the get is written and delivered.

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