All are fit to write a get, even a deaf-mute, an imbecile, and a minor. [This, on condition that an adult stands over him and tells him: "Write it on behalf of that man." But a gentile or a bondsman, even if an adult stands over him, should not write the get ab initio, for they are of independent intellect, and act on their own behalf; so that even if an adult tells them to write it for someone else, they write it on their own. And if a gentile or a bondsman writes the tofess of the get, and a knowing Israelite writes the toref — the name of the man and the woman and the date, all of these requiring lishmah (specific intent) — the get is valid. Likewise, a deaf-mute, an imbecile, and a minor, who, according to our Mishnah, are fit to write a get, are fit only with respect to the tofess, but, with respect to the toref, it is not valid unless written by a knowing, adult Israelite.] The woman may write her get, and the man may write his receipt (of payment of the kethubah). For the get takes effect only through its signatories. All are fit to bring the get, except a deaf-mute, an imbecile, and a minor, [who lack independent intellect], one who is blind [He is not qualified to bring the get from abroad, not being able to say: "Before me, it was written, and before me it was signed." But to bring a get in Eretz Yisrael, where he need not say: "Before me, it was written, and before me it was signed" — or even abroad, if the get is validated through its signatories, or to be the woman's messenger to receive her get — for all of these, a blind man is fit], and a gentile. [For he is not included in the Law of gittin and kiddushin (marriage). And in an area where he himself is not included, he cannot serve as a messenger for another.]
Bartenura on Mishnah Gittin
ואפילו חרש שוטה וקטן – [and concerning them – the deaf-mute, imbecile and minor], a Jewish adult stands over them and says to him: Write this for the sake of “so-and-so.” But a heathen and a slave, even if an adult Jew stands over them, ab initio, he should not write the Jewish bill of divorce, because they have the temperament [to write a Jewish bill of divorce], and on their personal knowledge we operate, for even if a Jewish adult says to him: “Write for the sake of “so-and-so” , he should not write other than for himself. But if a heathen or slave wrote the blank form of the document [of the Jewish bill of divorce] and a Jew possessing awareness wrote the part of the document that makes it binding; which is the name of the man and the woman and the time (i.e., date), for all of these require [being written] for their sake (i.e., the man, the woman and the Jewish bill of divorce), the Jewish bill of divorce is valid. And similarly, a when we say in our Mishnah that a deaf-mute, imbecile and/or minor are fit to write a Jewish bill of divorce, these words refer to the blank form of the document, but not the part of the document that makes it binding, is not valid, other than if it is written by an adult Jew who possesses awareness.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
Introduction
The first section of this mishnah deals with who may write a get, and the second section with who may deliver a get.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
חוץ מחרש שוטה וקטן – who all lack awareness.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
All are qualified to write a get, even a deaf-mute, an imbecile and a minor. A woman may write her own get and a man his own receipt [for the ketubah], since the document is upheld only by its signatures. Anyone can write a get including people who were categorically considered not to have “awareness”. These people can write a get even though they would not even understand what they are doing (remember that in the ancient world deaf people were wrongly considered to lack intelligence), because as we see below, the critical issue with the get is that it is signed by valid witnesses. Similarly, a woman may write her own get (this would make for an interesting scenario), and a man may write his own receipt for having paid the ketubah to his wife. Since the get is upheld not by checking who wrote it but who signed it, it matters not who does the writing. Although the woman has written her own get, the witnesses will not sign it unless they are sure that it was written upon the husband’s directive. Similarly, witnesses will not sign a receipt for payment unless they know that the husband paid the money to the wife.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
וסומא – [A blind person] is prohibited from bring a Jewish bill of divorce from outside the land of Israel, because he is unable to say, “it was written in my presence and signed in my presence.” But, to bring a Jewish bill of divorce in the land of Israel, where it is not necessary to say, “it was written in my presence and signed in my presence,” or even in the Diaspora, if the Jewish bill of divorce is verified through its signatories, or to serve as the agent of the woman to receive her Jewish bill of divorce, for all of these, the blind person is considered valid.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Gittin
All are qualified to bring a get except a deaf-mute, an imbecile, a minor, a blind person and a non-Jew. Almost anybody can deliver a get from a husband to his wife. The exceptions are again those people who categorically do not have awareness. In all areas of halakhah, someone who does not have “awareness” cannot act as someone else’s agent. A blind person can also not deliver a get, even though blind people were not considered to lack “awareness”. The Talmud explains this to mean that he cannot deliver a get from abroad to Israel because he cannot say “In my presence it was written and in my presence it was signed.” Note that blind people were considered to have “awareness”, unlike deaf-mutes who could not really communicate. Non-Jews cannot marry or divorce Jews and therefore cannot serve as agents for delivering a get.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Gittin
ונכרי – he is not [included] in laws of Divorce and Kiddushin/betrothal for the sake of marriage, and anything of his own person is not worthy, he cannot perform the act of agency for another.
