Commentary for Gittin 6:5

כתבו אגרת וכו' – For the Jewish bill of divorce is called a “letter” since [the words] “a letter of divorce” in it [i.e., the Jewish bill of divorce].

Introduction This mishnah deals with the specific words that a husband must state to a scribe or other agents in order for them to be empowered to write a get and give it to his wife. As a general rule, the husband must use language that clearly implies that he intends to divorce his wife, and not just write a get which he may or may not want to use. He must instruct his agent to write the get and to give it to her. However, there are extenuating circumstances where instructions to write the get are sufficient to empower the agent to also deliver the get.

פטרוה לא אמר כלום – perhaps the language of “exempt” and “liable” is being said, to lighten from her the obligations that she is liable for.

If a man says, “Write a get and give it to my wife”, [or] “Divorce her”, [or] “Write a letter and give it to her”, then they should write it and give it to her. The language which the husband employs in this section is sufficiently clear and precise that the agents are empowered to write out a get on the husband’s behalf and to give it to the woman.

פרנסוה – the language of performing her needs, such as taking out for [the purposes] of [providing] sustenance etc. Therefore, we do not know if these are the needs of the Jewish bill of divorce, that she will not be dependent upon/tied to leviratical marriage (i.e., she cannot marry otherwise until released from him), or [the document is speaking of] the needs of clothing and covering.

If he said, “Release her”, [or] “Provide for her”, [or] “Do for her as the law dictates”, [or] “Do the proper thing for her”, he has not said anything. The language in this section is too ambiguous and although it may imply that he wishes to divorce his wife, it is not certain that that is his intention. Hence, an agent who hears the husband make one of these statements is not empowered to write a get and deliver it to his wife.

כנימוס – according to law, and we do not know if it is the Jewish law of divorce or the law of [provision of] food and clothing, and similarly as appropriate.

Originally they said that if a man was being led out to execution and said, “Write a get for my wife”, they may write a get and give [it to her]. Later they said, even if he were leaving for a sea voyage or for a caravan journey. Rabbi Shimon Shezuri says: even if he were dangerously ill. Usually a husband must state that he wishes the get to be written and give to the woman. However, in extenuating circumstances where the husband seems to have been facing immanent death, it is highly unlikely that when he instructed someone to write a get, he wanted the get to be written but not given to his wife. After all, why else would he want a get at this point? Therefore, one who hears the husband says “Write a get for my wife” may write it and also give it to her. At first the category of people facing immanent death included only a person being led out to execution. Later, they expanded the category to include one leaving for a sea voyage or a caravan journey. These men would have wanted to write out a get that would go into effect should they not return, not an unlikely scenario. This would prevent their wives from being left as “agunot” a woman who doesn’t know if her husband is alive or dead and therefore cannot remarry. Rabbi Shimon Shezuri added that an agent who hears such a statement from a dangerously ill person may also write and give the get. This man may want to divorce his wife in order to exempt her from levirate marriage (if he was to do childless and with a brother she would have to undergo yibbum or halitzah). Again, it is very unlikely that a dying man would want to write a get but not give it to his wife, and therefore we are not concerned with such a possibility.

היוצא בקולר – to be killed as per the law of the kingdom.

ואמר כתבו – even though he did not say, “give it” [to my wife].

יכתבו ויתנו – for on account of his fear, he was troubled and did not expound [on his intentions].

המפרש – on the sea

והיוצא בשיירא – to the deserts

המסוכן – the infirm, and Halakha is according to Rabbi Shimon Shezuri