If one were seized by kordyakos [If his mind were unhinged by a demon potent against one who drinks new wine], and he said: "Write a get to my wife," he has said nothing. If he said: "Write a get to my wife," and then he were seized by kordyakos, and then he said: "Do not write it," there is nothing in his last words. [And it is not necessary to ask him again (if he wishes to divorce her) after he came to his senses, but we rely on his first words. In any event, so long as his mind is unhinged, the get is not written.] If he became mute, and they said to him: "We shall write a get to your wife," and he nodded his head, he is "examined" [by other questions] three times. If he responds (rationally) to no (i.e., something calling for a negative response), no; and to yes, yes, the get is written and given to her, [if he nodded "yes" to the get.]
Bartenura on Mishnah Gittin
מי שאחזו קורדייקוס – that his mind became confused as a result of a devil who reigns over those who drink new wine.
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English Explanation of Mishnah Gittin
Introduction
This mishnah is about a husband who is gripped by some sort of mental illness and hence may not be in his right mind when he decides to divorce his wife.
The second section is about a mute husband’s ability to divorce his wife.
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Bartenura on Mishnah Gittin
אין בדבריו האחרונים כלום – And there is no need to return and request another when he was clear-minded once again, but we write the Jewish bill of divorce and rely upon his earlier words. However, as long as his mind is confused, we do not write the Jewish bill of divorce.
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English Explanation of Mishnah Gittin
If a man is gripped by the kordiakos illness and says, “Write a get for my wife”, he has not said anything. If he says, “Write a get for my wife”, and is then gripped by kordiakos and then says, “Do not write it”, his latter words are of no effect. “Kordiakos” is evidently some sort of mental illness. If a husband is gripped by this illness, his instructions to others to divorce his wife do not have any legal validity. Similarly, if a healthy person instructs others to divorce his wife, and then is gripped by “kordiakos” and then wishes to retract, his retraction is meaningless. In short, the instructions of a mentally sick person do not have legal validity.
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Bartenura on Mishnah Gittin
הרכין – tilted/bent
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English Explanation of Mishnah Gittin
If he becomes mute, and they say to him, “Should we write a get for your wife”, and he nods his head, he is tested three times. If he answers ‘no’ and ‘yes’ properly each time, then they should write the get. A mute person is not considered someone who lacks “da’at” awareness or intelligence. Hence he can legally divorce his wife. However, since he cannot speak, it is a slightly more difficult to ascertain whether he wants to divorce. The mishnah rules that he may answer questions with head gestures. Those asking the questions must be certain what these gestures mean and therefore they test him with other questions. For instance, if his name is Reuven, they can say, “Is your name Reuven?” If he nods, that means that nodding signifies an affirmative answer. They would repeat this test three times.
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Bartenura on Mishnah Gittin
בודקין אותו – with other words
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Bartenura on Mishnah Gittin
הרי אלו יכתבו ויתנו – if he inclined his head over the Jewish bill of divorce an inclination of “yes.”
