Talmud for Gittin 2:5

הַכֹּל כְּשֵׁרִין לִכְתֹּב אֶת הַגֵּט, אֲפִלּוּ חֵרֵשׁ, שׁוֹטֶה וְקָטָן. הָאִשָּׁה כוֹתֶבֶת אֶת גִּטָּהּ, וְהָאִישׁ כּוֹתֵב אֶת שׁוֹבְרוֹ, שֶׁאֵין קִיּוּם הַגֵּט אֶלָּא בְחוֹתְמָיו. הַכֹּל כְּשֵׁרִין לְהָבִיא אֶת הַגֵּט, חוּץ מֵחֵרֵשׁ, שׁוֹטֶה וְקָטָן וְסוּמָא וְנָכְרִי:

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.]

Jerusalem Talmud Terumot

Rebbi Yose said, I questioned before Samuel: But with bills of divorce, thought is not written and his action cannot prove his intention! As we have stated¹³Mishnah Giṭṭin 2:5.: “Everybody is permitted to write a bill of divorce, even an insane person, a deaf-mute, and a minor.” Rebbi Huna said, if a sane person directs him. Rebbi Joḥanan asked, is that (Deut. 24:1,3): “he writes for her”, for her personally¹⁴This is an echo of the very short discussion in Giṭṭin 2:5. Rebbi Joḥanan points out that the divorce document must be written specifically for the woman in question. If two men with identical names are married to two women who have the same name, and both want to divorce them on the same day, the two divorce documents will have identical wording. Nevertheless, if the husbands switch the documents before they are handed to the respective wives, both divorces will be invalid. In both Talmudim, Samuel narrows down the meaning of the Mishnah in that he allows the incompetent only to write the formulaic portion under the direction of a competent person; but the data which make the document valid, date and names of the two persons involved, must be written by a competent person as agent of the husband. The argument here does not consider this restriction, except that R. Yose (Rav Assi of the first generation Amoraïm in Babylonia) is of the opinion that, since a document containing only date and names cannot be signed by witnesses and is not a divorce document, the writing of the incompetent is necessary for the validity of the document and one has to wonder why this is accepted.? Rebbi Yose came back and said, there one person writes¹⁵Writing a valid divorce document and using it for the divorce are two distinct actions; one may be valid without the other. But taking heave is valid only if the taking is intended for heave; the action itself needs thinking; this parallels the action of divorce, not the writing of part of the document. and another person divorces. But here, the same person thinks and takes heave. Rebbi Jacob bar Aḥa said, there, if he¹⁶A competent person. Even if he writes all by himself there are two actions. This argument is valid only for R. Eleazar (ben Shamua, the Tanna) who holds that a divorce is validated by handing over the document before two witnesses. But according to R. Meїr who holds that a document is invalid if it has not been signed by two trustworthy witnesses, the writing of the document is not important, only the signing is, and this must be done by two competent persons unrelated to the husband. would write himself and divorce, would that not be a divorce? But here, he thinks and takes heave.

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