Gittin 3

כָּל גֵּט שֶׁנִּכְתַּב שֶׁלֹּא לְשׁוּם אִשָּׁה, פָּסוּל. כֵּיצַד. הָיָה עוֹבֵר בַּשּׁוּק וְשָׁמַע קוֹל סוֹפְרִים מַקְרִין, אִישׁ פְּלוֹנִי מְגָרֵשׁ אֶת פְּלוֹנִית מִמָּקוֹם פְּלוֹנִי, וְאָמַר, זֶה שְּׁמִי וְזֶה שֵּׁם אִשְׁתִּי, פָּסוּל לְגָרֵשׁ בּוֹ. יָתֵר מִכֵּן, כָּתַב לְגָרֵשׁ בּוֹ אֶת אִשְׁתּוֹ וְנִמְלַךְ, מְצָאוֹ בֶן עִירוֹ וְאָמַר לוֹ, שְׁמִי כִשְׁמֶךָ וְשֵׁם אִשְׁתִּי כְשֵׁם אִשְׁתֶּךָ, פָּסוּל לְגָרֵשׁ בּוֹ. יָתֵר מִכֵּן, הָיוּ לוֹ שְׁתֵּי נָשִׁים וּשְׁמוֹתֵיהֶן שָׁווֹת, כָּתַב לְגָרֵשׁ בּוֹ אֶת הַגְּדוֹלָה, לֹא יְגָרֵשׁ בּוֹ אֶת הַקְּטַנָּה. יָתֵר מִכֵּן, אָמַר לַלַּבְלָר, כְּתֹב לְאֵיזוֹ שֶׁאֶרְצֶה אֲגָרֵשׁ, פָּסוּל לְגָרֵשׁ בּוֹ:

Every get which was not written specifically for that woman is invalid. How so? If he were passing through the market and heard the voices of scribes calling [to their apprentices: When someone comes for a get, write it thus:] "This and this man divorces this and this woman, from this and this place," and he said: "That is my name, and that is the name of my wife," it is invalid as a divorce. Even more: If he wrote it to divorce his wife therewith [i.e., not only is a get not written for divorce but for practice invalid; but even one written for the sake of divorce], if he changed his mind, and one of his townsmen found it, and said: "My name is the same as yours, and my wife's name, the same as your wife's name," it is invalid as a divorce. Even more, if he had two wives with the same name, and he wrote it to divorce the elder, he may not divorce the younger with it. [Not only is it invalid if it were not written for the sake of divorce of this man, but even if one had two wives, in which instance it was written for the sake of divorce of this man, it is invalid, since it was not written for the sake of divorce of this particular woman. (elder, younger:) not necessarily.] Even more, if he said to the scribe: "Write it for me to divorce whichever wife I choose," it is invalid as a divorce. [We are hereby apprised that we do not say that it is established retroactively that when he wrote it, too, it was this wife that he intended, so that there is (a bona fide) divorce vis-à-vis both him and her.]

הַכּוֹתֵב טָפְסֵי גִטִּין, צָרִיךְ שֶׁיַּנִּיחַ מְקוֹם הָאִישׁ וּמְקוֹם הָאִשָּׁה וּמְקוֹם הַזְּמַן. שְׁטָרֵי מִלְוֶה, צָרִיךְ שֶׁיַּנִּיחַ מְקוֹם הַמַּלְוֶה, מְקוֹם הַלֹּוֶה, מְקוֹם הַמָּעוֹת וּמְקוֹם הַזְּמַן. שְׁטָרֵי מִקָּח, צָרִיךְ שֶׁיַּנִּיחַ מְקוֹם הַלּוֹקֵחַ וּמְקוֹם הַמּוֹכֵר וּמְקוֹם הַמָּעוֹת וּמְקוֹם הַשָּׂדֶה וּמְקוֹם הַזְּמַן, מִפְּנֵי הַתַּקָּנָה. רַבִּי יְהוּדָה פוֹסֵל בְּכֻלָּן. רַבִּי אֶלְעָזָר מַכְשִׁיר בְּכֻלָּן, חוּץ מִגִּטֵּי נָשִׁים, שֶׁנֶּאֱמַר (דברים כד) וְכָתַב לָהּ, לִשְׁמָהּ:

If one writes the tofess of gittin [If a scribe desires to have them ready for one who may come for a get while he is busy with other writs], he must leave blank the places for the man, the woman, and the date. [The gemara adds: also the place for: "You are permitted to all men."] (If one writes) bills of loan, he must leave blank the places for the borrower, the lender, the sum, and the date. (If one writes) bills of sale, he must leave blank the spaces for the buyer, the seller, the sum, the field, and the date — because of the ordinance. [They permitted the writing of tofsim of gittin and bills, (even) not for an actual instance because of the ordinance (for the sake) of the scribe, that they be ready for him, so long as he leaves the toref for writing lishmah (to its particular end). And the toref of other bills is decreed (as requiring lishmah) because of the toref of gittin.] R. Yehudah forbids it with all, [the tofess being subsumed in the decree because of the toref; and other bills, because of gittin.] R. Elazar permits it with all, [other bills not being subsumed in the decree because of gittin], except for the gittin of women, it being written (Deuteronomy 24:1): "And he shall write to her" — lishmah. [And the tofess is subsumed in the decree because of the toref. The halachah is in accordance with R. Elazar.]

הַמֵּבִיא גֵט וְאָבַד הֵימֶנּוּ, מְצָאוֹ לְאַלְתַּר, כָּשֵׁר. וְאִם לָאו, פָּסוּל. מְצָאוֹ בַחֲפִיסָה אוֹ בִדְלֻסְקְמָא, אִם מַכִּירוֹ, כָּשֵׁר. הַמֵּבִיא גֵט וְהִנִּיחוֹ זָקֵן אוֹ חוֹלֶה, נוֹתְנוֹ לָהּ בְּחֶזְקַת שֶׁהוּא קַיָּם. בַּת יִשְׂרָאֵל הַנְּשׂוּאָה לְכֹהֵן וְהָלַךְ בַּעְלָהּ לִמְדִינַת הַיָּם, אוֹכֶלֶת בַּתְּרוּמָה בְחֶזְקַת שֶׁהוּא קַיָּם. הַשּׁוֹלֵחַ חַטָּאתוֹ מִמְּדִינַת הַיָּם, מַקְרִיבִין אוֹתָהּ בְּחֶזְקַת שֶׁהוּא קַיָּם:

If one brought a get and lost it, if he found it immediately, it is valid; if not, it is invalid. [This, only if he lost it in a place frequented by caravans, in which instance it is to be posited that it may have fallen from one of the passersby. But if it were lost in a place unfrequented by caravans, even after a long lapse of time it is valid. And even if it were lost in a place frequented by caravans, if the witnesses had clear identification, so that they could say (for example:) "There was a hole near this letter," or: "We never signed on a get with these names except this one," it is valid, even after a long lapse of time.] If he found it in a chafisah or a d'luskema, [document bags, with identifying signs], if he recognizes it, it is valid. [This ("if he recognizes it") is an independent statement, i.e.: If he found it in a chafisah or a d'luskema, even if he does not recognize the get — or if he recognizes the get, wherever he found it, it is valid.] He gives it (the get) to her on the assumption that he (her husband) is alive. [And we do not apprehend that he might have died and that his embassy is voided. For we premise the continuance of the original status. But if it became known to us that he died before the get reached her, the get is void; for there is no get after death.] If the daughter of an Israelite were married to a Cohein and he went abroad, she eats terumah on the assumption that he is alive. If one sends his sin-offering from abroad, we sacrifice it on the assumption that he is alive. [And we do not apprehend that its owner died, in which instance, the offering "stands for death" (and not for sacrifice)].

שְׁלֹשָׁה דְבָרִים אָמַר רַבִּי אֶלְעָזָר בֶּן פַּרְטָא לִפְנֵי חֲכָמִים וְקִיְּמוּ אֶת דְּבָרָיו. עַל עִיר שֶׁהִקִּיפָהּ כַּרְקוֹם, וְעַל הַסְּפִינָה הַמִּטָּרֶפֶת בַּיָּם, וְעַל הַיּוֹצֵא לִדּוֹן, שֶׁהֵן בְּחֶזְקַת קַיָּמִין. אֲבָל עִיר שֶׁכְּבָשָׁהּ כַּרְקוֹם, וּסְפִינָה שֶׁאָבְדָה בַיָּם, וְהַיּוֹצֵא לֵהָרֵג, נוֹתְנִין עֲלֵיהֶן חֻמְרֵי חַיִּים וְחֻמְרֵי מֵתִים, בַּת יִשְׂרָאֵל לְכֹהֵן, וּבַת כֹּהֵן לְיִשְׂרָאֵל, לֹא תֹאכַל בַּתְּרוּמָה:

R. Elazar b. Parta said three things before the sages, and they confirmed his words: (People) in a besieged (karkom) city [(The Targum of "siege" is "karkumin")], on a tempest-tossed boat [not having sunk], and going out to be judged [for capital offenses] are assumed to be alive. But (people) in a siege-conquered city, on a boat lost at sea, and going out to be executed are invested with the stringencies of the living and the stringencies of the dead. The daughter of an Israelite to a Cohein [(the stringencies of the dead)] and the daughter of a Cohein to an Israelite [(the stringencies of the living)] may not eat terumah.

הַמֵּבִיא גֵט בְּאֶרֶץ יִשְׂרָאֵל וְחָלָה, הֲרֵי זֶה מְשַׁלְּחוֹ בְיַד אַחֵר. וְאִם אָמַר לוֹ טֹל לִי הֵימֶנָּה חֵפֶץ פְּלוֹנִי, לֹא יְשַׁלְּחֶנּוּ בְיַד אַחֵר, שֶׁאֵין רְצוֹנוֹ שֶׁיְּהֵא פִקְדוֹנוֹ בְיַד אַחֵר:

If one brought a get in Eretz Israel [in which instance he need not say: "Before me, it was written, and before me it was signed"], and he took ill, he may send it with another. [He may appoint the messenger himself, without resorting to beth-din (but only if he took ill)]. And if he [the husband] said to him: "Take this and this for me from her" [when you give her the get], he may not send it with another. For he does not wish what is his to be in another's hand.]

הַמֵּבִיא גֵט מִמְּדִינַת הַיָּם וְחָלָה, עוֹשֶׂה בֵית דִּין וּמְשַׁלְּחוֹ, וְאוֹמֵר לִפְנֵיהֶם, בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתָּם. וְאֵין שָׁלִיחַ אַחֲרוֹן צָרִיךְ שֶׁיֹּאמַר בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתָּם, אֶלָּא אוֹמֵר, שְׁלִיחַ בֵּית דִּין אָנִי:

If one brought a get from abroad, and he took ill, beth-din appoints [a messenger] and sends him, and he (the first) says before them (beth-din): "Before me, it was written, and before me it was signed." And the last messenger need not say: "Before me, it was written, and before me it was signed," but only: "I am a messenger of beth-din." [And it is taken for granted that beth-din acted in accordance with the law. And the second messenger may appoint a third — until a hundred, and all in beth-din, this being implied by "The last messenger need not say … but only: 'I am a messenger of beth-din.'"]

הַמַּלְוֶה מָעוֹת אֶת הַכֹּהֵן וְאֶת הַלֵּוִי וְאֶת הֶעָנִי לִהְיוֹת מַפְרִישׁ עֲלֵיהֶן מֵחֶלְקָן, מַפְרִישׁ עֲלֵיהֶן בְּחֶזְקַת שֶׁהֵן קַיָּמִין, וְאֵינוֹ חוֹשֵׁשׁ שֶׁמָּא מֵת הַכֹּהֵן אוֹ הַלֵּוִי אוֹ הֶעֱשִׁיר הֶעָנִי. מֵתוּ, צָרִיךְ לִטֹּל רְשׁוּת מִן הַיּוֹרְשִׁין. אִם הִלְוָן בִּפְנֵי בֵית דִּין, אֵינוֹ צָרִיךְ לִטֹּל רְשׁוּת מִן הַיּוֹרְשִׁים:

If one lent money to a Cohein, a Levite, or a pauper, to deduct the amount from their share of (the tithe), he deducts it on the assumption that they are alive; and he need not apprehend that the Cohein or the Levite died or that the pauper became wealthy. [When he separates terumah, he sells it and keeps the money for himself for his loan to the Cohein; and he keeps the first-tithe and the poor-tithe and eats it for his loan to the Levite and to the pauper (but from the first-tithe he separates terumath-ma'aser for the Cohein.) And if he is wont to give his terumoth and ma'aseroth to this Cohein, or Levite, or pauper from whom he borrowed, he need not invest them with his ma'aseroth and terumoth through another, but he takes them for himself immediately after he tithes them. But if he is wont to give his terumoth and ma'aseroth to others, he cannot keep them for his loans until he first invests another with them, and then takes them back for his loan.] If they (the Cohein, Levite, or pauper) died, he must receive permission from the heirs [who inherited land on which the creditor has a claim. He must receive their permission to collect this debt through these terumoth and ma'aseroth. For they might desire to receive their gifts and to repay the debt of their testator from elsewhere.] If he lent them before beth-din, he need not receive permission from the heirs.

הַמַּנִּיחַ פֵּרוֹת לִהְיוֹת מַפְרִישׁ עֲלֵיהֶן תְּרוּמָה וּמַעַשְׂרוֹת, מָעוֹת לִהְיוֹת מַפְרִישׁ עֲלֵיהֶן מַעֲשֵׂר שֵׁנִי, מַפְרִישׁ עֲלֵיהֶן בְּחֶזְקַת שֶׁהֵן קַיָּמִין. אִם אָבְדוּ, הֲרֵי זֶה חוֹשֵׁשׁ מֵעֵת לְעֵת, דִּבְרֵי רַבִּי אֶלְעָזָר בֶּן שַׁמּוּעַ. רַבִּי יְהוּדָה אוֹמֵר, בִּשְׁלֹשָׁה פְרָקִים בּוֹדְקִין אֶת הַיַּיִן, בְּקָדִים שֶׁל מוֹצָאֵי הֶחָג, וּבְהוֹצָאַת סְמָדַר, וּבִשְׁעַת כְּנִיסַת מַיִם בַּבֹּסֶר:

If one set aside fruits from which to separate terumoth and ma'aseroth [i.e., if he relies upon them and eats other tevel (untithed produce) that he has, saying: Its terumah is in those fruits that I set aside for this purpose], or (if he set aside) money with which to redeem ma'aser sheni, he can proceed on the assumption that they (the set-aside fruits and moneys) are there (in his possession). If they were lost, [If he went to check and found them missing], he must be apprehensive [as to the status of the tevel produce that he had "corrected" through them. And if he had not yet eaten of it, he must tithe it; for it may be that when he said: "Its terumah is in the fruits that I set aside," they were already lost], (he must be apprehensive) for a twenty-four hour period [(retroactively) from the time of checking. When he checked and found them missing, he must suspect that they were already missing yesterday at this time. And if he had made them ma'aser within a twenty-four hour period for other produce, he must tithe it on the possibility (that they were missing.) The rabbis did not require more apprehension than this, relying on the chazakah (the original status, i.e., that they obtained)]. These are the words of R. Elazar b. Shamua. R. Yehudah says: There are three occasions on which wine [which one had set aside for the tithing of other wine] is checked [to see if it had soured (vinegar not being tithable for wine)]: when the east wind blows at the termination of the festival (Succoth), at budding time, and when water enters the boser (half-ripe grapes). [When they are "double-white" they are called "boser," and the entry of water (above) refers to water entering and accumulating within them to the point where some of it is retained. Another interpretation: They would crush grapes when they were boser and add water to prepare vinegar for dipping. The halachah is in accordance with R. Yehudah.]