Si uno obtiene un medinath hayam (literalmente, "la tierra del mar", es decir, en el extranjero), debe decir: "Antes de mí, fue escrito, y antes de mí fue firmado". [Cualquier cosa fuera de Eretz Israel se llama "medinath hayam". ("Debe decir: 'Antes de mí, fue escrito, etc.'" :) Algunos dicen, porque los que viven en el extranjero no se aprenden en la Torá, y no saben que un get debe escribirse lishmah (es decir, para el instancia específica). Por lo tanto, el mensajero dice: "Antes de mí, fue escrito, y antes de mí fue firmado", y, como es natural, se le pregunta si se escribió lishmah, y él responde que sí. Otros dicen que es porque las caravanas son poco frecuentes entre allí y aquí (Eretz Israel), de modo que si el esposo protestó porque no lo escribió, no se pudo encontrar testigos que corroboraran las firmas de los testigos, por lo que los rabinos creyeron que el mensajero como dos, y la protesta del esposo ya no sirvió.] R. Gamliel dice: Incluso uno que lo trae de Rekem y de Cheger (que están cerca de Eretz Israel, debe decir: "Antes que yo, etc.") [El Targum para (Génesis 16:14): "entre Cades y Bared" es "entre Rekam y Chagra".] R. Eliezer dice: Incluso desde Kfar Ludim [que está fuera de Eretz Israel] a Lud [que está cerca de él, y parte de Eretz Yisrael.] Y los sabios dicen: Solo uno que trae un obsequio del extranjero y otro que toma (un obsequio de Eretz Israel del extranjero) debe decir: "Antes de mí fue escrito, y antes de mí, fue firmado". Y quien lo lleva de una provincia a otra en medinath hayam debe decir: "Antes de mí, fue escrito, y antes de mí, fue firmado". R. Shimon b. Gamliel dice: Incluso de una hegemonía a otra [con jurisdicción distinta].
Bartenura on Mishnah Gittin
המביא גט ממדינת הים – All [areas] that are outside of the land of Israel are called, “countries aboard.”
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English Explanation of Mishnah Gittin
Introduction
This mishnah teaches that messengers who deliver divorce documents from abroad must declare that the document was written and signed in their presence. In the Talmud there are two explanations for this requirement. The first is that if the husband comes to protest the get, saying that he did not send it, the people who heard the messenger testify that he saw it written and signed will be able to disregard a husband’s potential appeal. This is especially important if his wife had already remarried and had children. If her get is invalidated, her subsequent children would become mamzerim. The reason why the testimony of the messenger is only necessary if he comes from abroad is that in such a case it would be more difficult to find the original witnesses. Furthermore, in the ancient world travel was often dangerous, and the original witnesses could not always travel to testify concerning the validity of the get. The testimony of the messenger makes it easier to uphold the validity of the get, in essence a service for the woman. The other opinion in the Talmud, which is really an additional opinion, is that outside of the Land of Israel they were not knowledgeable in writing gittin. Therefore, someone who came from abroad had to testify that it was written properly. Those which were written in the Land of Israel did not need such testimony.
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Bartenura on Mishnah Gittin
צריך לומר בפני נכתב ובפני נחתם – There are those who give the [following] reason, because there aren’t Torah scholars found in countries abroad, and they don’t know that one must write the Jewish bill of divorce for [the express purpose of] the [specific] woman. Therefore, the agent states, “it was written in my presence and it was signed in my presence.” And of itself, we ask him [the agent] if it [the Jewish bill of divorce] was written for her sake [alone], and he answers in the affirmative; [on the other hand,] there are those who say that the reason [that he must say that the Jewish bill of divorce was written in his presence and signed in his presence], because caravans [bearing numbers of people] are not found [traveling] from there to here, for if the husband would coביןme and raise a complaint [contesting the legality of the action] saying: “I did not write it,” witnesses would be found to recognize the signatures of those who witnessed [the writing of the Jewish bill of divorce]. But the Rabbis believed the agent as if he were two [witnesses], and furthermore, the complaint of the husband would have no effect.
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English Explanation of Mishnah Gittin
One who brings a get from abroad [to the Land of Israel] must declare, “In my presence it was written and in my presence it was signed.” This section was explained in the introduction.
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Bartenura on Mishnah Gittin
בין קדש ובין ברד – (As is written in Genesis 16:14): “[Therefore the well was called Beer-lahai-roi;] it is between Kadesh and Bered.” And the Aramaic (Onkelos) translation of this is: "מן הרקם ומן החגר" .
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English Explanation of Mishnah Gittin
Rabban Gamaliel says: even one who brings it from Rekem or from Heger. Rabbi Eleazar says: even one who brings it from Kefar Ludim to Lud. The sages, however, say: declaration “In my presence it was written and in my presence it was signed” is required only from one who brings a get from abroad or who takes it there. The tannaim in this section, Rabban Gamaliel, Rabbi Elazar and the other sages disagree with regard to the applicability of the halakhah in section one. According to Rabban Gamaliel, even if a messenger brings a get from towns such as Rekem or Heger which lie on the border, he must recite the formula. This is either because it is hard to bring the witnesses from these towns to testify, or because people who live on the border do not know how to properly write gittin. Rabbi Elazar adds that even if the two cities lie adjacent but one is in the land of Israel and one is not, such as Kefar Ludim, which is outside and Lud which is inside, one must still recite the formula. However, the sages disagree and hold that the formula must be recited only by one who brings a get from abroad, or one who brings one back from there. The reason that someone bringing a get from Israel to a different land must recite the formula is lest the original witnesses cannot be found in order to uphold the get.
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Bartenura on Mishnah Gittin
אפילו מכפר לודים – which is considered outside of the land of Israel.
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English Explanation of Mishnah Gittin
One who brings [a get] from one province to another province in foreign lands is also required to declare, “In my presence it was written, and in my presence it was signed.” Rabban Shimon ben Gamaliel says: even from one hegemony to another hegemony. Just as the messenger must make the declaration that the get was written and signed in his presence when bringing the get to and from Israel, so too must he make the declaration when bringing the get to and from provinces outside of the land. The reason is that the original witnesses may be difficult to find if there is a need to uphold the get. Rabban Shimon ben Gamaliel adds that even within one province, if he is switching hegemonies, places ruled by different governors, all within the Roman empire, he must make the declaration.
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Bartenura on Mishnah Gittin
ללוד – which is near it and it is from the land of Israel.
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Bartenura on Mishnah Gittin
מהגמוניא להגמוניא – there were in one town two jurisdictions jealous of each other (Gittin 4a).
