Komentarz do Gittin 6:2

צריכה – to bring before us two sets of witnesses

Introduction The first part of this mishnah continues to discuss a woman’s appointing an agent to receive her get. The second part deals with the divorce of a betrothed girl who has not yet reached majority age.

שנים שיאמרו בפנינו אמרה – to him [i.e., the husband] to receive it [i.e., the Jewish bill of divorce].

A woman who said [to an agent], “Receive my get for me” requires two sets of witnesses, two to say, “In our presence she told him”, and two to say, “In our presence he received [the get] and tore it”. Even if the first set are the same [witnesses] as the latter set or if there was one in the first set and one in the second, and one joined with them [for both testimonies]. If a woman appointed an agent to receive her get she will need two sets of witnesses to execute her divorce, one to witness her appointment of the agent and the second to witness the agent receive the get. However, there can be full or partial overlap between the two sets.

ושנים שיאמרו בפנינו קבל וקרע – And this was taught during the time of religious persecution, where they decreed against [the observance of] the commandments and they would immediately tear the Jewish bill of divorce, so that they should it should not be seen.

If a young girl is betrothed, both she and her father may receive her get. Rabbi Judah said that two [different] hands cannot take possession as one. Rather her father alone may receive her get. A young girl (defined as being between the ages of 12 and 12 1/2) who is betrothed is in an “in-between” situation. On the one hand, she is neither fully married nor mature and hence her father retains some control over her. However, she is no longer a minor and therefore has some of her own legal rights. Were she being divorced after being married or having reached maturity, she alone would have the legal right to receive her get. However, in this “in-between” situation, the first opinion in the mishnah rules that either she or her father can receive her get. Rabbi Judah disagrees. It would be legally too ambiguous for both to be able to receive the get. Therefore, only her father may receive the get.

One who is not able to keep her get is not capable of being divorced. This section refers to a minor who is not yet capable of receiving her get. At such a young age she cannot be divorced, even if her father were to receive the get. Since she is too young to even know the meaning of being divorced, the husband must wait until she is of majority age to divorce her. [I should note that the husband is not a particularly salutary fellow (to say the least). We should remember that we are dealing with legal rights not with what seems to be ethically acceptable.]

או אחד מן הראשונים ואחד מן האחרונים ואחד – a third [individual] who was made a witness with this group and the other group, who joins with them.

היא ואביה – either she [i.e., the betrothed maiden, between the ages of twelve and twelve-and-one-half] or her father, for she has “a hand,” because she is considered an adult, and her father also has authority to receive it.

אינה מתגרשת – and even with her father receiving it [i.e., the Jewish bill of divorce], as it is written (Deuteronomy 24:1): “…and sends her away from his house,” [which describes] someone who sends her away but she does not return, excluding [a case] where he sends her away but she returns.