Se o menor recebeu [a mão da mão do marido] e [antes que ele desse a ela] atingiram a maioridade; se ele era surdo-mudo, e recuperou suas faculdades; se ele era cego e recuperou a visão; se ele era um imbecil e recuperou seu intelecto; se ele era um gentio e se tornou um prosélito, é inválido. Mas se ele possui suas faculdades, e então se tornou surdo-mudo, e depois recuperou suas faculdades; se ele possuía visão, e então se tornava cego, e então recuperava a visão [(é válido), mesmo que não recuperasse a visão. Pois desde que ele possuía visão quando recebeu o prêmio, ele está qualificado para ser um mensageiro, podendo dizer: "Antes de mim, estava escrito e antes de mim estava assinado". Mas, como precisamos aprender mais tarde: "e depois ele recuperou o intelecto", que ele deveria ter um intelecto independente no momento da doação, também aprendemos no começo: "e depois recuperou a visão". E todos os que não são aptos a testemunhar por causa da transgressão não estão aptos a dar o troco, não se acredita que digam: "Antes de mim, estava escrito e antes de mim foi assinado". E se o get foi validado por meio de seus signatários, eles estão aptos a trazê-lo.]; se ele possuía intelecto, e então se tornava um imbecil, e depois recuperava seu intelecto, é válido. Esta é a regra: onde quer que haja da'ath (intelecto independente) no começo e no fim, ele (o get) é válido.
Bartenura on Mishnah Gittin
קיבל הקטן – [The minor received] the Jewish bill of divorce from the hand of the husband.
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English Explanation of Mishnah Gittin
Introduction
This mishnah is a continuation of the end of yesterday’s mishnah which discussed those categories of people who are disqualified from delivering a get.
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Bartenura on Mishnah Gittin
והגדיל – [became an adult] prior to his delivery of it [i.e., the Jewish bill of divorce] to her [i.e., the wife].
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English Explanation of Mishnah Gittin
If the minor had received the get [in order to deliver it] and then became of age; or the deaf-mute [received the get and then] his speech was restored; or the blind person [received the get and then] his sight was restored; or the imbecile [received the get and then] his reason returned; or the Gentile [received the get and then] converted, [the get] is invalid. In this case a person received the get while disqualified to deliver it (see yesterday’s mishnah) and then his/her status changed to one who is qualified to deliver the get before he/she delivered it. Since the person was disqualified when receiving the get in order to deliver it, the delivery is invalid, even though by the time the get was actually delivered the person was in a valid category.
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Bartenura on Mishnah Gittin
פתוח ונסתמא וחזר ונתפתח – even if he was not restored to being sighted, since he was able to see at the time when he received the Jewish bill of divorce, he well is able to serve as an agent for he is able to say: “it was written in my presence and it was signed in my presence.” But, since it is required for [the Mishnah] to teach the concluding segment, “and he returned to being sighted,” that he [the agent] must be cognitively aware at the time of the giving [of the Jewish bill of divorce], the Mishnah teaches also at the beginning, “and he returned to being sighted.” But all those who are invalid for testimony through sin, are also invalid to bring the Jewish bill of divorce, for they are not believed to say, “it was written in my presence and signed in my presence.” But if the Jewish bill of divorce is verified through its signatories, they are valid to bring it (i.e., the Jewish bill of divorce).
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English Explanation of Mishnah Gittin
But if a person of sound senses [received the get] and then became a deaf-mute and then recovered his speech; or one with sight [received the get and then] became blind and then recovered his sight; or one who was sane [received the get and then] went insane and then recovered his reason, [the get] is valid. The general principle is that anyone who begins and finishes [his mission] in full possession of his mental faculties is qualified. In this case the person was qualified to deliver the get when it was received and when it was delivered but while in the process he/she briefly entered a status of one who is disqualified. As explained at the end of the mishnah, since the person was qualified at the two critical moments, the reception of the get from the husband and the delivery to the wife, the delivery is valid. The fact that the person was temporarily invalid in-between is immaterial. Note that this section cannot include a person who was Jewish and then apostatized to another religion and then returned to Judaism for in the eyes of Jewish law, a Jew cannot legally convert to another religion.
