Se alguém trouxe um get e o perdeu, se o encontrou imediatamente, é válido; caso contrário, é inválido. [Isso, somente se ele o perdesse em um local frequentado por caravanas, caso em que se deve postular que pode ter caído de um dos transeuntes. Mas se fosse perdido em um local não freqüentado por caravanas, mesmo depois de um longo lapso de tempo, é válido. E mesmo que fosse perdido em um local frequentado por caravanas, se as testemunhas tivessem uma identificação clara, para que pudessem dizer (por exemplo: :) "Havia um buraco perto desta carta" ou: "Nunca assinamos um contrato com a esses nomes, exceto este, "é válido, mesmo após um longo lapso de tempo.] Se ele o encontrou em um chafisah ou em um d'luskema, [sacos de documentos, com sinais de identificação], se ele o reconhece, é válido . [Isso ("se ele o reconhecer") é uma afirmação independente, ou seja: se ele o encontrou em um chafisah ou em um d'luskema, mesmo que ele não reconheça o get—ou se ele reconhece o get, onde quer que o tenha encontrado, é válido.] Ele dá (o get) a ela na suposição de que ele (seu marido) está vivo. [E não apreendemos que ele possa ter morrido e que sua embaixada foi anulada. Pois pressupomos a continuidade do status original. Mas se soubéssemos que ele morreu antes de a alcançar, o resultado é nulo; porque não há como obter a morte.] Se a filha de um israelita era casada com um Cohein e ele foi para o exterior, ela come terumah assumindo que ele está vivo. Se alguém envia sua oferta pelo pecado do exterior, nós a sacrificamos assumindo que ele está vivo. [E não apreendemos que seu dono tenha morrido; nesse caso, a oferta "representa a morte" (e não o sacrifício)].
Bartenura on Mishnah Gittin
לאלתר – immediately, it is valid.
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English Explanation of Mishnah Gittin
Introduction
The first half of this mishnah deals with a get that was temporarily lost on its way from the husband to the wife.
The second half deals with a sick or old husband who sent a get to his wife. The question is whether or not the one bringing it can assume that the husband is still alive when he (the one bringing the get) arrives at the wife?
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Bartenura on Mishnah Gittin
ואם לאו פסול – And especially if it [the Jewish bill of divorce] was lost in a place where [regular] caravans are found, and one could say that it [the Jewish bill of divorce] fell from those who come and go. But if it was lost in a place where caravans are not [regularly] found, even after a lengthy period of time, it is valid. And even if it was lost in a place where the caravans are [regularly] found, if there [is known] to the witnesses a distinguished mark of identification, such as if they [i.e., the witnesses] say that it [i.e, the Jewish bill of divorce document] has a perforation on the side of a certain letter, or they say, that we never signed the Jewish bill of divorce with these names but rather on this one alone, it is valid, even after a lengthy period of time.
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English Explanation of Mishnah Gittin
One who brings a get and loses it on the way: If he finds it immediately it is valid, and if not it is not valid. If he finds it in a small bag or in a folder if he recognizes it, it is valid. If a messenger loses a get, we fear that the get that he finds is not the same get that he lost, and therefore the get will not have been written for that specific woman. Note that the names written on the found get have to be the same as those on the lost get, otherwise it will be clear that it is not the same get. However, as we learned in previous mishnayoth, similar names may not have been so uncommon. If the get is immediately found, it is still valid. But if time elapses we are concerned that the one bringing the get found a different get, even though the names are the same. Furthermore, if he recognizes the bag or folder which he was using to carry the get, and the get is still inside, the get is valid even if it was found after time had elapsed. The likelihood that a get with the same names as the lost get would get into a bag that looks exactly the same as the lost bag is too remote for concern.
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Bartenura on Mishnah Gittin
בחפיסא או בדלוסקמא – sacks in which documents are regularly placed therein and they contain a particular sign that they belong to him.
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English Explanation of Mishnah Gittin
If one brings a get and left [the husband] when [the husband] was an old man or sick, he should deliver it to her on the presumption that he is still alive. A woman may not be divorced from her husband after he died. The importance of this halakhah is in the realm of levirate marriage. A woman whose husband died before he had offspring is liable for yibbum (levirate marriage), whereas a woman who was divorced is not. Since a get goes into effect the moment that the woman receives it, and not when given to the messenger to deliver, it is important to know if the husband was alive when the get was delivered to the woman. Nevertheless, the mishnah states that the person delivering the get should not be concerned lest the husband died after he (the one delivering the get) received it. He may deliver it to the wife even if the husband was an old or sick man and presume that the husband is still alive.
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Bartenura on Mishnah Gittin
אם מכירו כשר – this is a matter for itself, and this is how it should be read: If they found it in a small leather bag or in a case, even though he does not recognize it as a Jewish bill of divorce, or that he recognizes as a Jewish bill of divorce, even though he found it in any place, it is valid.
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English Explanation of Mishnah Gittin
If the daughter of an ordinary Israelite is married to a priest and her husband goes abroad, she continues eating terumah on the presumption that he is still alive. The mishnah now brings two halakhot which employ a similar principle, that is we assume that a person is still alive until it is known that he has died. A woman who eats terumah because she is married to a priest can continue to do so even if her husband went on a long trip and she no longer knows if he is alive.
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Bartenura on Mishnah Gittin
נותנו לה בחזקת שהוא קיים – And we don’t fear lest the husband died and his agency is voided, for we say, that a matter stands on its presumption. But if it is known that the husband died prior to the Jewish bill of divorce reaching her hand, the Jewish bill of divorce is voided, for there is no Jewish bill of divorce after death.
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English Explanation of Mishnah Gittin
If a man sends a sin-offering from abroad they sacrifice it on the presumption that he is still alive. Similarly, the priests at the Temple may offer up a sin-offering which was sent from abroad under the assumption that its owner who sent it is still alive. Had they known that the owner had died, the animal would not be able to be sacrificed.
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Bartenura on Mishnah Gittin
מקריבין אותה – and we don’t fear lest its owner(s) died, and the sin offering of those whose owners died, are considered as if their death is established.
