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Gittin 8:4-5

Gittin 8:4

Beis Shammai say that a man may divorce his wife using an old get, though Beis Hillel prohibit this. The definition of an old get is one that was written before he was subsequently alone with her (because they could have been intimate and people will think they were intimate after being divorced as of the date on the get).

Gittin 8:5

If the husband dated the get using the system of a country other than the one he is in, or in a defunct system like that of Media or Greece, or if he dated according the years of the Temple or from the destruction of the Temple (which is not our practice), or if he wrote “in the west” when he was in the east, or vice versa – in all of these cases, the get is invalid. If she remarried based upon this get, she is prohibited to both husbands and requires a get from each of them. She is not entitled to the value of her kesubah, reimbursement for produce, financial support or payment for depreciation from either of them; if she took such payment from either of them, she must return it. Any child she had with either husband (subsequent to the faulty get) is a mamzer. If either husband is a kohein, he is not permitted to render himself ritually unclean in the event of her death. Neither husband is entitled to an object that she finds, nor to the things she makes, nor can he annul her vows. If she was the daughter of a Yisroel, she may not marry a kohein. If she was the daughter of a Levi, she cannot eat tithes. If she was the daughter of a kohein, she cannot eat terumah. Her heirs from neither husband can inherit the value of her kesubah. If the husbands die, each one’s brother undergoes chalitzah (the shoe-removal ceremony) but neither one’s brother performs yibum (levirate marriage). Let’s say that in the get, her husband didn’t use an improper dating system as per our discussion so far, but rather he changed his or her name, or the name of his or her city. In such a case, all the conditions listed above also apply.

Author: Rabbi Jack Abramowitz