Gittin - Daf 29
- A shaliach for a get appointing a second shaliach
The next Mishnah states: המביא גט בא"י וחלה – One who was bringing a get inside Eretz Yisroel (which does not require saying בפני נכתב) and took ill, הרי זה משלחו ביד אחר – he may send it with another. This is only true if the shaliach took ill and cannot complete the shelichus. This Mishnah contradicts another, which teaches that if someone instructed people to give his wife a get, they must write and give it themselves. Abaye answers that the reason for that Mishnah is בזיון הבעל – embarrassment to the husband, who wants his inability to write the get to remain private, and therefore insists only these people write the get. In our Mishnah, which discusses delivering a written get, the husband does not care who delivers it. Rava answers: משום דמילי נינהו – In the later Mishnah, the shaliach cannot appoint another because his instructions are mere words, ומילי לא מימסרן לשליח – and intangible words cannot be transferred to a shaliach to pass on to another. Our Mishnah discusses delivering a written get, and such concrete shelichus can be passed along.
- Successive sheluchim, and if the first shaliach dies
The next Mishnah states: המביא גט ממדינת הים וחלה – One who was bringing a get in מדינת הים (requiring בפני נכתב) and took ill, עושה שליח בב"ד ומשלחו – he appoints a second shaliach in Beis Din and sends him, ואומר לפניהם בפני נכתב ובפני נחתם – and the first says before [Beis Din], "בפני נכתב ובפני נחתם". The second shaliach can deliver the get without saying בפני נכתב, and merely says he is a shaliach of Beis Din. The Gemara adds that this second shaliach may appoint a third shaliach but must do so before a Beis Din. Rabbah said that a shaliach inside Eretz Yisroel may appoint a series of sheluchim, even outside of Beis Din. Rav Ashi said: אם מת ראשון בטלו כולן – If the first [shaliach] dies, all the rest are voided, because they are all sheluchim of the first. Mar bar Rav Ashi said his father was mistaken: אילו מת בעל מידי מששא אית בהו – If the husband dies, is there any substance to [the sheluchim’s] appointment? Certainly not! Rather, all are sheluchim of the husband, and as long as he is alive, their shelichus is still in force (even if the first shaliach dies).
- שליח שלא ניתן לגירושין
The Gemara relates the following incident. A shaliach for a get told the husband he would not recognize the wife to deliver the get to her, so the husband told him to give it to Abba bar Manyumi to deliver it. He could not find Abba, and Amoraim instructed him to give the get to them, and they would give it to Abba when he comes. Rav Safra objected: והא שליח שלא ניתן לגירושין הוא – But he is a shaliach who was not given the authority to effect divorce! Since he was told to hand the get to another, not to deliver it, he cannot effect divorce, and so he cannot appoint a shaliach. Some said Rav Safra’s argument was correct, but some said that Rav Safra was mistaken since the husband had originally instructed him to deliver it himself, so he could appoint another shaliach. In another incident, a shaliach was instructed not to deliver the get for thirty days. In the interim, he became unable to deliver it after the thirty days would pass, and Rava told him he could appoint another shaliach. The Rabbis asked Rava that he was a שליח שלא ניתן ליגורשין, since he could not effect divorce during that period. He answered: כיון דלבתר תלתין יומין מצי מגרש – Since, after thirty days, he can effect divorce, כשליח שניתן לגירושין הוא – he is considered even during the interim like a shaliach given the authority to divorce.
