Gittin - Daf 33
- Was Rabban Gamliel’s תיקון העולם because of a concern of ממזרים or עגונות?
In the Mishnah on Daf 32a, Rabban Gamliel decreed that one could not void a get except in the presence of the wife or shaliach, because of "תיקון העולם" – societal benefit. Amoraim dispute the nature of this benefit. Rebbe Yochanan said: מפני תקנת ממזרים – to remedy a potential problem of mamzerim. He holds like the opinion that originally, the husband could void the get in front of only two people, ובי תרי לית להו קלא – and news seen by two people does not become known,והיא לא שמעה – and she does not hear that the get was voided, ולא ידעה ואזלה ומינסבא – and without knowing this, will go and marry, causing mamzerim to be born. Reish Lakish said: מפני תקנת עגונות – to remedy a potential problem of agunos. He holds like the opinion that originally, the husband had to void the get before three people, which ensures that the wife will hear about it and not remarry. Although mamzerim will not result, she will remain unable to remarry. By increasing the difficulty of voiding the get, the husband is less likely to bother.
- Machlokes if one voided the get before Beis Din, in violation of the decree
It was taught in a Baraisa: Rebbi says: בטלו מבוטל – If [the husband] voided the get before a Beis Din and not in his wife’s (or a shaliach’s) presence, in violation of the decree, it is voided. Rabban Shimon ben Gamliel says the get is not voided, שא"כ מה כח ב"ד יפה – for if [it is], what good is the power of Beis Din, whose decree can be ignored? The Gemara wonders how a get which, Biblically speaking, has been voided, can possibly effect a divorce based on a Rabbinical decree declaring it valid. It explains: כל דמקדש אדעתא דרבנן מקדש – Whoever marries, marries according to the Rabbis’ will (that is, it is made conditionally to conform with Rabbinic law), ואפקעינהו רבנן לקידושין מיניה – and the Rabbis, to enforce their decree, uprooted the marriage retroactively.
- Machlokes about voiding some of multiple sheluchim in the absence of the others
It was taught in a Baraisa: אמר לעשרה כתבו גט לאשתי – One who said to ten people, “Write a get for my wife,” where any of them can write it and any two of them can sign it, Rebbe says: יכול לבטל זה שלא בפני זה – he is able to void the authority of some of them in the absence of the others. Rabban Shimon ben Gamliel says he cannot void any shaliach unless they are all present. Two explanations of the machlokes are given. (1) The first is that Rebbe holds: עדות שבטלה מקצתה לא בטלה כולה – Testimony which is partially invalidated, does not become completely invalidated. Although he voided some of the sheluchim, the others who are unaware are still valid, and may legitimately write and give the get. Thus, it does not violate Rabban Gamliel’s decree. Rabban Shimon ben Gamliel holds that partially invalidated testimony is completely invalidated. All the sheluchim, including those who are unaware of the voiding, are invalidated, which presents the earlier risk that she will unknowingly marry based on an invalid get. (2) Alternatively, the Gemara explains Rabban Shimon ben Gamliel’s reason differently: מלתא דמתעבדא באפי עשרה – A matter put into effect before ten people, צריכא בי עשרה למישלפה – requires ten people to rescind it. Accordingly, unless all ten people are present for his voiding, none of the sheluchim are disqualified.
