Gittin - Daf 63
- Machlokes if הולך is equivalent of זכי
A Baraisa states: התקבל לי גיטי – If a woman told someone, “Accept my get for me,” ואשתך אמרה התקבל לי גיטי – and the shaliach told the husband, “Your wife said, ‘Accept my get for me,’” והוא אומר הולך ותן לה – and [the husband] said, “Bring and give it to her,” זכי לה – or “acquire it for her,” והתקבל לה – or “accept it for her,” רצה לחזור לא יחזור – if he wishes to retract, he cannot retract. This Tanna holds that all these terms, including הולך, imply accepting the get on her behalf. Rebbe Nassan disagrees in the case of הולך because he holds that הולך is not equal to saying זכי. Rebbe says that the husband cannot retract unless he said אי איפשי שתקבל לה – “I do not want you to accept it for her, אלא הולך ותן לה – rather, bring and give it to her.” He also holds הולך is like זכי, and the Gemara explains his purpose is to teach the law where he says "אי אפשי", or that the Baraisa is teaching that Rebbe is the Tanna Kamma.
The Gemara discusses if "הילך" – This [get] is for you, would be like זכי even according to Rebbe Nassan. A Baraisa eventually proves that it is.
- If a woman may make a shaliach to receive a get from the husband’s shaliach
Rav says: אין האשה עושה שליח לקבל לה גיטה מיד שליח בעלה – A woman cannot make a shaliach to accept her get from her husband’s shaliach. Rebbe Chanina says she can. Two reasons are given for Rav’s position: (1) משום בזיון דבעל – Because of the husband’s disgrace. He may take offense at her apparent refusal to accept the get herself and void the shelichus of delivery. (2) משום חצרה הבא לאחר מיכן – Because of the case of her courtyard which comes to her possession after the get was placed there. Such a get is invalid, because the husband did not place it in her hand or her courtyard. Appointing a shaliach to accept the get after the husband appointed a shaliach to deliver it can be confused with the above case, and the Rabbis therefore disqualified such a shelichus. A practical difference between the two reasons would emerge where she appointed a שליח לקבלה before the husband appointed a שליח להולכה, which is not similar to חצרה הבאה לאחר מכאן. The Gemara discusses a case where the woman told the husband’s shaliach that he should accept it for her because her hands were covered in dough. A potential issue is raised: לא חזרה שליחות אצל הבעל – the shelichus does not return to the husband, meaning his shelichus ends before he could possibly report that he completed it, which may not be a valid shelichus. The question is not resolved.
- עשו עדים שליחותן
The Gemara relates a story in which witnesses who were instructed to write a get wrote the wife’s name incorrectly, invalidating the get. Rav Yitzchak bar Shmuel bar Marsa maintained they could not write a second get because, quoting from Rav: עשו עדים שליחותן – the witnesses completed their shelichus (albeit improperly), and are no longer sheluchim. Rabbah objected: מי קאמר להו כתובו חספא והבו לה – Did he tell them, “Write a pottery shard and give it to her?!” He instructed them to write a valid get, not a worthless one, and they did not yet complete their task. Rather, Rabbah said that if they wrote a valid get and subsequently lost it, they cannot write a second one, having successfully written a valid get. Rav Nachman objected to this as well, since he certainly wanted them to write and deliver the get, which they did not do. Rather, he held: כותבין ונותנין אפי' מאה פעמים – They may write [a get] and give it even a hundred times until one is effective.
