Gittin - Daf 64
- Husband vs. third party: who is believed?
The Gemara says: בעל אומר לפקדון – If a husband says he gave a get to a third party as a deposit (to watch), ושליש אומר לגירושין – but the third party says it was given to him for divorce (as the wife’s שליח לקבלה), Rav Huna says the husband is believed, because his giving it to a third party, rather than directly to his wife who lives in the same city, supports his claim. Rav Chisda says the third party is believed, דהא הימניה – because [the husband] entrusted him by putting the get in his possession. Although a Baraisa teaches that a third party is believed to settle a monetary dispute between litigants, the Gemara explains: שאני ממון דאיתיהיב למחילה – a dispute about money is different, because it may be forgiven by its true owner, but the husband cannot enable a third party to be believed concerning a get. Rabbah says that Rav Huna would agree that if the wife claims she saw the husband give the get to the third party for divorce purposes, she is believed, since if had she wanted to lie, she could have taken the get and claimed the husband gave it to her.
- The husband, third party, and wife are all not believed when they say the get was given for divorce
If the husband and a third party both say the get was given to the third party for divorce, and the wife says she received the get and lost it, Rebbe Yochanan says that no one is believed because הוה דבר שבערוה – it is a matter of forbidden relations, and two witnesses are required to establish the divorce. The Gemara first asks why the third party is not believed (since the husband does not contradict him), and answers that since the get is not currently in his possession, he has no basis to be believed. The Gemara then asks that the husband should be believed, because Rebbe Yochanan said: בעל שאמר גירשתי את אשתי נאמן – A husband who says, “I divorced my wife,” is believed (since he is able to do so). It answers that here, the husband himself does not know, or claim, that the get was actually delivered. Although there is a principle that חזקה שליח עושה שליחותו – there is a presumption that a shaliach performs his task (so we should assume he gave the get), this cannot be relied on for a leniency. Finally, the Gemara asks that the woman should be believed to say she was divorced, because חזקה אין האשה מעיזה פניה בפני בעלה – there is a presumption a woman would not be so brazen before her husband to falsely claim she was divorced. It answers that where the husband supports her claim, she may falsely claim she was divorced.
- Machlokes whether a נערה המאורסה can accept her get
The next Mishnah states: נערה המאורסה – A naarah who is an arusah, היא ואביה מקבלין את גיטה – she or her father can accept her get. Rebbe Yehudah says: אין שתי ידים זוכות כאחת – Two hands cannot have the ability to acquire at one time. אלא אביה מקבל את גיטה בלבד – Rather, only her father can accept her get. The Gemara explains that the Tanna Kamma holds: ידא יתירתא זכי לה רחמנא – the Merciful One granted her an extra hand in allowing both her and her father to accept the get. Rebbe Yehudah holds: במקום אביה – in the place where her father can accept the get, יד דילה לאו כלום היא – her hand is powerless to accept it. The Mishnah concludes: וכל שאינה יכולה לשמור את גיטה – Any girl unable to take care of her get, אינה יכולה להתגרש – cannot be divorced. A Baraisa explains this to mean that a minor who is too young to understand the concept of divorce (and returns to her husband after the divorce) cannot be divorced. The Baraisa defines this age, and the Gemara explains it: כל שמבחנת בין גיטה לדבר אחר – anyone who can differentiate between her get and another item can be divorced.
