Gittin - Daf 65
- ג' מדות בקטן
Rava listed the various stages of a minor’s ability to perform transactions: ג' מדות בקטן – There are three categories of minors. (1) צרור וזורקו אגוז ונוטלו – If he possesses enough intelligence that he throws away a stone, but takes a nut, זוכה לעצמו ואין זוכה לאחרים – he can acquire for himself, but still cannot acquire for another. A girl at this stage can be Rabbinically married to require מיאון. (2) הפעוטות – Young children (whose ages are defined on Daf 59a) מקחן מקח וממכרן ממכר במטלטלין – can buy and sell movable items. A girl of this age can be divorced, even from a Biblical marriage performed by her father. (3) הגיעו לעונת נדרים – Once they reach the age of making nedarim (i.e., a year before maturity), נדריהן נדר והקדשן הקדש – their nedarim or hekdesh-designations are effective. A girl of this age can perform chalitzah if she reached physical maturity.
- מראה מקום or קפידא re: gittin and eruv techumin
The next Mishnah states: האומר תן גט זה לאשתי במקום פלוני – One who says, “Give this get to my wife in such and such a place,” ונתנו לה במקום אחר פסול – and he gave it to her in another place, it is invalid, because he objects to being disgraced elsewhere. If he simply tells the shaliach where she is, and he gives it to her elsewhere, the get is valid, because he was merely identifying her location, but does not care where it is given. If the wife tells a shaliach where to accept her get, and he accepts it elsewhere, it is invalid for the same reason. Rebbe Elazar, however, says it is valid. Although he agrees that the husband, who can choose where to divorce his wife, may insist on the location he dictates to his shaliach, Rebbe Elazar holds that since the wife can be divorced against her will wherever the husband gives it to her, מראה מקום היא לו – she is just identifying [her husband’s] location, but does not mean to insist on it. The Gemara applies this machlokes to one who instructs a shaliach to make an eruv techumin for him out of dates, and the shaliach made it from dried figs. Just as they argue if someone is particular about their instructions when it makes no difference to them (such as the wife), they would argue if this eruv is valid and the Rabbonon would hold that it is invalid. The Gemara then says that even the Rabbonon only say the woman is particular because she does care where the get is given but agree that such an eruv would be valid.
- Which phrases of the husband are instructions to write and deliver a get
The next Mishnah states: האומר כתבו גט ותנו לאשתי – One who says, “Write a get and give it to my wife,” גרשוה or, “Divorce her,” כתבו איגרת ותנו לה – or, “Write a letter and give it to her,” הרי אלו יכתבו ויתנו – they may write and give the get. However, if he said: פטרוה – “Release her,” פרנסוה – or, “Provide for her,” עשו לה כנימוס – or, “Do for her according to the law,” עשו לה כראוי – or, “Do for her as is fitting,” לא אמר כלום – he has said nothing, for it is unclear if he was requesting a get or something else (e.g., to provide for her material needs). A Baraisa teaches that the phrases שלחוה, שבקוה, תרכוה – “Send her away,” “Abandon her,” and “Banish her,” are all adequate instructions for writing and giving a get. The Gemara asks about several other cases, such as הוציאוה – “Make her go out,” and resolves only one, עשו לה כדת – “Do for her according to the law,” which a Baraisa teaches is inadequate.
