Gittin - Daf 71
- A חרש who can communicate through writing
Rav Kahana said in the name of Rav: חרש שיכול לדבר מתוך הכתב – A deaf-mute who is able to communicate in writing, כותבין ונותנין גט לאשתו – they may write and give a get to his wife based on his written instructions. Although the Mishnah already taught that a man who became mute (אלם/נשתתק) can instruct a shaliach through gesturing to write a get, a mute is generally mentally competent in all areas, whereas a חרש must establish his competency. Rebbe Zeira challenged Rav from a Baraisa: The passuk says: "אם לא יגיד" –, “If he does not relate his testimony,” פרט לאלם שאינו יכול להגיד – this excludes a mute, who is unable to relate his testimony (from the korban for falsely denying knowledge). According to Rav, a mute should be able to testify through writing!? Abaye responded that the Torah explicitly disqualifies written testimony, for the Torah says, "מפיהם" – from their mouths, ולא מפי כתבם – but not from their writing. Rav is later challenged from a Baraisa which teaches that written instructions from a חרש are only relied upon for monetary transactions, but not for gittin. The Gemara concludes it is a machlokes Tannaim, based on the Baraisa brought below.
- If someone born a חרש can divorce his wife
In a Baraisa, Rabban Shimon ben Gamliel says: במה דברים אמורים – Where are these words said that we cannot write a get based on gestures of a חרש? בחרש מעיקרו – Only to one who was originally a deaf-mute. אבל פיקח ונתחרש – But one who was competent and became a deaf-mute, הוא כותב והן חותמין – he can write a get, and others can sign it. His writing is sufficient to prove he remains competent. The Gemara asks that even one who was originally a חרש should be able to divorce through gesturing: כשם שכונסה ברמיזה – Just as he marries through gesturing, כך מוציאה ברמיזה – he also divorces through gesturing. Since his marriage is only effective Rabbinically, but not Biblically, the Rabbis allowed him to divorce in the same way. The Gemara answers that we are discussing a case where he is married Biblically, namely, a yevamah who was married to his competent brother. Since she was married Biblically, and intention is not required for yibum, she becomes married to the חרש Biblically, and he cannot divorce her.
- Contradiction in the Mishnah if instructions must be given directly to the scribe and witnesses
The next Mishnah states: אמרו לו נכתוב גט לאשתך – If they said to him, “Should we write a get for your wife?” ואמר להן כתובו – and he said to them, “Write,” and the sheluchim instructed a sofer to write it and others to sign it, and they did so, הרי הגט בטל – the get is void, עד שיאמר לסופר כתוב ולעדים חתומו – unless he says to the scribe, “Write,” and to the witnesses, “Sign.” The first clause of the Mishnah indicates that the get is invalid because he explicitly instructed the sheluchim to write it (because he does not want others to know about his inability to write it himself). This implies that if the husband had said simply "תנו" – Give [a get], they would be able to appoint others (if they are three people, constituting a Beis Din). This reflects the view of Rebbe Meir, who holds מילי מימסרן לשליח – mere words can be given over to a shaliach to appoint another. The Gemara asks that the Mishnah concludes it is only valid if he himself instructed the sofer and witnesses (but not if he told sheluchim "תנו"), which is the opposing view of Rebbe Yose, who says מילי cannot be given over to a shaliach!? The Gemara concedes that the two parts of the Mishnah reflect differing opinions. Other answers are suggested but are ultimately rejected. Rav Ashi offers another interpretation on the next Daf.
