1,714. Calling for a Get Before Dying in Uncertain Circumstances

Hilchos Geirushin 2:13

Let’s say that a healthy person tells others to write a get for his wife and they write it, sign it and deliver it to her. If he kills himself immediately afterward, such as by throwing himself from the roof or jumping into the sea, the get is valid. However, if he climbs onto the roof and is battered by the wind until he falls and dies, the get is invalid. If there’s any doubt as to whether he threw himself off the roof or was knocked off by the wind, the get is valid until it is determined that he was definitely knocked off by the wind. Similarly, if a man was thrown into a pit and called out that whoever hears his voice should write a get for his wife, those who hear should write the get and deliver it to his wife, assuming that they know who he is. The get remains valid even if they later remove him from the pit and cannot identify him. This is because in a dangerous situation, a get can be written and delivered even if they don’t know who the man is. Similarly, if a man has been so beaten that he can’t possibly survive – even if the greater part of his throat has been cut – if he gestures and says to write a get for his wife, the others should write and deliver it because even though he will soon die, he’s alive right now (so it will not be considered a get delivered after one’s death).

Hilchos Geirushin 2:14

Let’s say that a man is emotionally troubled and, when his condition is beginning, he instructs others to write a get for his wife. His words are not heeded because his thinking isn’t clear. The same is true of a person who gets as drunk as Lot was described as being in the Torah. If someone is intoxicated but not yet as drunk as Lot, the divorce is in doubt.