1,715. Gesturing for a Get When Unable to Speak

Hilchos Geirushin 2:15

Let’s say that a healthy person instructs others to write a get and deliver it to his wife, after which he becomes emotionally disturbed. In such a case, we wait until he recovers before writing and delivering the get. It is not necessary to confirm the matter with him after he regains his faculties. If the get is written and delivered before he recovers, it is invalid.

Hilchos Geirushin 2:16

If a man loses the ability to speak but is still mentally sound, we ask him if we should write a get for his wife. If he nods indicating yes, we check his response by asking him three different questions. If we see that he answers yes and no appropriately, they should write and deliver the get. We evaluate his condition thoroughly to ensure that he is of sound mind. Similarly, if he writes that they should write a get and deliver it to his wife, they should do so if he’s of sound mind. This is because the rules applying to one who loses the power of speech are not the same as those for a person with congenital deafness.