משנה: הָאִשָּׁה שֶׁאָֽמְרָה הִתְקַבֵּל לִי גִּיטִּי צְרִיכָה שְׁנֵי כִיתֵּי עֵדִים. שְׁנַיִם שֶׁאוֹמְרִים בְּפָנֵינוּ אָֽמְרָה וּשְׁנַיִם שֶׁאוֹמְרִים בְּפָנֵינוּ קִיבְּלָהּ וְקָֽרְעָהּ אֲפִילוּ הֵן הָרִאשׁוֹנִים וְהֵן הָאַחֲרוֹנִימד אוֹ אֶחָד מִן הָרִאשׁוֹנִים וְאֶחָד מִן הָאַחֲרוֹנִים וְאֶחָד מִצְטָרֵף עִמָּהֶן. נַעֲרָה מְאוֹרָסָה הִיא וְאָבִיהָ מְקַבְּלִין אֶת גִּיטָּהּ. רִבִּי יְהוּדָה אוֹמֵר אֵין שְׁתֵּי יָדַייִם זוֹכוֹת כְּאַחַת אֶלָּא אָבִיהָ מְקַבֵּל גִּיטָּהּ בִּלְבַד. וְכָל־שֶׁאֵינָהּ יְכוֹלָה לְשַׁמֵּר אֶת גִּיטָּהּ אֵינָהּ יְכוֹלָה לְהִתְגָּרֵשׁ. קְטַנָּה שֶׁאָֽמְרָה. הִתְקַבֵּל לִי גִיטִּי. אֵינוֹ גֵט עַד שֶׁיַּגִּיעַ גֵּט לְיָדָהּ. לְפִיכָךְ אִם רָצָה הַבַּעַל לְהַחֲזִיר יַחֲזִיר שֶׁאֵין הַקָּטָן עוֹשֶׂה שָׁלִיחַ. וְאִם אָמר לוֹ אָבִיהָ. צֵא וְהִתְקַבֵּל לְבִתִּי גִיטָּהּ. אִם רָצָה לְהַחֲזִיר לֹא יַחֲזִיר. MISHNAH: A woman who said, accept my bill of divorce for me, needs two groups of witnesses48Since a divorce is a public act it must be executed in front of at least two witnesses. The agent certainly needs two witnesses for the delivery since the woman herself must receive the bill in front of two witnesses. It is only natural that the agent needs two witnesses to legitimize his status (or be appointed by a duly witnessed document.); two who say that she appointed in their presence and two who say that in their presence he received it and tore it up49It is not necessary that the bill be torn up after delivery; this clause is added only to show that the divorce is valid even if the document never reaches the wife because it was torn up after delivery. (This has nothing to do with current rabbinic practice to cut up the bill of divorce after delivery in order to prevent outsiders from questioning the validity of the document.), even if the first ones are the latter ones, or one of the first together with one of the latter and a third person is associated with them50There do not have to be four different people; there may also be two or three.. A preliminarily married adolescent girl51Between the ages of 12 years and 12 years and six months; cf. Nedarim 10:1, Note 1. Since she is over 12 years of age, she is able to act in law. But since she is not definitively married, she is still under her father’s authority., or her father, can accept her bill of divorce. Rebbi Jehudah says, no two hands can acquire together; only her father alone can accept her bill of divorce. Any female52This statement is independent of the preceding one; it deals with an insane woman or an underage girl who was definitively married and, therefore, is emancipated from her father’s power. If she is too young to understand the meaning of divorce and the need to keep the document until she has collected all the monies due her, she cannot be divorced and the husband cannot escape the obligation to feed and house her. who cannot take care of her bill of divorce cannot be divorced.
If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand. Therefore, if the husband wants to retract he can retract since an underage person cannot appoint an agent. But if her father said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.80This was explained in the preceding Halakhah.
הלכה: הָאִשָּׁה שֶׁאָֽמְרָה הִתְקַבֵּל לִי גִּיטִּי כול׳. שְׁנַיִם שֶׁאָֽמְרוּ. בְּפָנֵינוּ אָֽמְרָה. וּשְׁנַיִם שֶׁאָֽמְרוּ. בְּפָנֵינוּ קִיבֵּל וְקָרַע. וְהוּא מוֹדֶה. יִצְטָרֵף הַשָּׁלִיחַ. תִּיפְתָּר שֶׁהָיָה קָרוֹב. הָדָא אָֽמְרָה שֶׁהַקָּרוֹב נַעֲשֶׂה שָׁלִיחַ. HALAKHAH: “A woman who said, accept my bill of divorce for me,” etc. Two say that she appointed in their presence and two say that in their presence he received and tore it. But if he53The husband. The wife only needs testimony that the bill was delivered in order to be able to remarry. Why does the Mishnah not state that the agent together with another person can testify in her behalf? agrees, the agent should be able to be added. Explain it, it he was a relative54A close relative who is inadmissible as witness.. This implies that a relative can act as agent.
נַעֲרָה מְאוֹרָסָה הִיא וְאָבִיהָ מְקַבְּלִין גִּיטָּהּ. רֵישׁ לָקִישׁ אָמַר. כְּמַחֲלוֹקֶת בְּגִיטִּין כָּךְ מַחֲלוֹקֶת בְּקִידּוּשׁין. אָמַר רִבִּי יוֹחָנָן. הַכֹּל מוֹדִין בְּקִידּוּשִׁין שֶׁאִמָּהּ מְקַדְּשָׁהּ וְלֹא הִיא. מוֹדֶה רֵישׁ לָקִישׁ בְּנִישּׂוּאִין. לֹא הַכֹּל מִמֶּנָּה לְהַשִּׂיא אֶת עַצְמָהּ וּלְהַפְסִיד מַעֲשֵׂה יָדֶיהָ לְאָבִיהָ. עַל דַּעְתֵּיהּ דְּרִבִּי יוֹחָנָן אֵין לָהּ דַּעַת אֶצֶל אָבִיהָ וְאֵינוֹ עוֹשָׂה שָׁלִיחַ. עַל דַּעְתֵּיהּ דְּרֵישׁ לָקִישׁ יֵשׁ לָהּ דַּעַת אֶצֶל אָבִיהָ וְהִיא עוֹשָׂה שָׁלִיחַ. מַתְנִיתָא פְלִיגָא עַל רִבִּי יוֹחָנָן. הָאִישׁ מְקַדֵּשׁ בּוֹ וּבִשְׁלוּחוֹ וְהָאִשָּׁה מִתְקַדֶּשֶׁת בָּהּ וּבִשְׁלוּחָהּ. פָּתַר לָהּ בִּגְדוֹלָה. וְהָתַנִּינָן. קְטַינָּה שֶׁאָֽמְרָה. הִתְקַבֵּל לִי גִיטִּי. אֵינוֹ גֵט עַד שֶׁיַּגִּיעַ גֵּט לְיָדָהּ. פָּתַר בִּיתוֹמָה. וְהָא תַנִּינָן. אִם אָמר לוֹ אָבִיהָ. צֵא וְהִתְקַבֵּל לְבִתִּי גִיטָָּהּ. אִם רָצָה לְהַחֲזִיר לֹא יַחֲזִיר. פָּתַר לָהּ לִצְדָדִין הִיא מַתְנִיתָה. רֵישָׁא בִיתוֹמָה וְסֵיפָא בְּשֶׁיֵּשׁ לָהּ אָב. מַתְנִיתָא פְלִיגָא עַל רֵישׁ לָקִישׁ. הָאִישׁ מְקַדֵּשׁ אֵֶת בִּתּוֹ כְּשֶׁהִיא נַעֲרָה בּוֹ וּבִשְׁלוּחוֹ. פָּתַר לָהּ כְּרִבִּי יְהוּדָה. דְּרִבִּי יְהוּדָה אָמַר. אֵין שְׁתֵּי יָדַיִם זוֹכוֹת כְּאַחַת. דְּאָמַר רִבִּי יוֹסֵי. חַד רַב נְפַק מִבֵּית ווַעֲדָא אֲמַר. נְפַק עוֹבְדָא כְּרִבִּי יוֹחָנָן. וְסָֽמְכִין עֲלוֹי. לָא הֲוָה צְרִיכָא מִיסְמוֹךְ עֲלוֹי אֶלָּא דַהֲוָת מִן יַמָּא לְטִיגְנֵי. 55A parallel is in Qiddušin 2:1; the readings there are noted ק.“A preliminarily married adolescent girl51Between the ages of 12 years and 12 years and six months; cf. Nedarim 10:1, Note 1. Since she is over 12 years of age, she is able to act in law. But since she is not definitively married, she is still under her father’s authority., or her father, can accept her bill of divorce.” Rebbi Simeon ben Laqish said, like the disagreement about divorce is the disagreement about preliminary marriage56The rabbis allow the adolescent girl to contract a preliminary marriage; R. Jehudah reserves this right to the father. The same discussion is in the Babli, Qiddušin 43b–44a.. Rebbi Joḥanan said, everybody agrees about preliminary marriage that [her father]57Reading from Qiddušin. The text here has “mother”; but the mother has no say during the father’s lifetime. contracts but not she herself. Rebbi Simeon ben Laqish agrees about a definitive marriage that she is not empowered to marry herself off and let her father lose her earnings58Since the father has the right to his adolescent unmarried daughter’s earnings, Mishnah Ketubot 4:6. One must assume that R. Simeon ben Laqish holds that the girl must deliver to her father any valuables she received for her preliminary marriage.. In the opinion of Rebbi Joḥanan she has no legal standing relative to her father59But an orphan girl or a definitively married one becomes able to act in law (and appoint agents) once she reaches the age of 12 years and one day. and cannot appoint an agent. In the opinion of Rebbi Simeon ben Laqish she has legal standing relative to her father and can appoint an agent. A Mishnah disagrees with Rebbi Joḥanan: 60Qiddušin 2:1.“A man contracts a preliminary marriage by himself and through his agent and a woman contracts a preliminary marriage by herself and through her agent.” He explains it about an adult woman. But did we not state61Mishnah Giṭṭin 6:3.: “If an underage girl said, accept the bill of divorce for me, it is no valid bill until the bill of divorce reaches her hand.62While the Mishnah confirms that the girl cannot appoint an agent, it seems to contradict the statement that the adolescent has no standing in law since she is able to accept her bill of divorce.” He explains it about an orphan63Including an “orphan during her father’s lifetime”, cf. Note 20.. But did we not state61Mishnah Giṭṭin 6:3.: “If her father64If the Mishnah speaks about an orphan, there could be no father. said to [an agent]: Go and receive my daughter’s bill of divorce, if [the husband] wants to retract he cannot retract.” He explains that the Mishnah deals with cases; the first part about an orphan and the second part if she has a father. A Mishnah disagrees with Rebbi Simeon ben Laqish. 60Qiddušin 2:1.“A man may contract a preliminary marriage for his adolescent daughter either by himself or by his agent.65Since this is a sentence in the same Mishnah which stated that a woman may agree to a preliminary marriage, the absence of any mention of the power of the girl implies that she cannot enter a preliminary marriage on her own.” He explains that following Rebbi Jehudah66The Babli agrees, Qiddušin 44a., since Rebbi Jehudah said, “no two hands can acquire together; only her father alone can accept her bill of divorce.” Rebbi Yose said, a rabbi came out from the assembly and said, a case was decided following Rebbi Joḥanan67The court denied the right of an adolescent girl to marry on her own initiative.. Can one rely on that68There is no name attached to this information; it is impossible to check the standing of the informant in the legal hierarchy.? It was no question of relying on him since it was as from the sea to the frying pan69The statement was made immediately after judgment was rendered. For the expression “from the sea to the frying pan” cf. Berakhot 4:5, Note 233; Babli Qiddušin 44a..
חֲבֵרַייָא אָֽמְרִין. בֶּחָצֵר וּבְאַרְבַּע אַמּוֹת פְּלִיגִין. רִבִּי יוֹחָנָן אָמַר. יֵשׁ לָהּ חָצֵר וְיֵשׁ לָהּ אַרְבַּע אַמּוֹת. רֵישׁ לָקִישׁ אָמַר. אֵין לָהּ חָצֵר וְאֵין לָהּ אַרְבַּע אַמּוֹת. רִבִּי אֶלְעָזָר אָמַר. בֶּחָצֵר פְּלִיגִין וְאֵין לָהּ אַרְבַּע אַמּוֹת. מִי אָמַר רִבִּי יוֹחָנָן בְּפִשּׁוּט יָדַיִם. רִבִּי אֶלְעָזָר שָׁאַל. חֲצֵירוֹ שֶׁלַּשָּׁלִיחַ מָהוּ שֶׁתֵּיעָשֶׂה כְיָדוֹ. The colleagues said, they70R. Joḥanan and R. Simeon ben Laqish disagree about the legal standing of a minor. The corresponding discussion in the Babli is Baba Meṣiʻa 10b. This paragraph really refers to Mishnah 3. disagree about courtyard71As the Babli, Baba Meṣiʻa 11a, explains in the name of the Galilean R. Yose ben R. Ḥanina, a fenced-in property acquires for a person even if he is not aware of it. For example, if somebody lost an article without distinguishing marks on somebody else’s fenced-in courtyard, that article becomes automatically the courtyard owner’s property since it cannot be reclaimed by the person who lost it. Nobody else is allowed to take it.
In the Babli, the disagreement between R. Joḥanan and R. Simeon ben Laqish is explained to the effect that R. Joḥanan considers the courtyard as an extension of its owner’s hand. Since Mishnah 3 states that a minor legally can receive her bill of divorce, she has a “hand” and, therefore, her courtyard acquires for her. R. Simeon ben Laqish holds that the courtyard is its owner’s agent and since the minor cannot appoint an agent, her courtyard cannot acquire for her. and four cubits72If a person stands still in the public domain and nobody else is within 8 cubits from her, anything found or delivered to her at a distance of at most 4 cubits belongs to her (cf. Mishnaiot 8:2, Yebamot 3:9). The question is whether this rule extends to emancipated underage females (it certainly does not extend to underage males.). Rebbi Joḥanan said, she has both courtyard and four cubits. Rebbi Simeon ben Laqish said, she has neither courtyard nor four cubits. Rebbi Eleazar said, they disagree about the courtyard but she has no four cubits. What73מִי is a Babylonian Aramaic particle used as a general question mark. In Galilean Aramaic, it should be מַה. did Rebbi Joḥanan say about outstretched hands74In Halakhah 8:2, R. Joḥanan states that an adult woman standing in the public domain is divorced if the husband throws her the bill (in front of two witnesses) and it lands close enough for her to take it up without moving her feet. According to R. Eleazar, who states that R. Joḥanan agrees that an underage girl has no 4 cubits, it is questionable whether throwing the bill within the reach of the underage wife’s hands is delivery in the meaning of the verse. The question is not answered.? Rebbi Eleazar asked, does an agent’s courtyard act as his hand75Following R. Joḥanan, is a woman divorced if the husband throws the bill into her agent’s courtyard in the presence of two witnesses? This question is not answered either.?
נִישֵּׂאת הִיא לֹא אָבִיהָ. קְטַנָּה אָבִיהָ לֹא הִיא. נִיסֵּית בֵּין הִיא בֵין אָבִיהָ. אִם יֵשׁ בָּהּ דַּעַת הִיא לֹא אָבִיהָ. אֵי זוֹ הִיא קְטַנָּה שֶׁהִיא צְרִיכָה לְהִתְגָּרֵשׁ. אָמַר רִבִּי יוֹחָנָן. כָּל־שֶׁנּוֹתְנִין לָהּ גִּיטָּהּ וְדָבָר אַחֵר עִמּוֹ וְהִיא מוֹצִיאָה אוֹתוֹ לְאַחַר זְמָן. 76This paragraph is explained by R. Nissim Gerondi, Commentary to Alfasi Chapter 6, #510. If she is definitively married, she but not her father77The Mishnah which gives the father the right to receive the bill of divorce of his adolescent, preliminarily married daughter, excludes the definitively married daughter over which the father has no power and who can be divorced only by direct delivery of the bill to her.. An underage girl, her father but not she78To divorce a preliminarily married underage girl, the bill must be delivered to the father.; if she is definitively married, both she and her father79The definitively married underage girl who lacks understanding (as defined in this paragraph by R. Joḥanan) cannot be divorced since her standing is the same as her father’s. Since her father cannot receive her bill of divorce because by definitive marriage she became emancipated from him, so she cannot receive her bill of divorce, as explained in the Mishnah.. If she has understanding, she but not her father. Who is an underage girl who needs to be divorced [by herself]? Rebbi Joḥanan said, any female who is given her bill of divorce together with something else and she produces it after some time.