Talmud Yerushalmi
Yerushalmi Gittin 1:3 ירושלמי גיטין א׳:ג׳
Part of: Chapter 1
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משנה: הַמֵּבִיא גֵט בְּאֶרֶץ יִשְׂרָאֵל אֵינוֹ צָרִיךְ שֶׁיֹּאמַר בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם. אִם יֵשׁ עָלָיו עוֹרְרִים יִתְקַיֵים בְּחוֹתְמָיו. הַמֵּבִיא גֵט מִמְּדִינַת הַיָּם וְאֵינוֹ יָכוֹל לוֹמַר בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם אִם יֵשׁ עָלָיו עֵדִים יִתְקַיֵים בְּחוֹתְמָיו. אֶחָד גִיטֵּי נָשִׁים וְאֶחָד שִׁיחֲרוּרֵי עֲבָדִים שָׁוִין לַמּוֹלִיךְ וְלַמֵּבִיא. וְזוֹ אֶחָד מִן הַדְּרָכִים שֶׁשָּׁווּ גִיטֵּי נָשִׁים לְשִׁיחֲרוּרֵי עֲבָדִים.
MISHNAH: Somebody who brings a bill of divorce from the Land of Israel does not have to say: “It was written and signed before me.” If the document is contested, it should be confirmed by its signers96The court at the place of origin can confirm that the signatures are genuine. A document bearing two certified signatures cannot be attacked. Since courts in the Land of Israel are usually competent, a bill of divorce which is not contested does not have to be certified.. If somebody brings a bill of divorce from overseas and is unable to say: “it was written and signed before me,” it should be confirmed by its signers.
Bills of divorce and slaves’ bills of manumission are equal in [the requirement] about those who carry and bring103They have to be written and signed before the messenger when executed or delivered outside the Land, or have to be confirmed by a court before being delivered to a messenger.. This is one of the aspects in which bills of divorce, have the same rules as bills of manumission104This is an introduction to a series of Mishnaiot on the same subject. Since the slave of a Jew becomes a full member of the Jewish endogamous society upon his manumisson, strict rules are justified..
MISHNAH: Somebody who brings a bill of divorce from the Land of Israel does not have to say: “It was written and signed before me.” If the document is contested, it should be confirmed by its signers96The court at the place of origin can confirm that the signatures are genuine. A document bearing two certified signatures cannot be attacked. Since courts in the Land of Israel are usually competent, a bill of divorce which is not contested does not have to be certified.. If somebody brings a bill of divorce from overseas and is unable to say: “it was written and signed before me,” it should be confirmed by its signers.
Bills of divorce and slaves’ bills of manumission are equal in [the requirement] about those who carry and bring103They have to be written and signed before the messenger when executed or delivered outside the Land, or have to be confirmed by a court before being delivered to a messenger.. This is one of the aspects in which bills of divorce, have the same rules as bills of manumission104This is an introduction to a series of Mishnaiot on the same subject. Since the slave of a Jew becomes a full member of the Jewish endogamous society upon his manumisson, strict rules are justified..
הלכה: הַמֵּבִיא גֵט בְּאֶרֶץ יִשְׂרָאֵל כול׳. מִי עִירֵר. רַב חִסְדָּא אָמַר. הַבַּעַל עִירֵר. אָמַר רִבִּי יוֹסֵי. הַלְּקוּחוֹת עוֹרְרִין שֶׁלֹּא תִיטָּרֵף מִיָּדָן. רִבִּי יוּדָן בָּעֵי. עַד כְּדוֹן בְּעֶרֶר שֶׁחוּץ לְגוּפוֹ. עֶרֶר שֶׁבְּגוּפוֹ תַּפְלוּגְתָא דְּרִבִּי יוֹחָנָן וְרַבָּנִין דְּתַמָּן. עַל דַּעְתֵּיהּ דְּרַבָּנִין דְּתַמָּן לֹא שַׁנְיָיה. הוּא עֶרֶר שֶׁחוּץ לְגוּפוֹ. הִיא עֶרֶר שֶׁבְּגוּפוֹ. עֵרֵר שֶׁחוּץ לְגוּפוֹ עֱרָרוֹ בָטֵל. וְעֶרֶר שֶׁבְּגוּפוֹ עֱרָרוֹ קַיָים.
HALAKHAH: “Somebody who brings a bill of divorce from the Land of Israel,” etc. Who protests? Rav Ḥisda said, the husband protests97It is the position of the Babli, 9a, that in the absence of witnesses to fraud only the husband has standing to question the validity of a bill of divorce. Tosaphot 9a, s.v. אלא, read R. Yose’s statement in the argument of the Babli; this does not seem to be justified.. Rebbi Yose said, the buyers protest, lest she repossess from them98If the husband had real estate at the place of his wife which he sold and then sent a bill of divorce to his wife from far away without the payment due her upon divorce, the divorcee can reclaim any real estate sold after the date of her definitive marriage up to the value of the ketubah payment due her.. Rebbi asked: So far a protest which does not concern the text of the bill10E. g., if the husband claims that he had attached a condition to the bill not provided for in the bill and that the condition was not satisfied. Since the condition was not presented to the court which oversaw the delivery of the document, it cannot be considered.. A protest which concerns the text of the bill11He claims that the entire bill is fake or that there is an intrinsic defect which makes the entire document invalid. is in dispute between Rebbi Joḥanan and the rabbis there99Their dispute is in Yebamot 10:4 (Notes 97–102) and Ketubot 2:2. The Babylonian rabbis hold that a document whose signatures have been notarized as genuine by a court cannot be attacked.. In the opinion of the rabbis there, there is no difference to a protest concerning or not concerning the body of the bill. 100A clause is missing here: “In the opinion of R. Joḥanan”. A protest not concerning the text of the bill is void, a protest concerning the text of the bill is valid101A claim that a document is forged must always be investigated..
HALAKHAH: “Somebody who brings a bill of divorce from the Land of Israel,” etc. Who protests? Rav Ḥisda said, the husband protests97It is the position of the Babli, 9a, that in the absence of witnesses to fraud only the husband has standing to question the validity of a bill of divorce. Tosaphot 9a, s.v. אלא, read R. Yose’s statement in the argument of the Babli; this does not seem to be justified.. Rebbi Yose said, the buyers protest, lest she repossess from them98If the husband had real estate at the place of his wife which he sold and then sent a bill of divorce to his wife from far away without the payment due her upon divorce, the divorcee can reclaim any real estate sold after the date of her definitive marriage up to the value of the ketubah payment due her.. Rebbi asked: So far a protest which does not concern the text of the bill10E. g., if the husband claims that he had attached a condition to the bill not provided for in the bill and that the condition was not satisfied. Since the condition was not presented to the court which oversaw the delivery of the document, it cannot be considered.. A protest which concerns the text of the bill11He claims that the entire bill is fake or that there is an intrinsic defect which makes the entire document invalid. is in dispute between Rebbi Joḥanan and the rabbis there99Their dispute is in Yebamot 10:4 (Notes 97–102) and Ketubot 2:2. The Babylonian rabbis hold that a document whose signatures have been notarized as genuine by a court cannot be attacked.. In the opinion of the rabbis there, there is no difference to a protest concerning or not concerning the body of the bill. 100A clause is missing here: “In the opinion of R. Joḥanan”. A protest not concerning the text of the bill is void, a protest concerning the text of the bill is valid101A claim that a document is forged must always be investigated..
דּתַנֵּי. הַמֵּבִיא גֵט מִמְּדִינַת הַיָּם וְלֹא נִכְתַּב לְפָנָיו וְלֹא נֶחְתַּם לְפָנָיו. הֲרֵי מַחֲזִירוֹ לִמְקוֹמוֹ. וְעוֹשֶׂה עָלָיו בֵּית דִּין וּמְקַיְימוֹ בְחוֹתְמָיו וְאֵינוֹ צָרִיךְ שֶׁיֹּאמַר. בְּפָנַיי נִכְתַּב וּבְפָנַיי נֶחְתַּם. אֶלָּא אוֹמֵר. שָׁלִיחַ בֵּית דִּין אָנִי.
As it was stated102Tosephta 1:1.: “If somebody brings a bill of divorce from overseas which was not written and signed in his presence, he returns the bill to its place of origin, presents it to a court and has its signatures notarized. Then he does not have so say, ‘it was written and signed before me’, but he says, ‘I am deputized by the court.’ ”
As it was stated102Tosephta 1:1.: “If somebody brings a bill of divorce from overseas which was not written and signed in his presence, he returns the bill to its place of origin, presents it to a court and has its signatures notarized. Then he does not have so say, ‘it was written and signed before me’, but he says, ‘I am deputized by the court.’ ”