Yerushalmi Gittin 2:5 ירושלמי גיטין ב׳:ה׳

MISHNAH: Everybody is acceptable to write the bill of divorce, even an insane, a deaf-and-dumb, or a minor¹¹⁴As explained in the Halakha, they may write only the formulaic text which does not have to be written specifically for the divorcing couple. This justifies the inclusion of the deaf-and-dumb.. The wife may write her bill of divorce¹¹⁵She has to hand the completed bill to her husband who must have it signed by the witnesses and return it to her in front of witnesses. and a man his receipt¹¹⁶The debtor who pays his debt may present the creditor with a receipt which the latter signs. The text of the receipt does not have to be in the creditor's hand., for the certification of the bill of divorce is only effected by its signatures. Everybody is acceptable to bring the bill of divorce except an insane, a deaf-and-dumb, a minor, a blind person¹¹⁷It is explained in the Babli that the blind person is disqualified only for bills of divorce transported across the border since he cannot affirm that he saw its writing and signing., or a Gentile.¹¹⁸Since the rules of divorce are biblical, they can be fulfilled only by a person subject to the biblical rules.

HALAKHAH: “Everybody is acceptable to write the bill of divorce,” etc. Rav Huna said, only if a sane person watches over them¹¹⁹If an incompetent person (insane, deaf-and-dumb, or minor) writes the text, they must be directed by a person who knows for what they write. The same statement is in the Babli, 22b/23a.. Rebbi Joḥanan asked¹²⁰The translation follows the Geniza text and Sefer ha‘Iṭṭur (27b).: But is it not written: “He shall write for her,” in her name⁵In Mishnah 3:2, the anonymous majority permit the routine production of forms of bills of divorce where everything is written in advance and only the names of husband and wife, the date, and the statement of divorce are then inserted for the particular couple involved in the divorce; but R. Jehudah holds that the requirement that “he write for her” (Deut. 24:1) can only be fulfilled if the bill was written specifically for that wife from the first letter to the last.? Samuel said, it is necessary that one reserve the essential text for him¹²¹The essential text must be written by a responsible person under the husband’s direction. The Babli agrees, 23a.. This follows what Rebbi Simeon ben Laqish said, writing the essential text with the formula is invalid¹⁰⁰This refers to Mishnah 3:2, in which permission is given to scribes to prepare the formulaic text of divorce documents, so that only the names of husband and wife and the date have to be inserted, without violating the commandment that the document be written specifically for the woman concerned. It is not mentioned in the Mishnah whether the text which turns the document into one of divorce, “this is your bill of divorce and you are permitted to every man” is part of the formulaic text or has to be written with that particular woman in mind. R. Joḥanan permits this sentence to be written as a formula, R. Simeon ben Laqish prohibits. (In the Babli, 21b, the attributions are switched, probably because the Babli insists that practice follow R. Joḥanan.) In the interpretation of the Babli, the divorce formula may be prepared in advance for R. Eleazar, for whom only the witnesses to the delivery of the text are important, but not for R. Meïr, for whom the witnesses signing the document are those who validate the divorce. It is impossible to know whether the Yerushalmi would agree to this interpretation..