Yerushalmi Gittin 3:5 ירושלמי גיטין ג׳:ה׳

MISHNAH: If somebody is transporting a bill of divorce in the Land of Israel when he falls sick, he may send it by somebody else¹⁰⁴Since the messenger does not have to declare that the bill was written and signed before him, there is no reason why the original messenger would have to deliver the bill.. If [the husband] had told him, take from her such and such¹⁰⁵If the wife wants the divorce, the husband can require to be paid for it., he cannot send it by somebody else since he¹⁰⁶The husband. A person entrusted to handle valuables cannot transfer his responsibilities to another person without becoming liable for any damages that may occur; cf. Ketubot 9:5, Note 144. does not want to see his valuables in somebody else’s hand.

HALAKHAH: “If somebody is transporting a bill of divorce in the Land of Israel when he falls sick,” etc. Because he falls sick; therefore not if he did not fall sick¹⁰⁷Without special authorization, the messenger who transports the bill of divorce cannot appoint a substitute. In Babylonian sources (Babli 29a, Tosephta 2:13) any messenger is empowered to deliver the bill to a substitute unless the husband explicitly restricted his powers..

This does not disagree with what Rebbi Joḥanan said, since Rebbi Joḥanan said, if an agent handed over to another agent, the first one is responsible¹⁰⁸Unless the principal gave his prior agreement. The main source is Qiddušin 1:4 (60b 1.48). In the Babli (Baba Qama 11b, 56b; Baba Meṣi‘a 36a) the matter is in dispute. In this opinion, the messenger who chooses a substitute if there are valuables involved accepts responsibility for any accidents that may befall the substitute for his mishandling of the matter.. Rebbi Abba the son of Rebbi Ḥiyya: Because of a condition of the divorce¹⁰⁹He reads the Mishnah as stating that the divorce shall become valid only if (a) the bill of divorce was delivered and (b) the valuables were delivered by the wife to the designated messenger. A substitute can fulfill (a) but not (b), invalidating the divorce.. What is the difference between them? If the husband came earlier and took it¹¹⁰The valuable he wanted from the wife.. If you say, because of a condition of the divorce, that is understandable¹¹¹The Mishnah which states that the messenger cannot appoint a substitute, meaning that the appointment of a substitute invalidates the divorce.. If you say, because I do not want to see my valuables in somebody else’s hand, his valuables are not in somebody else’s hand¹¹²In this case, one has to read the Mishnah as stating that the messenger should not appoint a substitute, but such an appointment does not invalidate the divorce.. Is it the same for preliminary marriages¹¹³According to R. Joḥanan, can an agent appointed to conclude a preliminary marriage by proxy appoint a substitute agent?? What is the difference between divorces and preliminary marriages? One can divorce through the agency of anybody¹¹⁴Since the divorce does not need the consent of the wife, the choice of the agent is the husband’s and is irrelevant.. One cannot preliminarily marry through the agency of anybody¹¹⁵An agent not approved by the prospective bride is useless..