Thursday, 14 January 2016
Sunday, 10 January 2016
when delivering the divorce document sent by an ill, or elderly, husband, can it be presumed that the husband will still be alive when the document is delivered to the soon-to-be-ex-wife. Other cases are discussed if the person in a vulnerable, and unknown, situation can be presumed to be alive or dead.
- it may have been thrown away for good reasons.
or by her.
should a lost divorce document be returned? who to? perhaps the husband changed his mind and never gave it to his wife. Perhaps there is another couple with the same names in the same city. Or perhaps she threw it away... a few pages ago it is discussed if a husband gives his wife a get, and she throws it away or destroys it, it is still valid and she is divorced. so perhaps wives have the habit of throwing away these documents.
especially for her
for her sake
so he won't leave her in a hurry
he might calm down and stay.
A divorce document must be written specifically for the woman about to be divorced. It is discussed if the standard part of this document, and other documents can be prepared in advance, with a space left blank for the details, the names and date. But it all needs to be written for her sake. One reason suggested is that the time taken for the document to be written entirely, is enough time for the husband to stop being angry with his wife, and change his mind about divorcing her. although it does make her vulnerable to being abandoned, should he leave in a hurry.
Friday, 8 January 2016
getting to Jerusalem first,
or sleeping with his son.
this page discusses why a husband cannot retroactively designate an ambiguous divorce document and decide which of his wives to discuss. The mishna rejects this as the document has to be written for a specific wife, but then it discusses the case of a man saying he will divorce the wife who comes out of the door first. making it dependent on another person's actions. The rest of the page discusses this type of retroactive clarification, and compares it to a case where a father says that the Pesach offering is for whichever of his children get to jerusalem first (to motivate them), only for his daughters to have more enthusiasm than his lazy sons (because if girls beat boys, there must be something wrong with the boys...) The other case of retroactive designation cited is if a man says to a woman that sleeping together would be an act of betrothal, only if his father approves.
Wednesday, 6 January 2016
but it has to be her, specifically her, who is finally released.
earlier it is mentioned that a woman can deliver her own divorce document to the court and declare that it was written and signed. This page questions the need for this as she is is divorced on receiving this document. The discussion deduces that this is in the case where the husband has given the divorce on condition that she is his agent, to a particular court, to be given in a particular way. including her needing to appoint an agent to receive for her. something that is controversial as it may be degrading to the husband if she does this. it seems so controlling that even in the process of her being released from him, he has to make her fulfill his conditions, despite how it may affect or degrade her. Also on this page is the opening mishna to the next chapter which emphasises that the divorce document has to be written specifically for her, not another wife of the same name, etc. but her. only her.
Tuesday, 5 January 2016
what mind can be trusted to deliver?
one that begins, and ends straight,
never-mind the crazy in-between.
one that is free, but not too free-thinking,
even if they HATE her.
this page discusses who can be an agent to deliver the divorce document. it isn't the same as those who can't write the document, like an imbecile, and other people halacha deems incompetent to understand what is going on. Although if you start (when you receive the doc) and end (when you deliver the doc) then it's ok to deliver the doc, even if you have a episode of crazy incompetence in-between. Also, a slave cannot be an agent, but neither can a gentile. who is not considered suitable to write the document as they are not bound to be thoughtful about jewish law and write the document for her sake. And finally, those women who hate her and therefore cannot be trusted to testify that her husband has died, allowing her to remarry, they can deliver the divorce document. despite their hate. because the document is really only ratified by the writing and the signing. not the delivery. And who are the women who hate the soon to be ex-wife? the mother-in-law, sister-in-law....
Monday, 4 January 2016
and people who cannot understand what they are writing.
a get (divorce document) can only be written on something that is detached from the ground. it is discussed if a plant in a perforated pot is considered detached or attached. also on this page is the mishna that outlines that anyone can write a get, including imbeciles, deaf-mutes and minors. people who are usually not considered halachically capable of understanding.