tag:blogger.com,1999:blog-5589564.post8202619408522319762..comments2024-03-05T21:22:43.426-05:00Comments on parshablog: Gittin 62b: A Woman Conveying Her Own Get, And Begging The Questionjoshwaxmanhttp://www.blogger.com/profile/03516171362038454070noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5589564.post-50221928787026072522008-09-11T14:26:00.000-04:002008-09-11T14:26:00.000-04:00oops -- "against his will" should read "against he...oops -- "against his will" should read "against her will"<BR/><BR/>and the excerpt from the gemaras is from my Rif blog, which explains the notes in curly brackets which show where Rif diverges from our gemara.joshwaxmanhttps://www.blogger.com/profile/05149022516101476797noreply@blogger.comtag:blogger.com,1999:blog-5589564.post-82484567301753659752008-09-11T14:24:00.000-04:002008-09-11T14:24:00.000-04:00According to Torah law, a man can divorce his wife...According to Torah law, a man can divorce his wife against his will. (Though this is subject to one of the cherems of Rabbenu Gershom.) But the get needs to come into her possession, even according to Torah law.<BR/><BR/>There is an interesting gemara in tomorrow's daf yomi (Gittin 63a) in which a woman does not accept her get:<BR/><BR/>"That there was a certain man who sent a get to his wife. The agent came and found that she was kneading. He said to her: Here is your get.<BR/>She said to him: Let it be a deposit by you. {our gemara omits the "deposit"}<BR/>Rav Nachman said: If it is in accordance with Rabbi Chanina, I would take appropriate action {declaring it a valid get}."<BR/><BR/>So they were suggesting that they interpret her statement in a way that she has come into possession of it.<BR/><BR/>And earlier, in Gittin 55b, we have:<BR/>"Rava said: From the testimony of Rabbi Yochanan ben Gudgada, we derive that if he said to witnesses, "see the get that I am giving to her," and he turns around and says {to her} take this bond {of credit}, she is divorced. Does Rabbi Yochanan ben Gudgada not say that we do not require her daat {knowledge}."<BR/><BR/>Thus, the husband can trick her into accepting the get, and it would be a valid get. However, if she refuses to accept it in such a way that it never comes into her possession, then she is not divorced.<BR/><BR/>Of course, any practical situation can have slight divergences from the above situation, so in a real halachic question, ask your local Orthodox rabbi.<BR/><BR/>Kol Tuv,<BR/>Joshjoshwaxmanhttps://www.blogger.com/profile/05149022516101476797noreply@blogger.comtag:blogger.com,1999:blog-5589564.post-32203703537311599532008-09-11T14:11:00.000-04:002008-09-11T14:11:00.000-04:00How about a situation where a woman refuses to acc...How about a situation where a woman refuses to accept the gett? if the man has a gett written up, and the wife does not accept it, what is the situation under Torah law? are they married or divorced?Devorahhttps://www.blogger.com/profile/00793434651294780439noreply@blogger.com