Overview
The Rambam opens Hilchot Gerushin by defining the Torah requirements for divorce.
The central principle is:
A woman can only be divorced through a properly written and properly delivered Get.
The chapter establishes the ten Torah requirements, the role of witnesses, delivery rules, and rabbinic safeguards.
Introduction
There are two mitzvot in Hilchot Gerushin:
Positive Commandment
A husband who divorces must do so through a written document (a Get).
Negative Commandment
A man may not remarry his former wife after she has married another man.
Halachah 1
The Ten Torah Requirements of a Get
A valid Get requires:
- The husband divorces willingly.
- Divorce is through writing.
- The writing indicates divorce.
- The document completely severs the marriage.
- It is written specifically for this woman.
- No additional act is needed after writing except delivery.
- It is given to her.
- It is given before witnesses.
- It is given as a Get.
- The husband or his agent gives it.
Everything else, such as:
- Date
- Signatures
is Rabbinic.
Halachah 2
Divorce Depends on the Husband’s Will
The Torah says:
“If she does not find favor in his eyes.”
From this the Rambam learns:
A husband cannot be divorced from his wife against his will.
However:
A woman can be divorced even against her will (under Torah law).
Halachah 3
Sources for the Requirements
From the verse:
“He shall write her a bill of severance and place it in her hand.”
We learn:
- It must be written.
- It must be written for her.
- It must sever the relationship.
- It must be placed in her hand (or equivalent domain).
Halachah 4
Proper Language of a Get
Valid phrases include:
- “You are divorced.”
- “You are sent away.”
- “You are permitted to any man.”
The essential wording is:
“You are permitted to any man.”
Invalid wording includes:
- “I am not your husband.”
- “I am not your man.”
Because that describes him, not her release.
Halachah 5
Divorce Takes Effect Immediately
The phrase:
“He shall send her from his house”
does not mean she must leave the house physically.
Rather:
Once she receives the Get she is divorced.
Even if she still stands inside the house.
Halachah 6
No Additional Action After Writing
A Get may not require another act besides delivery.
Therefore:
If written on a cow’s horn:
He must give her the cow.
If he cuts off the horn afterward:
The Get is invalid.
Halachah 7
Writing on Attached Property
A Get may not be written on something attached to the ground.
However:
If only the boilerplate section was written while attached, and the essential individualized parts were written after detachment:
The Get is valid.
Halachah 8
Writing on a Growing Leaf
If the Get is written on a leaf still attached to an attached plant:
It is invalid.
This is a Rabbinic decree lest one cut it afterward.
Writing on the flowerpot itself is valid.
Halachah 9
Given as a Get
The Get must be given:
As a divorce document.
If he hands it to her claiming it is:
- A debt document
- A mezuzah
or something else,
it is invalid.
Halachah 10
Concealing the Purpose from Her
If the husband tells witnesses:
“Watch me give her a Get”
but tells her:
“Take this debt document”
the Get is valid.
We assume he was embarrassed before her.
Halachah 11
What Must the Husband Say?
Normally he should say:
“This is your Get.”
If he says nothing:
The Get is invalid.
Exception:
If they were already discussing the divorce and then he handed it to her,
It is valid.
Halachah 12
She Must Receive It From Him
If the Get was lying on the ground and he said:
“Pick up your Get”
it is not a Get.
The Torah requires:
“He shall give.”
The husband must perform an act of delivery.
Halachah 13
Witnesses Are Essential
A woman who today is married cannot become free tomorrow without witnesses.
Therefore:
If a Get is given privately:
It is not a valid divorce.
Two witnesses are required.
Halachah 14
Husband’s Handwriting and One Witness
If the husband wrote the Get himself and there is only one witness:
It is an invalid Get.
However, it creates enough concern to disqualify her from marrying a Kohen.
Halachah 15
Why Did Chazal Require Signatures?
Originally:
Delivery witnesses were the essential witnesses.
But witnesses may later die.
Therefore Chazal required signatures on the document itself.
Even with signatures:
Delivery witnesses remain the primary basis of divorce.
Halachah 16
Signed Get Given Without Witnesses
If a Get contains valid signatures but was delivered privately:
According to the Rambam:
It is valid.
Because the signatures themselves serve as proof.
Some Geonim disagreed.
Halachah 17
Forged-Looking Get
If one signature is invalid:
Even if the Get was delivered before valid witnesses:
The Get is invalid.
Because it appears forged internally.
Halachah 18
Empty Space Before Signatures
Large gaps between text and signatures invalidate the document.
However:
If valid delivery witnesses saw the delivery,
The Get remains valid even without signatures.
Again:
Delivery witnesses are primary.
Halachah 19
Witnesses Must Read the Get
The delivery witnesses must know what is being delivered.
Therefore they read the Get:
- Before delivery,
- Or immediately afterward.
If the Get returns to the husband’s possession, they read it again.
Halachah 20
The Get Was Destroyed
If the witnesses read it and she immediately burns or throws it away:
She is divorced.
We trust what the witnesses read.
Halachah 21
They Never Read It
If they never read it and it is destroyed:
She is only ספק מגורשת (possibly divorced).
Halachah 22
Get Thrown Among Other Documents
If he throws it into her property and afterwards only one other document is found:
We assume that document is what he threw.
If several documents are present:
There is doubt and she is only possibly divorced.
Halachah 23
Witnesses Who Cannot Read or Sign
Witnesses must generally know how to:
- Read
- Sign
If they cannot sign, a temporary guide mark may be made for them.
This leniency applies only to Gittin to prevent agunah situations.
Halachah 24
Additional Rabbinic Enactments
The Sages required:
Full names
Witnesses should write their names clearly.
Signing together
Witnesses must sign in each other’s presence.
Dating the Get
A date is required.
The reason:
To prevent a husband from protecting an adulterous relative by backdating a divorce.
Halachah 25
Defective Dates
The following are invalid:
- No date
- Early date
- Written one day and signed another
- Wrong city of writing
The Get must reflect the actual place and time.
Halachah 26
Partial Dates
A Get remains valid if:
- Only the week is written.
- Only the month is written.
- Only the year is written.
Even vague but identifiable timing can suffice.
Halachah 27
Dating by the Government
Chazal required dating according to the reigning government.
This was done:
For the sake of peaceful relations with the authorities.
Later Jewish practice developed standardized dating systems such as:
- From Creation
- The Seleucid Era
Halachah 28
Delay Between Authorization and Writing
If a husband instructed:
“Write and deliver a Get”
and years later it is finally written,
the date used is:
The actual writing date.
Not the original authorization date.
Key Principles of Chapter 1
| Topic | Rule |
| Divorce document | Must be a written Get |
| Husband’s consent | Required |
| Written for her | Required |
| Complete severance | Required |
| Delivery | Required |
| Witnesses | Required |
| Delivery witnesses | Primary according to Rambam |
| Signatures | Rabbinic safeguard |
| Written on attached object | Invalid |
| Must be given as a Get | Required |
| Date on Get | Rabbinic requirement |
| Government dating | Required by enactment |
Chapter Theme
Chapter 1 lays the foundation for all of Hilchot Gerushin. The Rambam defines the ten Torah requirements for a valid Get and repeatedly emphasizes that the essence of divorce is a properly written document, delivered by the husband to the wife before valid witnesses, creating a complete and final severance of the marriage.