Overview
Chapter 6 discusses:
- The various types of agents involved in divorce.
- When a wife becomes divorced through her agent.
- Who may serve as an agent.
- Revocation of a Get.
- Cancellation of a Get before delivery.
- Presumptions regarding the husband’s life and status.
The central theme is:
A Get may be delivered through agents, but their authority and actions must exactly follow the husband’s and wife’s instructions.
Halachah 1
Agent for Receiving the Get
A wife may appoint a Shaliach Kabbalah (receiving agent).
Once the Get reaches that agent’s hand:
The divorce takes effect immediately.
The appointment and delivery require witnesses.
Halachah 2
When the Agent Has the Get
If the Get remains in the receiving agent’s possession:
No additional proof is necessary.
Possession of the Get is treated like possession by the wife herself.
Nevertheless, initially the husband should deliver the Get before witnesses.
Halachah 3
Husband’s Delivery Agent
A husband cannot appoint someone to receive a Get on behalf of his wife.
He may appoint only a:
Shaliach Holachah (delivery agent).
Halachah 4
Agent Sent by the Wife
A wife may appoint a:
Shaliach Hava’ah (bringing agent)
to collect the Get from her husband and bring it to her.
Unlike a receiving agent, no witness appointment is required.
Halachah 5
Divorce Occurs Only Upon Delivery
When using a delivery or bringing agent:
The wife is not divorced until the Get reaches her hand.
Halachah 6
Who May Serve as an Agent?
Everyone may serve except:
- Non-Jews
- Slaves
- Deaf-mutes
- The mentally incompetent
- Minors
If one of these acts as agent:
The Get is invalid.
Halachah 7
Women and Relatives
The following may serve:
- Women
- Relatives
- Those disqualified only by Rabbinic law
However, someone disqualified by a Torah violation may not serve as a bringing agent.
Halachah 8
Agent’s Status Must Exist at Beginning and End
If someone received the Get while disqualified and only later became qualified:
The Get is invalid.
Examples:
- Minor who became adult
- Non-Jew who converted
- Slave who was freed
Conversely, if he was qualified when appointed and when delivering:
The Get is valid even if he temporarily lost capacity in between.
Halachah 9
Appointing a Receiving Agent
If the wife says:
“Take my Get for me and hold it on my behalf,”
she has appointed a receiving agent.
A minor girl cannot appoint such an agent.
Halachah 10
Husband Rejects the Receiving Agency
If the wife appoints a receiving agent and the husband says:
“I do not want you acting as receiving agent. Take it and deliver it to her,”
the husband may convert him into a delivery agent.
The divorce then occurs only upon actual delivery.
Halachah 11
Agent Misrepresents His Authority
If the wife appointed him as a receiving agent but he tells the husband:
“I am only a bringing agent,”
he altered his mission.
Even if the Get reaches the wife:
The divorce is invalid.
Halachah 12
Reducing, Not Expanding
If she appointed him as a receiving agent and he presents himself merely as a bringing agent:
The divorce takes effect once the Get reaches her.
Because he reduced, rather than contradicted, her authority.
Halachah 13
Wife Turns Delivery Agent into Custodian
If the husband’s messenger arrives and she says:
“Leave it with you as a deposit”
or appoints him as her receiving agent,
there is uncertainty.
The divorce remains doubtful until the Get actually reaches her.
Halachah 14
Reading the Get
When an agent delivers a Get:
The delivery witnesses must read the Get.
If they do not and the Get is later lost or destroyed:
The divorce is doubtful.
Halachah 15
Delivery Without Witnesses
If the agent improperly delivered it privately:
He should retrieve it and redeliver it before witnesses.
If he dies and the Get is found in her possession:
The divorce remains valid.
Halachah 16
Revoking the Get
A husband may revoke the Get before it reaches:
- The wife
- Her receiving agent
He may revoke it by:
- Telling the messenger
- Telling the wife
- Sending another messenger
- Declaring before witnesses that it is revoked
Once it reaches her:
It can no longer be revoked.
Halachah 17
Attempted Revocation
Even if the husband is actively chasing after the messenger in order to revoke the Get:
If the Get reaches her first:
The revocation fails.
Halachah 18
Revoking Before One Messenger
If multiple agents were appointed:
The husband may revoke before even one of them.
That revocation affects the Get.
Halachah 19
Formal Protest (Moda’ah)
A husband may declare before witnesses:
“Any Get I write is invalid.”
This constitutes a Moda’ah.
If properly made, later Gittin may be invalidated.
Halachah 20
Preventing a Moda’ah
Because of this danger, the witnesses instruct him before writing:
Any prior statements invalidating this Get are themselves cancelled.
Only then do they proceed.
No formal kinyan is required.
Halachah 21
Revoking the Agency vs. Revoking the Get
If the Get is already with the messenger and the husband revokes:
Usually he revokes only:
The agency.
The same Get may later be reused.
But if he explicitly says:
“This Get itself is void,”
the document becomes permanently invalid.
Halachah 22
Effective Language of Revocation
Examples:
- “This Get is void.”
- “I do not want it.”
- “It should be like a shard.”
These effectively revoke the Get.
Halachah 23
Ineffective Language
Statements such as:
- “This is not a Get.”
- “It does not work.”
do not necessarily revoke it.
They merely describe it.
Therefore they do not invalidate the Get.
Halachah 24
Ambiguous Revocation
If his wording is unclear:
The divorce is doubtful.
Halachah 25
Celebrating the Delay
If the messenger reports:
“I could not find her,”
and the husband responds:
“Baruch HaTov VeHaMeitiv”
or similarly expresses happiness,
this does not revoke the Get.
Only explicit revocation works.
Halachah 26
Punishment for Improper Revocation
A man who secretly revokes a Get or files a Moda’ah may be punished with:
Makkat Mardut.
Because he can cause future children to be considered mamzerim.
Halachah 27
Presumption of Validity
When a messenger arrives with a Get:
We assume it was not revoked.
The wife may remarry based upon it.
Halachah 28
Presumption That the Husband Is Alive
A messenger may deliver a Get if the husband was:
- Sick
- Elderly
when last seen.
He is presumed alive.
The same applies to:
- A city under siege
- A ship in danger
- A man going to court
until proven otherwise.
Halachah 29
Cases of Doubtful Life
If:
- A city was captured
- A ship was lost
- A man was dragged away by an animal
- A flood carried him away
- A building collapsed upon him
we apply both stringencies:
He may be alive or dead.
If a Get is delivered in such circumstances:
The divorce is only doubtful.
Halachah 30
Financial Obligations Continue
A husband who has sent a Get remains obligated for:
- Support
- Ketubah obligations
- Marital responsibilities
until the Get reaches:
- The wife, or
- Her receiving agent.
Key Principles of Chapter 6
| Topic | Rambam’s Ruling |
| Receiving agent | Divorce occurs upon receipt |
| Delivery agent | Divorce occurs upon delivery to wife |
| Non-Jew, slave, minor, etc. | Cannot serve as agent |
| Women and relatives | May serve as agents |
| Revoking Get before delivery | Effective |
| Revoking after delivery | Ineffective |
| Moda’ah | Can invalidate future Get |
| Explicit revocation required | Yes |
| Presumption husband alive | Usually maintained |
| Husband’s obligations end | When Get is received |
Chapter Theme
Chapter 6 establishes the law of agency in divorce. The Rambam explains how agents can stand in place of husband or wife, precisely when a divorce takes effect through those agents, and under what circumstances a husband can still revoke the process. The chapter concludes with important presumptions designed to protect the integrity and reliability of Jewish divorce proceedings.