Overview
Chapter 7 explains how a Get may be transported and delivered by an agent, particularly when it comes from outside Eretz Yisrael.
The primary topics are:
- Delivering a Get within Eretz Yisrael
- Delivering a Get from abroad
- The declaration “Befanai nichtav uvefanai nechtam”
- Authentication of signatures
- Successive agents
- Presumptions regarding the authenticity of a Get
The central principle is:
A Get brought from abroad requires special authentication so that the wife can rely upon it even if the husband later challenges it.
Halachah 1
A Get Brought Within Eretz Yisrael
An agent bringing a Get from one place to another within Eretz Yisrael may deliver it before witnesses even if:
- He did not see it being written.
- He does not know the witnesses.
- The signatures are not otherwise recognized.
The wife may rely upon the Get and remarry.
Halachah 2
The Husband Challenges the Get
If the husband later claims that:
- He never divorced her, and
- The Get is forged,
the signatures must be authenticated.
If they cannot be authenticated, she must leave a subsequent marriage, and children born from that marriage have the severe status stated by the Rambam.
If the Get was lost and cannot be examined, she is considered doubtfully divorced.
Halachah 3
Women Presumed to Be Hostile
Certain women are not trusted to bring one another’s Get within Eretz Yisrael because they are presumed hostile and may attempt to cause harm.
These include:
- A mother-in-law
- Her mother-in-law’s daughter
- A co-wife
- A sister-in-law awaiting yibbum
- Her husband’s daughter
Other women are generally qualified.
Halachah 4
Appointing a Replacement Agent in Eretz Yisrael
If the delivery agent becomes ill or is otherwise prevented from completing the mission, he may appoint another agent.
The second agent may appoint a third, even through a long chain.
The final agent delivers the Get before two witnesses, even if the original agent has died.
Halachah 5
A Get Brought From Abroad
An agent bringing a Get:
- From one place abroad to another
- From Eretz Yisrael abroad
- From abroad to Eretz Yisrael
must have witnessed its writing and signing.
Before delivering it, he declares:
“Before me it was written, and before me it was signed.”
He then gives it to the wife before the witnesses.
Halachah 6
The Husband’s Objection Is Rejected
After the agent makes the required declaration, the husband’s unsupported objection is disregarded.
Accordingly, even women normally presumed hostile may bring such a Get and make the declaration.
Halachah 7
Voluntary Declaration Within Eretz Yisrael
If an agent within Eretz Yisrael voluntarily declares:
“Before me it was written and signed,”
the declaration is effective.
The husband can no longer invalidate the Get through an unsupported objection.
If the agent did not witness the writing and signing, the signatures must be independently authenticated.
Halachah 8
Why the Declaration Is Required
The purpose of the declaration is to prevent the wife from later having to authenticate the signatures.
When a Get comes from abroad, the witnesses may not be available to confirm their signatures if the husband challenges it.
Halachah 9
Clear Evidence of Forgery
The agent’s declaration defeats only an unsupported challenge.
If the husband produces clear evidence that the Get is forged:
The Get is void.
The testimony of one agent was not accepted against conclusive evidence.
Halachah 10
Geographic Boundaries
Rivers and islands within the halachic boundaries of Eretz Yisrael are treated like Eretz Yisrael.
Areas beyond those boundaries are considered abroad.
For the laws of Gittin:
Babylonia is treated like Eretz Yisrael.
Halachah 11
Written in One Place and Signed in Another
If a Get was:
- Written in Eretz Yisrael
- Signed abroad
the agent must make the declaration.
If it was:
- Written abroad
- Signed in Eretz Yisrael
the declaration is not required.
Halachah 12
How Much Writing Must the Agent Witness?
The agent need not watch every word being written.
It is sufficient if he witnessed:
- The beginning of the Get
- Even its first line
- Or heard the scribe’s pen writing while present
He must also witness the signatures.
A brief absence by the scribe does not create concern that the Get was completed for someone else.
Halachah 13
An Incomplete Declaration
If the agent says only:
- “Before me it was written,” or
- “Before me it was signed,”
the signatures must be authenticated before delivery.
The same applies if he witnessed only one witness sign.
If additional testimony properly confirms the second signature, the Get may be delivered.
Halachah 14
Two Agents Bringing the Get
If two agents bring a Get from abroad, they need not make the special declaration.
Together they can testify that the husband appointed them and that the divorce occurred.
Their joint testimony prevents the husband from successfully challenging the Get.
Halachah 15
The Get Must Be in Both Agents’ Possession
The preceding rule applies when both agents jointly bring and present the Get.
If the Get is not considered to come from both of them, their incomplete testimony is insufficient unless the signatures are authenticated.
Halachah 16
One Witness to Writing and Two to Signing
If:
- One testifies that the Get was written before him, and
- Two testify that it was signed before them,
the Get is valid.
The signatures have been sufficiently authenticated.
Halachah 17
Failure to Make the Declaration at Delivery
If the agent delivers the Get without making the required declaration:
He must retrieve it and redeliver it before witnesses while making the declaration.
Even if the woman has already remarried, this corrective procedure should be followed.
If it is not corrected, the Get remains invalid until the signatures are authenticated.
Halachah 18
Agent Becomes Unable to Speak
If the agent delivered the Get but became unable to speak before making the declaration:
The signatures must be independently authenticated.
The declaration cannot be replaced by gestures.
Halachah 19
A Blind Agent or Female Agent
A blind person generally cannot bring this type of Get because he cannot testify that he witnessed its writing and signing.
If he saw the writing and signing before becoming blind, he may make the declaration before three judges.
A female agent also makes the declaration before three because she cannot join the panel as the third member.
Halachah 20
First Agent Becomes Ill
If the original agent becomes ill or unable to continue:
- He appears before a court.
- He declares that the Get was written and signed before him.
- The court appoints another agent.
The final agent says:
“I am an agent of the court.”
He need not personally make the original declaration.
Halachah 21
A Chain of Agents
If the second agent also becomes ill or unable to continue, he may appoint another agent before a court.
This may continue even through one hundred agents.
The final agent delivers the Get as an agent of the court, even if the original agent has died.
If the signatures were already authenticated, replacement agents may be appointed without a court.
Halachah 22
The New Agent Need Not Be Present
A person appointing an agent does not need the new agent to be physically present before the court.
He may declare:
“So-and-so is my agent.”
The same rule applies throughout a chain of replacement agents.
Halachah 23
Wife Temporarily Serving as Delivery Agent
A husband may give his wife the Get and instruct her to act as its delivery agent until she reaches a specified court.
She then states before the court:
“Before me it was written and before me it was signed.”
The court appoints another agent, who subsequently delivers the Get to her as instructed by the husband.
Only then is the divorce completed.
Halachah 24
A Get Already in the Wife’s Possession
If the husband gave her the Get without imposing the special agency arrangement, she need not authenticate it immediately.
When a properly written and signed Get is in her possession:
She is presumed divorced.
We do not automatically suspect that:
- She forged it.
- The husband previously revoked it.
- The witnesses were invalid.
- It was written improperly.
The Get remains presumed valid unless the husband successfully challenges it or evidence of invalidity emerges.
Key Principles of Chapter 7
| Topic | Halachic ruling |
| Get transported within Eretz Yisrael | No special declaration ordinarily required |
| Get brought from abroad | Agent declares it was written and signed before him |
| Purpose of declaration | Prevents later need to authenticate signatures |
| Husband’s unsupported objection | Disregarded after proper declaration |
| Proven forgery | Get is void |
| Two agents | Special declaration generally unnecessary |
| Replacement agent | May be appointed when the first is unable to continue |
| Final court-appointed agent | Says, “I am an agent of the court” |
| Missing declaration | Get must be redelivered or signatures authenticated |
| Get in wife’s possession | Presumed valid unless successfully challenged |
Chapter Theme
Chapter 7 establishes a practical system for safely transporting and authenticating Gittin across distant communities. The declaration “Before me it was written and before me it was signed” allows a single agent to establish the Get’s reliability, protects the wife from future unsupported challenges, and prevents her from becoming trapped because the original witnesses are unavailable.