From the Rav’s Desk: Shaalos Veteshuvos on Gittin

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Question:

Can a husband who desires to give a Get to his wife who is overseas appoint a Shliach to arrange the Get on his behalf [i.e. Sofer, Eidim, a Shliach Holacha], via telephone or must he appoint them in person, face to face?

 

Answer:

This matter is debated amongst the Poskim based on the question of whether it is necessary for the person’s actual physical voice to be heard to have a valid power of attorney for Gittin, which is not fulfilled through telephone. This debate applies to appointing both the person to arrange the Get, the Sofer, the Eidim, and Shliach Hovah or Holcha. The position of the Rebbe is that it is invalid. [However, a woman may appoint a Shliach Kabalah to receive her Get.]

 

See Encyclopedia Talmudit Vol. 18 p. 757 Nispach Lierech Chashmal; Beis Yitzchak E.H. 2:12-13; 53; Chazon Ish E.H. 85; Shearim Hametzuyanim Behalacha Shabbos 77:4; Beir Moshe 7 Kuntrus Elektri 33; Mishneh Halachos 14:113; Chashmal Behalacha 1:210 Chapter 17; Techumin 14:276; Yashiv Yitzchak 44:86; Minchas Asher 2:96 Poskim who rule valid: Aruch Hashulchan E.H. 140:18 [regarding Sheliach Kabalah]; Shaareiy Deiah 1:194; Maharshag 2:250; Yam Hagadol E.H. 82; Minchas Shlomo 66; Igros Moshe E.H. 1:116; O.C. 100; 4:91-4; Rav Elimelech Shechter in Koveitz Kevod Harebbe p. 268, and in name of Rav Moshe Feinstein and Rav Y.B. Soloveichik; Yabia Omer 10 E.H. 18; Beis Avi 1:125; Poskim in Encyclopedia ibid footnote 87;  Invalid: Tzitz Eliezer 10:47; 22:72; Rebbe in Igros Kodesh 23:304; 34:333; Likkutei Sichos 9:336; 21:496;

Question:

Can a Get be sent to a woman via email?

 

Answer:

No. It is not possible for a Get to be valid via email [even if she prints it] due to several reasons [i.e. not Lishma, Not Kesiva, not Nesina] and it is Biblically invalid, and the wife remains Kosher Lekehuna]. In the event that the wife is in a different location than the husband and is unable to travel to the husband to receive the Get, then the Get is mailed [with registered mail] to the local Beis Din in her location, which then arranges for the Get to be given to her with kosher witnesses in a location designated by the Beis Din.

 

Sources: Yashiv Yitzchak 16:19; 44:85-86; See a dispute regarding the status of validity of a printed Get: Shut Rameh 93 [valid]; Get Pashut 125:15 [invalid];  Peri Chadash E.H. 125 [valid]; Chelkas YaakovE.H. 105 [invalid even Bemakom Igun]; Rokeiach Pesach 280; Michaber E.H. 119; Taz Y.D. 271:8; See regarding Pesul Lekehuna and if may return to husband if he is a Kohen: Michaber E.H. 150

About The Author

Rabbi Yaakov Goldstein is a 6th generation descendent of the famous Chief Rabbi of Izhmir, Rav Yehoshua Avraham Krispin, who authored a number of Sefarim, and was a colleague of Rav Chaim Falagi, and father in-law of the Pesach Hadvir. He currently lives with his wife Shayna, and twelve children K”H, in Tzfas, Israel. Rabbi Goldstein received Semicha from Rabbi Schneur Zalman Labkowski of the Tomchei Temimim headquarters in 2005 and served as a chaplain in the Lotar/Kalatz and K9 unit of the IDF from years 2005-2008. He is also a certified Shochet, and has performed Hashgacha work in slaughterhouses. Rabbi Goldstein is the director of Shulchanaruchharav.com, the world’s leading web-based Halacha database, and is the director of the Home Study Semicha Program, a self-study web-based Semicha program. He is a prolific author of over 50 Sefarim studied by a wide range of readers throughout the world, which is used regularly in Semicha programs around the globe. He is a world renowned Posek, answering questions to a web-based market, and serves as a local Posek, Rav, and Lecturer, in the Tzemach Tzedek community Shul in Tzefas, Israel. His many classes can be heard both from his website, Vimeo and YouTube channel. Students can join live to classes given in the Tzemach Tzedek Shul, through the “בית חבד צפת Chabad Tsfat” YouTube channel.

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