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Mishnayos Gittin Perek 6 Mishnah 1

גיטין פרק ו׳ משנה א׳

1

With regard to one who says to another: Receive this bill of divorce for my wife, or: Deliver this bill of divorce to my wife as my agent, if the husband seeks to retract his designation and cancel the agency, he can retract it until the document reaches his wife’s possession. However, in the case of a woman who said to an agent: Receive my bill of divorce for me, and the husband handed the bill of divorce to her agent, if the husband seeks to retract his decision to divorce his wife upon receipt of the bill of divorce by the agent, he cannot retract it. Once the bill of divorce is transferred to her agent, its legal status is like that of a bill of divorce that was handed directly to her, and the divorce takes effect immediately. Therefore, if the husband said to the agent whom the woman designated to receive the bill of divorce: I do not want [ee ifshi] for you to receive the bill of divorce for her; rather, deliver it and give it to her, then if the husband seeks to retract his designation and cancel the agency, he can retract it until it reaches his wife’s possession. Since the husband does not agree to have the divorce take effect upon receipt by his wife’s agent, he changes the designation of the agent and designates him as his own agent for delivery. Therefore, the divorce takes effect only when the bill of divorce reaches his wife’s possession. Rabban Shimon ben Gamliel says: Even a woman who did not instruct the agent: Receive my bill of divorce for me but says: Take my bill of divorce for me, thereby designates the agent as an agent of receipt on her behalf. Therefore, if after handing the bill of divorce to the agent the husband seeks to retract his decision and cancel the agency, he cannot retract it.

הָאוֹמֵר הִתְקַבֵּל גֵּט זֶה לְאִשְׁתִּי אוֹ הוֹלֵךְ גֵּט זֶה לְאִשְׁתִּי, אִם רָצָה לַחֲזֹר, יַחֲזֹר. הָאִשָּׁה שֶׁאָמְרָה, הִתְקַבֵּל לִי גִטִּי, אִם רָצָה לַחֲזֹר, לֹא יַחֲזֹר. לְפִיכָךְ, אִם אָמַר לוֹ הַבַּעַל, אִי אֶפְשִׁי שֶׁתְּקַבֵּל לָהּ אֶלָּא הוֹלֵךְ וְתֵן לָהּ, אִם רָצָה לַחֲזֹר, יַחֲזֹר. רַבָּן שִׁמְעוֹן בֶּן גַּמְלִיאֵל אוֹמֵר, אַף הָאוֹמֶרֶת טֹל לִי גִטִּי, אִם רָצָה לַחֲזֹר, לֹא יַחֲזֹר:

א׳
Bartenura

האומר: התקבל – אם רצה לחזור יחזור – for the Jewish bill of divorce is debt that he has towards her (acting in behalf of a person to the latter’s disadvantage), and we do not do something that will do harm to a person without the other’s knowledge (see Mishnah Eruvin, Chapter 7, Mishnah 11 and Mishnah Gittin, Chapter 1, Mishnah 6).

לא יחזור – for since she made him equivalent as her agent, behold he is like her hand and and is divorced immediately when he receives from this one [i.e., the husband].

אף האומרת טול לי גיטי – this is the language of reception. And the Halakha is according to Rabban Shimon ben Gamaliel.

האומר התקבל. אם רצה לחזור יחזור. דגט חוב הוא לה ואין חבין לאדם שלא מדעתו:

לא יחזור. דכיון דאיהי שויתיה שליח הרי הוא כידה ונתגרשה מיד בקבלתו של זה:

אף האומרת טול לי גיטי. לשון קבלה הוא. והלכה כרבן שמעון בן גמליאל: