Soncino English Talmud
Gittin
Daf 63a
I grant you that if the statement had been in the reverse form, thus, '[If the wife said]. Receive my Get on my behalf, and [he said], Your wife told me to bring it, and the husband says. Here you are as she said,' and if R. Nahman had said in the name of Rabbah b. Abbuha in the name Rab, 'Once the Get comes into his hand, she is divorced,' then I could infer that he relies upon her word; or again, if he had said, '[Once the Get reaches] her hand [she is divorced]', I could have inferred that the husband relies upon the agent's word. As it is, however, the reason why [the Get is not valid] is because the agent completely nullified his agency by saying 'I am willing to be an agent for receiving and not for conveying'. R. Huna b. Hiyya said [in refutation of R. Nahman]: Come and hear: IF A MAN SAYS, RECEIVE THIS GET ON BEHALF OF MY WIFE, OR, CONVEY THIS GET TO MY WIFE, IF HE DESIRES TO RETRACT HE MAY DO SO. The reason [why the Get is not effective] is that he desires to do so; if he does not [and lets the Get reach her], the Get is valid. Now why should this be, seeing that the husband is not competent to appoint an agent for receiving the Get? The reason must be because we say that once he has made up his mind to divorce her, he says to himself, Let her be divorced in any way possible. So here also, since he made up his mind to divorce her, he says to himself, Let her be divorced in any way possible? — Are the two cases comparable? In that case [of the Mishnah], a man knows that he cannot appoint an agent for receiving the Get and decides to give it to the agent for the purpose of conveying; but here he gives it under a misapprehension. Raba said: Come and hear: If a girl under age said, Receive my Get on my behalf, it is not effective until it reaches her hand. Now at any rate [according to this] when it reaches her hand she is divorced, and yet why should this be, seeing that the husband did not make him an agent for conveying? We say however, that since the husband made up his mind to divorce her, he says to himself, Let her be divorced in any way possible; so here, since he made up his mind to divorce her, he says, Let her be divorced in any way possible? — But are these two cases comparable? There, a man knows that a minor cannot appoint an agent, and therefore he decides to give it to the agent for the purpose of being conveyed on his own behalf; but here he gives it under a misapprehension. Come and hear: [If a woman says to an agent], Bring me my Get, and [the agent says to the husband], Your wife told me to receive her Get for her, or if the wife says, Receive my Get for me, and he says, Your wife told me to bring her Get, and the husband says to him, Convey and give it to her, take possession on her behalf and receive on her behalf, if he desires to retract he may do so, but once the Get reaches her hand she is divorced. Now does not here the husband's saying 'receive' correspond to the agent's saying 'receive', and the husband's saying 'convey' to the agent's saying 'convey'? — No; 'receive' corresponds to 'bring' and convey' to 'receive'. If 'receive corresponds to 'bring', then [if the husband relies on the wife's word] the Get should be effective as soon as it comes into the agent's hand; [and since this is not so] it shows that he relies on his word? — How can you say so? In that case he says to him, 'Here you are, as she said; in this case does he say, 'Here you are as she said? Our Rabbis taught: [If a woman says to an agent], Receive my Get for me, and [he says to the husband], Your wife told me to receive her Get for her, and the husband says, Convey it and give it to her, take possession of it on her behalf, or receive it on her behalf, if he desires to retract he is not at liberty to do so. R. Nathan says: If he says, Convey and give it to her, he can retract, but if he says, Take possession of it and receive it for her, he cannot retract. Rabbi says, [If he uses] any of these formulas he cannot retract, but if he says, I am not agreeable that you should receive for her, but convey it and give it to her, then if he desires to retract he may do so. Does not Rabbi merely repeat the first Tanna? — If you like I can say that [he did so because] he desired to add the clause about not being agreeable, or if you like I can say that the repetition is meant to inform us that the first Tanna is Rabbi. The question was raised: According to R. Nathan, is 'here you are' equivalent to 'take possession' or not? Come and hear: IF A MAN SAYS, RECEIVE THIS GET ON BEHALF OF MY WIFE OR CONVEY THIS GET TO MY WIFE, IF HE DESIRES TO RETRACT HE MAY DO SO. IF A WOMAN SAYS, RECEIVE A GET ON MY BEHALF, IF HE DESIRES TO RETRACT HE IS NOT AT LIBERTY TO DO SO.
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