The Order of the Divorce Document: Laws of the Witnesses and the Husband, and the Scribe and the Wife, and All of its Details, and there are 101 paragraphs in it.
(Said the glosser: Everything written in this order in the name of the orders without attribution, know that it is from the order of our teacher Y. Margoliyot of blessed memory.) Rem"a: In the days of the Talmudic Sages they used to appoint an expert sage over divorce documents, and likewise it is found in the words of the ancestors that they would only give a divorce document before the great [sage]s of the generation (Rivash 389). Therefore no person other than an expert in divorce documents should attempt to give them. And anyone who is not an expert in the nature of divorce and marraige should have nothing to do with them. And if someone transgressed and gave divorce documents or performed halitza without obtaining permission, see Yoreh Deah 242:14. A divorce document arranged by non-experts should be invalidated as I wrote above in ch. 141:30 and 142:9.
Some are careful not to organize the get on Friday.
Invite a scribe and two proper witnesses who are not related to each other or the wife. Rem"a: And see above 141:25. Ideally one should select witnesses who have no relationship at all, even a 4th-level one (in the name of the Maharil), nor through marriage. Also there should no rumors that they are suspected of forbidden sexual relations (that is the implication of chapter "Zeh Borer" -- Sanhedrin ch. 3), nor any other invalidating matter. Nor should one select a witness who is deformed. Also be careful that the witnesses and the scribe not be related to the rabbi organizing the divorce document; but in an emergency, one needn't be careful about the scribe['s relationship to the rabbi] if he is fitting. Some say that the rabbi should say to the witnesses that they should repent in their hearts for sins that they have committed, even if they are presumed to be completely righteous, lest they committed a sin that would disqualify them in this (Mahara"m Yafe and R"Y Mintz). And one should select witnesses who understand the divorce document, and if they don't now how to read, teach them and explain to them, and to the scribe and the husband what is a divorce document for its own sake and not for its own sake (M"K). And see below shortly in paragraph 12 further laws regarding the scribe.
Be careful that the scribe is not one of the witnesses.
If the scribe or the Sage organizing the divorce document are taking a much greater fee than what they would earn from not working, some say that the witnesses must not be related to them. And our teacher Rabbi Ovadya in his commentary to the Mishnah in chapter 4 of Bekhorot yelled at the rabbis who organize divorce documents who take more money than they would earn from not working. Rem"a: But we don't act according to him. His reasoning is specious, because he compares this matter to that which they said: 'One who takes money to judge, his rulings are void.' That is no proof, because organizing divorce documents isn't judging, but generic teaching. See above ch. 130 the reason that the witnesses get paid. And the husband should equalize himself with the scribe and the rabbi and the witnesses before they begin to write (M"K in the name of Mahara"n of blessed memory).
It necessary to recognize that this is so-and-so and this is his wife so-and-so unless it is an extreme emergency.
If there is someone in the same city who shares his name, and his wife's name is the same as the divorcing husband's wife's name, he can only get divorced in front of his friend.
If the divorcer is dying, it is necessary to be careful that he be sensate at the time of the writing and the delivery. Rem"a: See above ch. 121.
If someone wishes to divorce on condition, he shouldn't mention the condition, but should tell the scribe to write the divorce document and the witnesses to sign it, and he shouldn't mention any condition until the moment of delivery. Rem"a: See above ch. 147.
Everyone is eligible to write a divorce document except for a deaf-mute, cognitively impaired person, or a child; or a servant or a non-Jew; or a Jewish apostate or someone who publicly violates Shabbat.
The husband himself should not write the divorce document when possible.
Likewise, the husband should not say to the scribe: "Write thus" or "Don't write [thus]."
The scribe should not be a relative neither of the woman nor the man, when possible.
The scribe should bring the parchment and the ink and the quill (Rem"a: and all other writing implements). The rabbi should ask the scribe in front of the witnesses if everything belongs to him, and when he says: "Yes," afterward he gives them as a present to the husband and the husband lifts them to acquire them. Rem"a: Some say that before the scribe gives him these things the husband should nullify knowing (Tur in the name of the Rosh). And they should investigate him as will be explained in 14:20, and afterwards he should accept the aforementioned things from the scribe, and that is the practice.
The Sage should ask the divorcing husband: "Are you giving this divorce document of your own free will without any duress? Have you made any self-prohibition or vow or oath that would force you to give it? Tell us and we will release you." And the divorcing husband responds: "I neither vowed nor swore an oath, nor am I under any duress; rather, I am giving this divorce document of my own free will, whole-heartedly, not under any duress or condition." And if he says that he swore an oath or vowed or made a prior agreement to give it, they should release him first, in order that it appear like duress; but if wants to give a pledge, he may, because that is not similar to duress. Rem"a: See below 23-24 that are related to this.
The husband extends the parchment (Rem"a: and the rest of the writing implements) and the pen and the ink to the scribe in front of witnesses and says to him before them: "Write for me a divorce document for the sake of divorcing my wife so-and-so and for the sake of disconnection. I am giving you permission to write from one to one hundred divorce documents until one is fitting without any error, either in the writing or in the signing according to the opinion of the Sage, Rabbi X." Rem"a: Or in the opinion of any to whom he shows it. And the scribe responds: "Thus shall I do." (All this is in the instructions.) This is only effective after-the-fact. Therefore the ideal custom is that the scribe gives the husband a lot of parchment and ink lest he write many divorce documents as he commanded him that are valid after-the-fact, but ideally if he wrote an invalid divorce document the custom is to return and for the scribe to give him everything, and the husband returns and commands him to write, and invalidates knowledge in the order he did originally. See below 54. And when the husband gives the items to the scribe, he should ideally give them himself and not via an agent. (found written in an ancient manual.)
And you and you witnessed the signing of this divorce
If they need to write two gets (writs of divorce) because of a doubt regarding a name, e.g. Gershon or Gershom or similar situations, the divorcing husband should say to the scribe that if the sage Rabbi, Rabbi so and so wants to arrange multiple gets because of doubt, so that all will be given into the hands of the woman, he gives the scribe permission to write all the gets. He should inform the witnesses likewise, and give them permission to sign them.
The scribe should not write, nor should the witnesses sign, until they directly hear the husband command the scribe to write and the witnesses to sign, but not (if they hear the command) through a messenger. Even if the husband says to three people: "Tell Ploni to write, and tell Ploni and Ploni to sign (as witnesses)" they should not write and sign, because they did not hear the command directly from the husband.
The husband pays the scribe's fee; and if the wife pays it, that is acceptable (kosher).
The husband shall say before the witnesses: I am, in front of you, annulling a
It is necessary to have witnesses who said that the scribe who wrote them husband and wife divorce, It is necessary that they stand at the time of the writing of the
It is required that the divorce document is recognized as being written for the specific husband and wife. Therefore, if they want to go out after the name of the husband and the wife and the time are written, a symbol must be made on the divorce document so they will recognize it.
It is preferable that the husband be with the scribe and the witnesses until it is written, signed, and given, so that he is aware. Also so that he does not speak about the divorce document until after it is given, so he does not say things that would nullify the divorce document.
24 If he wants to send the bill of divorce by means of a messenger, the messenger must stand there during the writing of the line on which the name of the man, woman, and date appear, and he must hear that [the scribe] begins to write for the sake [of this divorce], and he also must stand there at the time of the signing of the two witnesses, and must hear that they sign for the sake [of this divorce]. Comment [of Ramo]: And some say that the messenger should also be present at the command of the husband to the scribe and witnesses, and such is the practice. And it is proper to tell the messenger before anything else that it is prohibited for him to marry the divorced woman, so that he will not be able to say afterwards: 'had I known I would not have been a messenger.' The scholar organizing [the divorce] should also tell the messenger to make a clear sign on the get, [so that] if it leaves his hand he will recognize it. But he should be careful that it not leave his hand at all, as much as is possible.
And it is required that prior to the writing, he will make it known to him that he will be the messenger. Also, before he commands the scribe to write, before he does anything, he must appoint the messenger. And see above, paragraph 97, how he should speak. And the rabbi (wise man) should say [to the messenger]: that he should listen to how the bill of divorce is being written for the husband so that he can testify to this effect.
when a person sends a Get by a messenger, it is better that the husband (the sender of the Get) will adjure the husband in a solemn oath (Oath of the Torah) that he raise any doubts or negate the Get retroactively. Heaga (Rama): and if he (the husband) is a non observer of Halacha, the Beith din should adjure him on his part in the after life (Olam Haba), and it should be mentioned in writing in the Letter of Appointment. and see above, chapter 141, section 59. and it's customary to make a ceremonial acquisition (kinyan) when the husband appoints the messenger. See below in paragraph 141:26.
It is necessary to be careful that the agent and the one appointing the agent should be adults, since there is no agency of a minor and a minor can not appoint an agent. Note: it is also necessary to appoint the agent in front of two valid witnesses. See above Siman 141 Se'if 11 and 24 how are are witnesses of agency practiced:
It is necessary that the agent should not be deaf mentally-handicapped a minor, nor a slave nor a non-Jew, or one invalidated [by committing] a transgression from the Torah see above Siman 141 Se'if 33:
It is good to be careful and not divorce [one's wife] via an agent when both the husband and wife are present in the city. (Investigate above, 141:55)
If the husband is in a hurry to go and is unable to wait until he can write a bill of divorce and and sign it, he says to a scribe: write a bill of divorce for my wide etc, like above, and he says to witnesses: you so-and-so and so-and-so are witnesses and sign on the mentioned bill of divorce etc, like above, and I appoint you so-and-so the son of so-and-so an agent to send the mentioned bill of divorce to my wife so-and-so the daughter of so-and-so [her father's name] in any place you find her and his [the agent's] hand like my hand and his mouth like my mouth and his actions like my actions, and. I give him permission to make an agent and [that] agent [my] agent until 100 agents and even without [being] forced until the bill of divorce mentioned reaches her hand or the hand of her agent, and immediately when the mentioned bill of divorce reaches her hand or the hand of her agent from the hand of so-and-so my agent or from the hand of his agent or from the hand of the agent of his agent as said she will be divorced from me and permitted to any man. And the other laws of agency and authorization, see above Siman 141:
31 And it was already explained one must not mention any condition before the writing of the bill of divorce; and if so [that a condition was mentioned] anyone who is obligated to divorce in this topic, is not able to divorce on a condition:
32: If he doesn't want to divorce [immediately] but some time [in the future], and he is in a hurry to leave, and it is not possible to write [the bill of divorce] before he leaves, then he should instruct his power of attorney to deliver the bill of divorce to his wife, and the divorce will only take effect after the specified time.
The 'power of attorney' need not be present when appointed by the [husband] issuing the bill of divorce, but even in his absence the [husband] can appoint him. The witnesses must record that [the husband] assigned so and so as his agent. Footnote: All the above only applies when the husband is in a hurry to leave and doesn't hand the bill of divorce to the agent and it is [therefore considered] an emergency. Otherwise, however, we do not appoint a 'power of attorney' in this way, rather, [the husband] must hand the bill of divorce directly to the agent. Look further in this section, from paragraph 97 onwards.
34: I have already enumerated above, who are ineligible to serve as "powers of attorney"
35: In addition, it has already been explained, that the "power of attorney" has to stand during the writing of the fundamental portions of the bill of divorce and the signing of the two witnesses, and he must hear that the [bill of divorce] was written expressly on behalf of the [husband and wife whose] names [appear in the get].
36: When the scribe is about to write the get, before he begins writing, he should ask the husband [initiating] the divorce, his name and his father's name, and if he or his father have two names as a result of [a name being added during an] illness, or if he or his father have any nickname, or derivative name , or if they are kohens or levites.
And similarly, one should ask the woman and her father [their names], as with the man. Rem"a: Regarding how we customarily write the names, see above Siman 128 and Siman 129 regarding the laws of location names. And this should be asked in front of witnesses.
The scribe and the witnesses must stand in a single place. Rem"a: And there are those who say that, before the scribe cuts the sheet of parchment, he should announce in front of the witnesses that he wishes to write with the intent [that it will be used by the particular man in question to divorce the particular woman in question], as will be explained later on in Se'if 55 [(Se'if 80 in this version)]. And this is our custom in these lands.
[The scribe] should cut the sheet of parchment according to the measurements [needed to write the] bill of divorce, so that he won't need to cut off anything from [the sheet] after the bill of divorce is written.
If the scribe erred after he wrote part of it, and he begins another [bill of divorce] on the same sheet, he should first cut off the bit that he wrote.
The length of the sheet of parchment must be longer than it is wide. And "length" refers to the direction that it is read from its beginning to its end. Rem"a: And he should leave enough [space] at the bottom of the sheet so [that it could be] grabbed by a hand, or more. But ex post facto, [one] need not be concerned [about this].
They should carve into it thirteen rows. And he should divide the last row into two short rows, on which the witnesses may sign, one below the other. And he shall make the carvings and all emended writings for his sake, for her sake, and for the sake of divorce.
There are those who say that a person should write on the place of the flesh and not on the place of the hair.
One should not etch [horizontal] lines [on the parchment] with lead, and one should not etch lines from the inside, but rather from the outside. Rem"a: And he should etch two [horizontal] lines on the sides of the bill of divorce, one from the right and one from the left, in order to align the writing (Seder HaGet). And he should align the writing to be next to the lines and not on the lines themselves.
There are those who say that we should not write a get with a feather quill.
The script should not be slanted or messy, lest a letter be similar to a [different] letter, and ultimately the meaning will be changed.
[People] have practiced with stringency to make it such that the letters are surrounded by gewil (parchment). And if it has letters that are attached, a person may scratch off the ink that is between them to separate them. Investigate above 125:6.
And one's needs to be careful that the letters don't intersect each other, for example, the top of the Lamed on the line below should not intersect in the empty space of the Hey or the Chet of the line above, and so too others like this.
The letters may not cross over to the right or to the left onto the margins (the text must be "justified"). And [it is required] to be stringent [regarding this] with even one letter.
If a drop of ink fell into a word, and it is not recognizable, one may not remove the ink to fix the letter, because that is like etching from the inside-out. (see above siman 125 section 8)
And even if he wanted to make an Open mem, and his hand slipped and [accidentally] closed it, he me not scratch out the connecting ink to open it because that would be "chok tochos" see earlier, 125:9
It should have no smudges, and one must not write it over an erasure.
One must be be when writing the form part of the get to ensure it is written properly.
And if a get was found invalid, a new get must be written. If the husband is still around, he must (explicitly) commission a new get, and re-designate witnesses.
When the scribe is about to write the get he should say to the witnesses: {Rema: [He should prepend the following] "Listen! You two; so and so, and so and so are the witnesses"} ... Behold I am writing this get for so and so, for the purpose of divorcing his wife such and such so that he may divorce her with it properly on his behalf and on hers and as a Divorce. And he should immediately write the get. Rema: He may not write it in multiple sittings, and should find or place some identifying mark on the get before he releases it.
The get must be dry before the witnesses sign it.
After the get is dry, the witnesses sign one below the other. Rema: They must read it before they sign so they know what they're signing, and they should look for the sign that they noticed (see earlier, se'if 22).
The witnesses must sign in each others' presence.
Each witness should declare [the following] before he signs: "I am signing this get for so and so, so that he may divorce his wife such and such, on his behalf and hers as a Divorce," and sign immediately.
They should start their signatures at the beginning of the line so as not to leave a margin on the right before the signature.
Do not leave two blank lines between the signature and the last line [of the get]. The witnesses should sign using the husband's pen and ink.
Each witness must spell out his name and his father's i.e.: So-and-so son of Such-and-such, witness. Rema: They do not need to sign all their nicknames and alia. However if they are Kohanim or Leviim they do sign "So-and-so son of Such-and-Such Hakohen/Halevi, witness" but not "son of Rabbi such-and-such" or similar
The writing of the witnesses should be perfect and recognizable, the letters should not be touching (each other), like the bill of divorce itself.
The writer of the divorce document should not sign or seal the document himself.
The signatures need to be dried.
The Chacham [Rabbi officiating the divorce] and the witnesses read the bill of divorce (gett) as well as the witnesses' signatures. (Rem"a) Note: and they are precise with it [in reviewing it] as to whether a word was omitted, as well as for spelling errors and all other corrections to the gett.It is good to check the gett against another gett, because then if there is a mistake he will notice immediately (from the Seder MaHariv); also [it is good to] send it to the rest of the important people in the city to review it and determine whether it was written properly, and they should be careful not to smudge it in sending it. Afterwards the husband returns and give the leftover parchment to the scribe as well as the ink and other writing materials, as a gift, so that he [the scribe] may write other bills of divorce (gittin) (from Sedarim). They are accustomed to bring ten people to the delivery of a gett, so as to publicize the event (R"I Mintz). Relatives can be counted as part of the quarum. We take [select] two qualified witnesses to be witnesses to the delivery. They are accustomed to take the witnesses that signed as the witnesses for delivery as well. They are also accustomed that the officiating rabbi stands in the middle and the two witnesses of delivery stand one to his right and one to his left, and the scribe stands in front of him and the husband and wife in front of him. Everyone stands and does not sit (in Tikkun Yashan and in the Or Zarua in the Chapter Ze Borrair). Some say (the one should) be careful not to give the gett in the house of the officiating rabbi; and I have not seen that people are careful to do so (in the abovementioned Tikkun cited as an oral transmission). [end of Rem"a Note - the Shulchan Aruch resumes:] After they have finished reading the officiating rabbi should ask the scribe: "Is this the gett that you have written? Rem"a Note: Did he give you all the writing instruments, the parchment and the ink? [end of Rem"a note] Did you write it with the command of the husband for his sake and for the sake of divorce of is wife so-and-so daughter of so-and-so?" and he says: "Yes" Rem"a Note: "Did he tell you these things before witnesses?" [end of Rem"a Note] He then asks one of the witnesses: "Did you hear that the told the scribe to write for his sake and for the purpose of the divorce of his wife so-and-so daughter of so-and-so?"
Do you recognize that it is this bill of divorce?
Did you sign with the command of the husband (Rem"a:) who commanded you to sign for his sake and for her sake etc.
Did you sign for his sake and for the purpose of divorce of his wife so-and-so.
Do you recognize your seal (signature)?
You sealed it in the prescence of your friends.
Do you recognize his signature? (Rem"a) Did you hear when the husband told him to sign?
And he answers yes to each question. The second witness is also questioned in the same manner. Rama: He also asks the scribe and the witnesses if they stated explicitly, when they began to write the get, that they are writing it in his (the husband's) name and her (the wife's) name and for the purpose of divorce. If each party heard the testimony of the other parties and they said yes (i.e. "likewise") they are re-questioned explicitly as to how they spoke (when writing the get) (in the Sedarim). The Sage should instruct the husband, the scribe, and the witnesses not to say "yes yes" or "no no" in their answers, rather only a single yes or no (Seder of Maharam Yaffe).
...74: afterwards when he will give her the writ of divorce, he then asks if it was given with his knowledge and with his consent, as we mentioned earlier. Ramah's Gloss: ...In Sif 14. There are formats of divorce documents that contain within them a nullification of these assertions before the sage reads the divorce document, and they confer with the scribe and the witnesses, as we have explained, prior to the reading of the divorce document. It is our local custom to act this way, but it essentially makes no difference. And when the sage reads the divorce document, he should read it punctiliously; not in a manner that would be more understood in another language.
75: He should also nullify these assertions a second time, and he should also disqualify the witnesses as we discussed previously. Rama: ...in section 20. And he should inquire of the witnesses whether or not the husband annulled these assertions before the document was handed over, as we explained previously in section 20.
76: If the husband leaves his presence between the writing and the giving of the divorce document, then the sage imposes an oath upon him, a legitimate vow, that the document has not been invalidated for any reason, and no assertions or stipulations were given, and nothing was said that would cause this divorce document to become disqualified.
77: A quorum of ten men should be assembled, in order to give it in the presence of ten men.
78: The sage should proclaim before all who are present, before the document is given over: "If anyone knows of any disqualification in this document and wishes to make the matter known, should speak up before it is handed over." Rama: And anyone with any knowledge of this sort is required to reveal it. For after it is given over we institute a ban against anyone attempting to disqualify this divorce document. See above in this section, paragraph 22 as it has relevance to our case.
79: The sage should say: "All those present who are qualified to testify should listen and bear witness".
80: It is preferable that the witnesses who signed the document be present.
He tells the woman to remove the rings that are on her hands, and after this she should take her hands, open them and put them together, in order to receive the Get , and her hands should not be like a slope, allowing the Get to fall. Rem"a: We have the custom to cover the woman's face until the elder speaks with her and she has received the Get because of modesty. And he asks her if she is accepting the Get willingly and she says: yes. And there those who are stringent and say that they should ask if she swore so that [the elder] can annul them for her. And the elder who has arranged the Get says: Know that with this Get you will be divorced from your husband. And the Rabbi asks about the Ketubah [to obtain it] and that she should return the Ketubah to her husband or relinquish [the right to the money], so that they won't come to an argument later because of the Ketubah and so that the husband doesn't say: It was because of this that I didn't divorce her (This reason is brought from the Mahri Mintz).
He [the elder] should be careful that her friends or anyone else don't help her [at the time of reception of the Get ]. And that an overall (???) or any other object doesn't come to her hand at the time of the reception.
She should be careful that she doesn't clench her hand until he says to her [the previously mentioned phrases] and that her her hands are not within three Tefachim of the ground (ibid.)
The husband should hand the "Get" to the hand of the women, and he should say: "This is your Get, and accept this Get. You are divorced from me because of the Get from now, and you are now allowed to be with any other man". Rama: Before he gives it to her, the Rabbi should tell witnesses to witness the handing over of the Get. The Rabbi should also tell the husband the meaning of the words he is saying. Some have the custom to fold the Get before he hands it over, and that is our custom. Some write not fold it, rather give it to her with the writing on the outside, so everyone sees that it is a Get.
After he places the get into her hand and removes his hand completely, she then closes her hand and holds onto the get and raises her two hands upwards, and afterwards the Rabbi takes the get from her hand and reads it a second time in front of witnesses. Rem"a: Some [opinions] say we go back and ask the writer [of the get] and the witnesses all of the questions that we asked in the beginning (27, in their order). We also [impose a] ban upon anyone who has spread a rumor about this get.
And tear it lengthwise and widthwise. Note: Today, the officiating rabbi stores it himself and does not give it to the woman, and this should not be changed. And any _get_ which was not given should not be torn so that no one should think it was given.
The Rabbi warns the woman not to become engaged until 90 days [have passed], not including that day. Rem"a: Except for the day she will become engaged.
The giving of the divorce document, according to some opinions needs to be by day specifically and not at night. (look earlier at the end of chapter 123)
And so too, if the community has said the evening prayer, although it is still day, one may still not deliver a _get_, since it is already considered night, [and this all applies] if it is not consider a situation of urgency, [that if it is a situation of urgency] even at actual nighttime you may write it and you may give it. One needs to give the _get_ on the very same day it is written, however [if this is not possible] he sends it to another city, in the event that it is impossible for him to give it to her on the [same] day it was written.
90: Her husband must not seclude himself with her between the writing and the giving [of the get]. And if he did seclude himself with her, then the get is an old get, and he cannot use it to divorce her. (See above, siman 149).
A messenger who comes to bring a get[=writ of divorce] gives to her in front of two [witnesses]. If the messenger is a relative or impermissible as a witness, he gives to her in front of three [witnesses]. He [the messenger] says to her at the time of giving [the get]: 'This your get that your husband x son of y, also known as z; and behind your are divorced from him through it And you are permitted to any man. And this get was written and signed in front of me. Comment: And also for a writ of divorce from engagement; the messenger says to her: 'This your writ of divorce sent by your husband.' And then the name of the husband is written in the permission area. But in questions that the rabbi asks the messenger the name of the engaged man is mentioned, for example if he asks if this is the get sent by engaged man x. The rabbinical court in front of him the get is to be given reads it [the get] before it is given and if there is a condition regarding the get [without thich the fulfillment of the condition the get is invalid], the messenger says at the time of giving, '[this get is given] on conditions of x and y [being fulfilled].'and see above #142 about the order of the messenger giving it to the hand of the women and above # 140, 2. There are those who arrange divorces and this is how they act: the seated [rabbis acondition. ask the messenger what he wants and he replies: 'I send x son of y to divorced my wife z, etc.' And they [the judges] ask him if the husband stipulated a time to divorce or if he did not stipulate any other condition. And he [the messager says [the condition/s] to them. Bthen they ask the women if she wants to receive the get. After this they ask about the permission and they read it to her if she fixed it and if she fulfills it as usual. After this the judges ask the messenger if the husband was healthy at the time it was sent or if he [the messenger] heard that he [the husband] died or canceled the sending and he [the messenger] answers about all of it. Translation incomplete.
If the divorced woman is a naarah[=young woman], whether engaged or married, she is divorced when she receives the get[=writ if divorce] itself. If her father receives it [the get], if she was engaged as long as she has not reached maturity, she is divorced. However, if she reached maturity, even though she was only engaged, or if she was married while still a minor, she is not divorced through the receipt of her father.
If she is a minor, and she married, she is not divorced [with the get] accepted by her father. [I.E he receives the money on her behalf]
And if she is an engaged minor, according to all she is divorced through her father. There is a disagreement if she is divorced through herself [i.e. she does it], and it is advisable to be stringent, that she does not receives it except through her father.
A minor may be divorced only when she can tell the difference between her get and some other object, such that she will take a bundle and throw it away, or take a nut and keep it, or when she has reached the age of children, which is six or seven. But younger than that, she may not be divorced, according to Rashi, even by her father. But according to Rabbenu Tam, this ruling is specific to being divorced by herself and she may be divorced by her father, and the Ro"sh agreed with this.
A minor who was divorced with her father as agent: we should be strict and write two bills of divorce and give them to her. One should be in the formula of all other bills of divorce and the second, "your daughter plonit that you married to etc...." Rem"a: but if the bill of divorce is passed to the minor with her father's knowledge, only one bill of divorce is needed, just like all other bills of divorce. See sections 141 and 37 above.
If one passes his bill of divorce to a messenger to deliver to his wife, [the messenger] should be appointed in front of two witnesses.
Afterward, the rabbi should return the get to the husband, and the husband should give it to his agent and say: "You, Ploni son of Ploni, called Ploni, bring this get to my wife Plonit daughter of Ploni, in whatever place she may be found, and let your hand be as my hand, and your mouth as my mouth, and your words as my words, and your deeds as my deeds, and your giving as my giving. I give you permission to appoint additional agents, even a hundred, without force, until this get arrives in the hand of my wife or her agent, and as soon as this get arrives in her hand or that of her agent, let her be divorced from me and permitted to marry any man as mentioned above." Rem"a: The wife's agent should take the get as she herself would. And then the rabbi should read the get and ask all of the questions and impose a ban on anyone who has spread rumors about this get, as described in Even HaEzer 154:85. And he should fold it like a letter and give it to the agent, and after that they should write the authorization and not earlier, because the authorization says that it was written in our presence, as detailed in Even HaEzer 141:30. For the laws of a second agent, see Even HaEzer 141:40 and 142:9. And the procedure for the authorization may be found in the order of Gitin. But the precise language does not invalidate it, as I wrote above in 141:30. And when the first agent makes a second one, it seems to me that one should ask him all of the questions that they ask him when he gives the get to the woman, because the second agent says nothing else besides "I am an agent of the court." Therefore, the first court should investigate thoroughly, as described above in Even HaEzer 154:91.
If he gives her the get on a condition, he should say when he gives it to her: "This is hereby your get, and you are hereby divorced from me and permitted to any man, on the condition that I have not come to you between today and the 12th of the month, and you will have been divorced starting now. But if I come within the aforementioned time, and am seen by so-and-so, let this not be a get, and she is hereby trusted to say that I have not come and not appeased her."
If the divorcer is critically ill, he should say to his wife when giving her a get: this is hereby your get and you are divorced by it from me from now, and permitted to marry any man on the condition that if I have not died by such-and-such a day inclusive, it will not be a get, but if I have died by that day, this get will have been in force starting now. Rem"a: See above 145:5. And afterwards, she should not be secluded with him unless another is with them, even a servant of a maid, not including her family or her minor son (Tur Siman 148).
A person should be very careful not to complicate matters concerning gittin, unless he is skilled in the laws of gittin, because the laws are full of intricacies, and a person could easily make a mistake that would cause a mamzer. And may the Rock of Israel save us from errors, Amen. Rem"a: The beginning of this siman details the wording of the get that is customary in this region, especially in this city. And this is the wording: "On Tuesday, on the third day of the month of Sivan, in the year 5340 since the creation of the world, in the city of Kazmar, which is called Kazimiraz, the city that sits on the Vistula and Wilga rivers (Krakow?) and on spring water-- I, so-and-so called so-and-so, son of so-and-so called so-and-so, standing today in Kazmar, which is called Kazimiraz, the city that sits on the Vistula and Wilga rivers and on spring water, willingly consent, without coercion, to release, send away, and divorce you, my wife so-and-so daughter of so-and-so, who is present today in Kazmar, which is called Kazimiraz, the city that sits on the Vistula and Wilga rivers and on spring water, who has been my wife until now. And I release, send away, and divorce you, such that you are permitted and have authority over yourself to marry any man you want with no interference from now on, because you are hereby permitted to any moan. This is hereby your bill of dismissal, document of sending-away, and letter of divorce from me, in accordance with the Law of Moses and Israel. Signed, so-and-so and so-and-so, witnesses"