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Mishnayos Gittin Perek 2 Mishnah 6

גיטין פרק ב׳ משנה ו׳

6

If a minor received the bill of divorce and then reached the age of majority, or one received it when he was a deaf-mute and then became able to hear, or one received it when he was blind and then became able to see, or one received it when he was an imbecile and then became halakhically competent, or one received it when he was a gentile and then converted, in all of these cases he is unfit to bring the bill of divorce. However, if one received it when he was able to hear, and then became a deaf-mute, and then again became able to hear; or if one received it when he was able to see, and then became blind, and then again became able to see; or one received it when he was halakhically competent, and then became an imbecile, and then again became halakhically competent, in all of these cases he is fit to bring the bill of divorce. This is the principle: Anyone who is halakhically competent in the beginning and in the end is fit, even if there was time in the interim when he was unfit.

קִבֵּל הַקָּטָן וְהִגְדִּיל, חֵרֵשׁ וְנִתְפַּקֵּחַ, סוּמָא וְנִתְפַּתֵּחַ, שׁוֹטֶה וְנִשְׁתַּפָּה, נָכְרִי וְנִתְגַּיֵּר, פָּסוּל. אֲבָל פִּקֵּחַ וְנִתְחָרֵשׁ וְחָזַר וְנִתְפַּקֵּחַ, פָּתוּחַ וְנִסְתַּמֵּא וְחָזַר וְנִתְפַּתֵּחַ, שָׁפוּי וְנִשְׁתַּטָּה וְחָזַר וְנִשְׁתַּפָּה, כָּשֵׁר. זֶה הַכְּלָל, כָּל שֶׁתְּחִלָּתוֹ וְסוֹפוֹ בְדַעַת, כָּשֵׁר:

ו׳
Bartenura

קיבל הקטן – [The minor received] the Jewish bill of divorce from the hand of the husband.

והגדיל – [became an adult] prior to his delivery of it [i.e., the Jewish bill of divorce] to her [i.e., the wife].

פתוח ונסתמא וחזר ונתפתח – even if he was not restored to being sighted, since he was able to see at the time when he received the Jewish bill of divorce, he well is able to serve as an agent for he is able to say: “it was written in my presence and it was signed in my presence.” But, since it is required for [the Mishnah] to teach the concluding segment, “and he returned to being sighted,” that he [the agent] must be cognitively aware at the time of the giving [of the Jewish bill of divorce], the Mishnah teaches also at the beginning, “and he returned to being sighted.” But all those who are invalid for testimony through sin, are also invalid to bring the Jewish bill of divorce, for they are not believed to say, “it was written in my presence and signed in my presence.” But if the Jewish bill of divorce is verified through its signatories, they are valid to bring it (i.e., the Jewish bill of divorce).

קיבל הקטן. הגט מיד הבעל:

והגדיל. קודם שמסרו לה:

פתוח ונסתמא וחזר ונתפתח. אפילו לא חזר ונתפתח, הואיל והיה פתוח בשעת קבלת הגט שפיר מצי למיהוי שליח, דהא יכול לומר בפני נכתב ובפני נחתם. אלא איידי דבעי למתני סיפא וחזר ונשתפה, שצריך שיהיה בן דעת בשעת נתינה, תנא נמי רישא וחזר ונתפתח. וכל פסולי עדות בעבירה, פסולין להביא את הגט, שאין נאמנים לומר בפני נכתב ובפני נחתם. ואם הגט מקויים בחותמיו, כשרים להביאו: