Misva #579: Divorce Through a “Get”

The Torah commands in Parashat Ki-Teseh (Debarim 24:1) that if a husband wishes to divorce his wife, he should do so by giving her a document (“Sefer Keritut”), which is commonly known as a “Get.” The Sefer Ha’hinuch notes that whereas some other religions do not allow husbands to divorce their wives, the Torah allows for divorce. He explains that a wife is to be the husband’s helper, and the most precious of all things he has in his life, and if this is not the case, and he feels that the wife is not assisting him, then he should have the option of dissolving the marriage. If divorce would not be an option, the Sefer Ha’hinuch writes, several problems could arise, including adultery, as there would be no consequences of disloyalty. The Torah therefore allowed the possibility of dissolving a marriage if it is not serving its purpose. The Sefer Ha’hinuch further notes that the Torah requires divorcing through the transmission of a written document, whereas in some other religions, it suffices for the husband to simply make a declaration that the wife is no longer married to him. The Torah requires a Get, the Sefer Ha’hinuch explains, because otherwise, a wife could commit adultery and then falsely claim that her husband had verbally terminated the marriage before the illicit relationship. Secondly, if divorce required simply a verbal pronouncement, then a husband might rashly divorce his wife immediately upon feeling angry or aggrieved. The Torah therefore arranged that one who seeks to divorce his wife must have a special document written – a process which takes some time – so that he might have a change of heart, and will not divorce before making a clearheaded, firm decision to do so. In order for the husband to effect the divorce, he must either place the Get in the wife’s hand, or in the hand of her appointed messenger. If she is standing in her property, the husband can throw the document into the property next to her. The divorce must be given in the presence of two witnesses; it does not take effect if no witnesses were present, or even if one witness was present. It is customary for the text of the Get to be written in Aramaic, though it is valid if the text is written in any language. There is a custom to write the text on twelve lines. Tosafot explain that this alludes to the word “Get,” which equals 12 in Gematria. This Misva applies in all times and places. If a man divorces his wife without giving her a Get, she remains Halachically married to him, and he is in violation of this affirmative command. This is considered a grievous sin, as the wife might then have a relationship with another man, which would constitute an adulterous relationship.