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Hilchos Gerushin · Perek 1Gerushin · Ch. 1
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The requirements of a valid

The requirements of divorce, delivery and , and the safeguards governing a ’s signatures and date.

פרק א28 halachosTuesday, September 22, 2026י״א בתשרי תשפ״ז◷ Estimated study time: 70–95 min

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הלכה א

The Ten Requirements of a Divorce

A woman is divorced only through a written document that reaches her,

A divorce cannot be created merely through the husband’s spoken declaration. The requires a written instrument that is actually delivered to the woman.

and this document is called a .

A is the document through which a husband divorces his wife.

There are ten requirements that form the -law foundation of divorce, and they are as follows:

1. The husband must divorce her of his own will.

2. The divorce must be effected through a written document, and not through some other means.

3. The document must express that he is divorcing her and removing her from the marital bond under his authority.

The wording must describe the husband as releasing his wife from the marriage; it is not enough merely to state that he himself is withdrawing from her.

4. Its terms must completely sever the legal bond between them.

The cannot leave the husband with continuing marital control over her. The divorce must be a true —a complete severance.

5. It must be written specifically for her sake.

The document must be prepared for the particular woman being divorced, rather than being a generic document later assigned to her.

6. After it is written, no further act may be required other than giving it to her.

Once the writing is complete, the document itself must be ready for delivery. A further physical act needed to prepare the can invalidate it, as later explain.

7. He must give it to her.

8. He must give it to her in the presence of .

9. He must give it to her as an act of divorce.

The transfer itself must function as the delivery of a , rather than as the handing over of an unrelated document.

10. It must be the husband, or his agent, who gives it to her.

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The other requirements relating to a — such as including its date, the signatures of , and similar requirements— are all Rabbinic enactments.

The is distinguishing the -law essentials that create the divorce from additional safeguards and formal requirements instituted by . These safeguards are binding even though their source is Rabbinic.

Throughout these laws, means that the is void under law, while means that it is disqualified by Rabbinic law. means that it is uncertain whether a divorce took effect. These are different legal statuses, not interchangeable ways of saying that something is wrong with the ( 2:7; 10:1–3).

Synopsis

A -valid divorce rests on ten fundamental requirements: the husband must willingly divorce through a properly written, fully severing document prepared for this wife, completed before delivery, and transferred to her as a by him or his agent in the presence of . Other formal requirements are Rabbinic.

🔎Dig DeeperThe Ten Requirements of a Divorce

The Ten Requirements of a Divorce

In the , the gives a practical rationale for requiring divorce to take place through a written document rather than through speech alone. If a marriage could be ended merely through an oral declaration, a woman accused of adultery could later claim that her husband had previously divorced her. Requiring a formal written creates objective evidence that the marriage was actually terminated.

The Rambam’s counts the ’s prescribed procedure of divorce as a positive . This does not mean that a man is commanded to divorce his wife. Rather, if he chooses to divorce, the commands that the divorce be carried out through the legally prescribed process.

Sources: III:49; , positive commandment 222.

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הלכה ב

The Husband’s Will and the Source of the Ten Requirements

From where do we know that these ten requirements are rooted in the ?

For the verse states: “If she does not find favor in his eyes, he shall write her a bill of severance, place it in her hand, and send her from his house” ( 24:1).

The now derives the fundamental requirements of divorce from the individual phrases of this verse.

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“If she does not find favor in his eyes”— teaches that he divorces her only of his own will.

The divorce must originate from the husband’s legally recognized will; it cannot simply be imposed upon him as though his consent were irrelevant.

If she was divorced without his will, she is not divorced.

A woman, however, may be divorced with her consent or without her consent.

Under the basic and Talmudic law discussed here, the wife’s consent is not an essential element in the validity of the divorce. This is not an unrestricted permission to divorce her against her will: ’s later enactment restricts doing so, as discussed below.

Synopsis

The requires the husband’s will for a divorce to take effect. Under the underlying law, the wife’s consent is not itself required.

🔎Dig DeeperThe Husband’s Will and the Source of the Ten Requirements

The Husband’s Will and the Source of the Ten Requirements

later enacted that, except in particular circumstances, a husband may not divorce his wife against her will. The , 119:6, records this enactment as binding practice, and it has also been accepted in many communities.

This does not alter the ’s derivation of the underlying requirement. Rather, it adds a later communal and restriction upon exercising the -law ability to divorce without the wife’s consent.

Sources: Rama, 119:6.

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הלכה ג

What the ’s Words Teach About a Valid

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“He shall write”— teaches that she can be divorced only through writing.

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“For her”— means that it must be written specifically for her sake.

The must be designated in its writing for the particular woman who is to receive it.

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“A bill of severance”— means a document that completely severs the bond between him and her, so that he retains no marital authority over her;

The must end the marital bond rather than leave the husband with continuing marital authority over her. This does not mean that every condition invalidates a divorce; the distinction between acceptable conditions and conditions that prevent complete severance is explained in 8:2.

and if the bond between them has not yet been fully severed, she is not divorced, as will be explained.

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“And he shall place it in her hand”— teaches that she is not divorced until the is placed in her hand, or in the hand of her agent, which is legally considered like her own hand, or into her courtyard;

for all of these are legally treated as her hand, as will be explained.

“Her hand” therefore means legal receipt, not necessarily literal placement into her physical hand.

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“And he shall send her away”— teaches that the meaning of the must be that he is sending her away, not that he is sending himself away from her.

The document must affirmatively release the wife from the marriage. Merely stating that the husband no longer regards himself as bound to her does not accomplish the ’s required act of divorce.

Synopsis

The ’s wording teaches that the must be written specifically for this wife, fully sever the marital bond, reach her through a legally valid form of receipt, and express that the husband is releasing her—not merely withdrawing himself from the relationship.

הלכה ד

Language That Does and Does Not Create a Divorce

How does this distinction work in practice?

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If he wrote to her, “You are hereby sent away,” “You are hereby divorced,” “You are now independent,” “You are hereby permitted to every man,” or other wording expressing the same idea— she is divorced.

Each of these formulations speaks about releasing the woman herself from the marital bond.

The essential formulation of a is: “You are hereby permitted to every man.”

This directly expresses the central legal effect of divorce: she is released from this marriage and may marry another man. It does not remove independent prohibitions on whom she may marry.

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But if he wrote to her, “I am not your husband,” “I am not the one who you,” or, “I am not your man”— this is not a .

These statements describe the husband as removing himself rather than performing an act that releases the wife.

For the says, “and he shall send her away,” not that he should send himself away.

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Similarly, if a man writes to his wife, “You are hereby a free woman”— it is not a .

This wording is associated with a document freeing a slave from servitude. It does not clearly express the specific marital release required for divorce.

Synopsis

A valid must speak in terms that release the wife from the marital bond. Wording that merely describes the husband as no longer connected to her, or uses language appropriate to freeing a slave, does not accomplish divorce.

הלכה ה

When the Divorce Takes Effect Even Before She Leaves His Home

When the says, “and he shall send her from his house,” this does not mean that her divorce is incomplete until she physically leaves his home;

rather, once the reaches her hand, her divorce is complete, even though she is still in his home, as will be explained.

Physical departure from the house is therefore not part of the act that creates the divorce. The divorce takes effect through proper delivery of the .

The word “send her away” was stated to teach that if he divorced her but did not send her out of his home, it is treated as though he divorced her and then took his divorcee back.

The first was effective even though she had not yet left his home. The concern is what happens afterward, not her simply being inside at the moment of delivery. 10:18 describes a formerly married couple entering seclusion in the presence of two : because they were previously husband and wife, there is concern that they had relations with the intention of renewing their marriage. She therefore needs a second because of that doubt. That ruling does not apply in the same way when the first bond had been only , without .

therefore, she requires a second from him, as will be explained.

The second is required because of what occurred after the first valid divorce, not because the first itself was ineffective.

Synopsis

A divorce takes effect as soon as a valid is properly delivered, even while the woman remains physically in her husband’s home. If afterward the situation is treated as though he took his divorcee back, she requires a second .

הלכה ו

A Must Be Complete When Its Writing Is Finished

From where do we know that a may not still require a physical act after it has been written?

Because the states, “he shall write... and he shall give,” teaching that a valid is one that requires only writing and then giving.

Once the writing is complete, the document must already be ready for delivery. No additional physical act may be necessary to turn it into the object that will be given as the .

This excludes something that still needs to be cut off after the writing is completed.

The problem is not the act of cutting by itself. The problem is that the written was not yet in its final transferable form when the writing ended.

Therefore, if he wrote the on the horn of a cow, he must give her the entire cow.

The horn may serve as the writing surface while it remains attached. Since the is already complete in that form, he can satisfy the requirement by transferring the entire animal.

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But if he cut off the horn after writing the , and then gave it to her— it is not a .

Cutting the horn after the writing means that an additional act was still required to produce the object that was ultimately delivered.

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Similarly, if he wrote the on something attached to its source of growth— even if the signed it only after it was detached, and it was then given to her— it is not a .

The decisive issue is that the itself was written while still attached and later had to be detached. Signing it after detachment does not repair the defect created by the writing.

Synopsis

A must be complete and ready for delivery when its writing ends. If it still requires an act such as cutting or detaching before it can be given, the is invalid.

🔎Dig DeeperA Must Be Complete When Its Writing Is Finished

A Must Be Complete When Its Writing Is Finished

The ( 124:3) says that the paper should ideally be cut to its final size before the is written. The distinguishes substantial cutting after writing, which disqualifies the , from minor trimming merely to neaten it, which is not treated as the disqualifying act of cutting. Even that minor trimming should initially be completed before writing.

The ( 124:4) also rules that a may not be written on something attached to the ground, even if the husband proposes to give her the attached item as it stands. Giving her the plant together with its land therefore does not provide the solution that giving her the entire cow provides in the horn case.

Sources: , 124:3; , 124:4.

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הלכה ז

Writing Part of a While It Is Still Attached

A should not be written on something attached to the ground, not even its standard form.

The is the standard wording of the , leaving the identifying details and essential individualized language to be filled in later.

If the standard form was written while it was still attached, and it was then detached,

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and afterward he wrote the husband’s name, the wife’s name, the date, and the words, “You are hereby permitted to every man,” and it was signed, and given to her— the is valid.

Although none of the should initially be written while attached, after the fact the can still be valid if the identifying details and essential divorce formula were written only after detachment.

The date itself is a Rabbinic requirement. Nevertheless, the includes it among the portions that must be written after detachment for this after-the-fact validation.

Synopsis

No part of a should initially be written while attached to the ground. After the fact, however, if only the standard text was written while attached and the identifying details and essential divorce formula were written after detachment, the remains valid.

הלכה ח

Writing a on a Plant in a Flowerpot

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If he wrote the entire on a leaf growing in a flowerpot with a hole in its base— even if he gave her the entire flowerpot, the is disqualified, because of a Rabbinic decree lest someone cut off the leaf.

The Rabbinic disqualification described here needs to be distinguished from the -law defect in the preceding . The and ( 124:12) explain this case as one in which there is an interruption between the pot and the ground. Even then, the Sages disqualified a written on the leaf because someone might cut it off after writing. If the perforated pot rests directly on the earth without that interruption, its plant is treated as attached to the ground and the defect is at the level.

He may, however, write the on the pottery of the flowerpot and give the pot to her.

The pottery itself is not growing from the soil and does not present the same concern of later detachment from its source of nourishment.

Synopsis

In the flowerpot case explained above, a written on the growing leaf is Rabbinically disqualified even if the entire pot is transferred, because the leaf might be cut off. Writing on the pottery of the pot itself is permitted.

הלכה ט

The Must Be Given as an Act of Divorce

From where do we know that he may give the to her only as an act of divorce?

Because the states, “a bill of severance, and he shall place it in her hand,” teaching that he must give it to her as a bill of severance.

It is not enough that the correct document physically reaches her. The transfer must occur as an act of divorce.

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But if he gave it to her as though it were a promissory note or a , or placed it in her hand while she was sleeping, and she awoke and found it in her hand— it is not a .

In each case, something essential is missing from the act of delivery. The document did not reach her through a transfer functioning at that moment as an act of divorce.

Placing the in a sleeping woman’s hand is not sufficient receipt. Being awake and receiving the document is distinct from knowing that it is a : in the next , the husband identifies its purpose to the while describing it differently to his wife.

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But if afterward he tells her, “Behold, this is your ,”— it is a .

Once she is awake and the remains in her possession, his declaration identifying it as her can complete the act of divorce.

According to , this final rule applies not only to the sleeping case but also to the earlier cases in which the was initially presented as another type of document.

Synopsis

The must reach the woman as an act of divorce, not merely as an unidentified or misrepresented document. If she is awake and still holding it, a later declaration identifying it as her can complete the divorce.

🔎Dig DeeperThe Must Be Given as an Act of Divorce

The Must Be Given as an Act of Divorce

( 78a), as quoted by the ( 136:5), understands that although the husband need not necessarily tell the woman himself at the moment of delivery that the document is a , she must ultimately be informed that she has been divorced. It is unclear whether the himself requires this additional awareness in every case.

The ( 138:3) rules that placing the in a sleeping woman’s hand does not work even if the husband identifies it as a to the . The ’ knowledge of his purpose does not remedy the defect in her receipt.

Sources: Tosafot, 78a; Rama, 136:5; , 138:3.

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הלכה י

When the Husband Calls the a Promissory Note

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If the husband says to the , “See the that I am giving her,” and then says to his wife, “Take this promissory note,”— the is valid, because he already informed the that he was giving it as an act of divorce.

His actual intent in the witnessed transfer is therefore clear. Calling it a promissory note when speaking to his wife does not reverse the divorce character he already established before the .

And the reason he called it a “promissory note” when speaking to her is that he was embarrassed before her.

His words to her are understood as an attempt to avoid the embarrassment of directly announcing the divorce, rather than as an attempt to cancel or redefine the .

Synopsis

If the husband first tells the that he is giving his wife a , the divorce remains valid even if he then calls the document a promissory note when handing it to her. His earlier declaration establishes the purpose of the transfer.

הלכה יא

What the Husband Must Say When Giving the

When a husband divorces his wife, he must say to her as he gives her the , “Behold, this is your ,” or, “This is your ,” or similar wording.

The words make clear that the document is being transferred to her specifically as a .

If he placed it in her hand without saying anything, the is disqualified.

When there was no preceding discussion of divorce, the Sages required the delivery to be accompanied by words identifying the document as her .

When does this rule apply?

When he was not already speaking with her about her divorce.

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But if he had been speaking with her about her divorce, and he took the and placed it in her hand, without saying anything— the is valid.

In that setting, the surrounding conversation itself makes the purpose of the transfer clear, so no additional statement at the moment of delivery is necessary.

Synopsis

Ordinarily, the husband should identify the document as the woman’s when giving it to her. If they were already discussing her divorce, the surrounding context can make the purpose of the transfer clear even without additional words.

🔎Dig DeeperWhat the Husband Must Say When Giving the

What the Husband Must Say When Giving the

The and understand a given in silence more stringently and treat it as void. The , however, explains that the itself indicates its purpose, so according to the the defect is only Rabbinic when no explanatory statement accompanies the transfer.

Sources: Tur, 136; Beit Shmuel, 136:1.

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הלכה יב

The Husband Must Give the Rather Than Have Her Take It

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If a was lying on the ground, and he said to her, “Pick up your from the ground,” and she picked it up, or if the was tied to his hand or thigh, and she pulled it away from him—

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even if, after it reached her hand, he said to her, “Behold, this is your ,”— it is not a ,

because the says, “and he shall place it in her hand,” not that she should take it on her own, and in these cases he did not give it to her, neither he nor his agent.

The requires an act of giving from the husband or his agent. Merely allowing the woman to take possession herself does not satisfy that requirement. This differs from halachah 9: there, the husband had placed the document in her hand, and a later declaration could establish its purpose. Here, the required act of giving never occurred, so words alone cannot supply it.

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But if he bent his body toward her or tilted his hand until she pulled the away from him, and he said to her, “Behold, this is your ,”— the is valid.

Here the husband actively assists the transfer by positioning himself or his hand so that she can take the . His action is sufficient to count as giving rather than merely allowing her to take it entirely on her own.

Synopsis

The must be given by the husband or his agent; the wife cannot simply pick it up or pull it away on her own. If the husband actively facilitates the transfer, however, the act can qualify as giving.

🔎Dig DeeperThe Husband Must Give the Rather Than Have Her Take It

The Husband Must Give the Rather Than Have Her Take It

The ( 138:1) records two approaches to the husband’s participation. In the first, associated with , merely opening his hand is not enough. In the case of a tucked under his belt, he must both loosen it by drawing in his waist and lean toward her. The husband thereby participates in releasing and transferring the document.

The ’s formulation is recorded separately: when the is tied to his hand or thigh, bending toward her or tilting his hand so that she pulls it away can qualify as giving. The difference concerns which physical assistance is sufficient, not whether an act of giving is required.

The Rambam’s ( 8:2) indicates that his statement identifying the accompanies the transfer in this case; it is not supplied only afterward.

Sources: , 138:1; Rambam’s , 8:2.

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Live ItTake an active part

Take an active part

The husband must give the ; simply telling his wife to pick it up does not satisfy that requirement. His physical assistance in transferring it can make the difference. The distinction is between allowing something to happen and actively participating in it.

When someone asks for help, we can notice whether our response leaves them carrying the whole task. A child struggling with homework may need us to sit beside them for the first question, rather than hear, “Ask me if you stuck.” We do not have to take over. A small, concrete contribution can make our willingness to help something they can actually use.

Try today

Turn one offer of help into a specific action.

Suggested reflection on 1:12.

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הלכה יג

Why Must Observe the Delivery

From where do we know that the must be given to her in the presence of ?

For the states, “By the testimony of two or three shall a matter be established,” (see 17:6; 19:15),

and it cannot be that today this woman is forbidden as a married woman and a man who has relations with her is subject to a court-imposed death penalty, while tomorrow she becomes permitted without .

Divorce changes the woman’s legal status in a fundamental way. The therefore requires the event that dissolves the marriage to be established through .

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Therefore, if he gave her the privately, with no present, or even in the presence of only one witness— it is not a .

The ordinary procedure requires two valid to observe the delivery. The following distinguish this case from one involving the husband’s own handwriting or a bearing two valid signatures.

Synopsis

Divorce requires legally effective witnessing, ordinarily through two who observe delivery. A private delivery without the alternative grounds addressed in the following does not effect a divorce.

🔎Dig DeeperWhy Must Observe the Delivery

Why Must Observe the Delivery

The distinguishes between two functions of . In ordinary monetary disputes, primarily serve as —evidence clarifying what occurred. Marriage and divorce require : whose presence is necessary for the legal change of status itself to take effect.

This distinction is also discussed by the . It explains why even if husband and wife both agree that a was privately delivered, their agreement cannot replace the two required for the divorce.

Sources: Tumim, 90:14; Tzafenat Paneach, , entries on testimony and witnesses to .

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הלכה יד

When the Husband’s Handwriting Changes the Status of an Unwitnessed

When does the preceding rule apply?

When the was written in the handwriting of a scribe.

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But if the husband himself wrote the in his own handwriting, and one witness signed it, and he gave it to her— the is disqualified.

According to the ’s framework, his own handwriting gives this case a different status from an ordinary unsigned document written by a scribe. The ( 130) explains that the husband’s handwriting has exceptional evidentiary force. The is therefore disqualified by the Sages rather than void under law.

The mentions one witness signing, but the same basic rule would apply even without that signature. The critical fact is that the itself is in the husband’s handwriting.

Synopsis

A written in the husband’s own handwriting has a special status under the ’s ruling: even without two delivery , its defect is Rabbinic rather than a -law nullity.

🔎Dig DeeperWhen the Husband’s Handwriting Changes the Status of an Unwitnessed

When the Husband’s Handwriting Changes the Status of an Unwitnessed

The ( 130:31) records a practical consequence of the disagreement. Under the ’s ruling, if she remarried on the basis of this Rabbinically disqualified , she does not have to leave the second husband. The opposing authorities regard the as void under law and require her to leave him. Neither view permits relying on this defective initially.

Sources: Beit Shmuel, 130:31.

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הלכה טו

Why Sign the

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It is a Rabbinic enactment that should sign the —

because perhaps the husband will give her the in the presence of two and those will later die, leaving the in her possession like an ordinary shard of pottery, because it contains no testimony within it.

Without surviving to the delivery and without signatures on the document, she could later have difficulty proving that a valid divorce had actually taken place.

Therefore, the Sages enacted that testimony should appear within the document itself.

The ’ signatures preserve evidence of the even if the who originally observed its delivery are no longer available.

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Even though have signed within the , it must still be given to her in the presence of two , whether those are the same who signed it or two different —

because the essential witnessing of the divorce is through the who observe the delivery.

According to the , the signatures are an important Rabbinic safeguard, but the essential witnessing of the divorce itself occurs when valid observe the transfer of the .

Synopsis

The Sages required to sign the so that lasting evidence of the divorce would remain even if the delivery later became unavailable. Nevertheless, the essential to the divorce are those who observe the being delivered.

🔎Dig DeeperWhy Sign the

Why Sign the

The records a dispute between and over whether the primary are those who observe the delivery or those who sign the . The follows Rabbi Elazar: the essential divorce is established by , the to delivery, while signatures are a Rabbinic safeguard.

The notes that although the law generally follows Rabbi Elazar, the view of Rabbi Meir should still be respected initially. The records the present custom that the same who sign the also observe its delivery.

Sources: 86b; Rama, 130:1.

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הלכה טז

When Signed Can Validate a Privately Delivered

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If two signed the , and the husband transgressed and gave it to her privately, or the who observed its delivery were later found to be disqualified—

are the who observe the actual delivery of the . Normally, these are central to the divorce.

the is nevertheless valid, because the who signed the document are valid, and the is now in the woman’s possession.

In this case, the valid signatures, together with the being in her possession, are sufficient for the to uphold the divorce after the fact.

Some of the , however, ruled that such a is disqualified.

According to this view, valid signatures do not fully compensate for the absence of acceptable to the transfer.

Synopsis

If two valid signed the but the delivery was private or observed by disqualified , the rules that the is valid after the fact because the signed is in the woman’s possession. Some disagree.

🔎Dig DeeperWhen Signed Can Validate a Privately Delivered

When Signed Can Validate a Privately Delivered

The notes that and take a stricter position than the quoted by the : in their view, if valid did not observe the delivery, the is entirely void rather than merely Rabbinically disqualified.

This dispute reflects how much legal force should be given to valid signatures when the witnessing of the actual delivery was defective.

Sources: Beit Shmuel, 133:3.

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הלכה יז

When Invalid Signatures Disqualify the

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If the signed within the were disqualified, even if only one was disqualified and the other was valid, and the husband gave it to her in the presence of two valid —

the is disqualified, because the document is defective from within, as though it were internally falsified.

Ordinarily, a does not require signatures at all for validity if valid observe the delivery. Once signatures are placed on the , however, they become part of the document’s apparent authentication. Invalid signatures therefore damage the document itself.

This is why valid do not repair the problem: a with no signatures can be valid, but a carrying invalid signatures is disqualified because of the defect created within the document.

Synopsis

A can be valid without signed , but once sign it, invalid signatures damage the document itself. Even valid to the delivery cannot cure a that is internally defective.

הלכה יח

How Far the ’ Signatures May Be from the Text

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If the ’ signatures were placed away from the written text by the full space of two lines, the is disqualified.

A blank space of two full lines allows additional text to be inserted above the signatures, making it appear that the signed that added wording as well. The problem is therefore the reliability of the document, not merely its appearance.

How much space may there be between the and the text?

Less than the space of two lines, so that the signatures are read as connected with the document.

When does this disqualification apply?

When the is found in the woman’s possession and there were no to its delivery.

In that case, the document must rely on the signatures to support its validity.

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But if the was delivered to her in the presence of , even if the signatures are very far from the text, and do not appear visually connected to it, and even if no signed the at all—

the is valid, because the essential witnessing of the divorce is through the to delivery.

This follows the principle established above: according to the , valid are the primary who establish the divorce.

Synopsis

When the validity of the depends on its signatures, they must appear closely connected to its text. If valid observed the actual delivery, however, the can be valid even with distant signatures—or with no signatures at all.

🔎Dig DeeperHow Far the ’ Signatures May Be from the Text

How Far the ’ Signatures May Be from the Text

The disagrees with the and maintains that a whose signatures are separated too far from the text remains disqualified even when valid observed its delivery.

The discusses why the Rambam is more lenient here than in ordinary monetary documents. One explanation is that a financial document must remain reliable evidence of its contents over time, while in divorce the themselves establish the change in marital status.

Sources: Raavad on 1:18; Beit Shmuel, 130:3.

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הלכה יט

The Delivery Must Know What Document Was Given

The in whose presence the is given must read it and only afterward should it be given to her.

Because the to delivery are essential to the divorce, they must know that the document being transferred is actually a .

If it was first given to her in their presence, they should then read it after he has given it to her.

If they did not read it beforehand, reading it immediately afterward can still verify that the document they witnessed being delivered was the .

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If they read it while it was in the husband’s hand or in the hand of his agent, and then returned it to him, and he then concealed it within his hand, and gave it to her— they must read it again.

Once the document disappears from their view before delivery, there is a possibility that it was exchanged for another paper. Reading it again after delivery confirms that the same they examined is what she actually received.

Synopsis

The delivery must know that the document transferred is actually a . They therefore read it before delivery, or immediately afterward if necessary, and must read it again if it was concealed from their view in between.

🔎Dig DeeperThe Delivery Must Know What Document Was Given

The Delivery Must Know What Document Was Given

The ( 135:1) records the custom of reading the both before and after delivery. This adds a safeguard beyond the basic rule: the check its contents before the transfer and confirm afterward that the woman received that same document.

Sources: Rama, 135:1.

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Live ItCheck what actually arrived

Check what actually arrived

The delivery must know that the document being transferred is a . If they read it and it was then concealed before delivery, they must read it again. Their earlier inspection does not establish what was ultimately handed over.

That distinction can sharpen how we communicate. We may carefully explain a task to a child, then assume that what we intended is what they understood. Before walking away, we can ask, “What are you going to do first?” Their answer may reveal a small misunderstanding while it is still easy to clear up. Checking understanding can spare both of us frustration later.

Try today

After explaining something important, invite the other person to describe their next step.

Suggested reflection on 1:19.

The Rebbe’s guidance: Bring the daily learning into life
הלכה כ

When the Was Not Read Again After Being Concealed

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If the did not read the again, and the woman instead took it and threw it into the sea or into a fire, she is nevertheless divorced—

This refers to the preceding case, where the had already read the before it was concealed in the husband’s hand but did not have an opportunity to read it again after delivery.

because they had read it beforehand, we do not suspect that the husband exchanged it for another document.

The possibility of substitution is not strong enough to undo the presumption created by the ’ earlier reading.

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Moreover, even if the husband later says, “It was another document, not the that you read,”— he is not believed, and she is divorced.

Once the had identified the before the transfer, the husband cannot later undermine the divorce merely by claiming that he secretly substituted another document.

Synopsis

If the read the before delivery but it was then concealed and destroyed before they could reread it, the divorce still stands. The husband is not believed afterward to claim that he secretly substituted another document.

הלכה כא

When No One Ever Read the

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Suppose the did not read the beforehand, and the husband gave her the in their presence, and she threw it into a fire or into the sea—

even though the husband says that it was a valid , her status is that of a woman whose divorce is in doubt.

This differs from the preceding . There, the had already read and identified the before it was handed over. Here, no one established what the document was before it was destroyed.

The husband’s statement afterward that it was a valid cannot resolve the uncertainty. Since the document no longer exists and the cannot identify what they saw delivered, it remains uncertain whether a valid divorce occurred.

means that the divorce is doubtful: she cannot be treated as certainly married or certainly divorced. She requires another before marrying someone else; if she remarried without one, she must leave the second husband ( 10:3).

Synopsis

If the never read the document and it is destroyed immediately after delivery, the husband’s statement that it was a valid is not enough to establish the divorce. The woman is therefore considered doubtfully divorced.

הלכה כב

When the Document Found in Her Courtyard Is Not a

If he threw the into her courtyard among the barrels, in the presence of ,

A woman’s courtyard can function as a legally recognized means of receiving her , just as her hand can.

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and they searched and found a or some other document— we do not consider her possibly divorced, because we assume that the object they found is the one he threw.

If only one document is found where the supposed was thrown, and that document turns out not to be a , we assume that this was the document the husband actually threw. There is therefore no basis to say that a different was delivered and later disappeared.

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But if two or three or other documents were found there— we are concerned that perhaps the that he threw was dragged away by mice, and she is therefore doubtfully divorced.

Once several unrelated documents are already present, finding one of them does not establish which paper the saw being thrown. It is therefore possible that a genuine was thrown into her courtyard and later disappeared.

This case assumes that the had not already read and identified the document as a . If they had, finding one unrelated document would leave her doubtfully divorced rather than remove all concern for a divorce (, 135:5).

Synopsis

If a single non- document is found where the supposed was thrown, we assume that was the object actually thrown and there is no divorce concern. If several other documents are present, however, a genuine may have disappeared, leaving her status in doubt.

הלכה כג

What the Signing Must Be Able to Do

The who sign a must know how to read and how to sign.

Ideally, each witness should be capable of reading the himself and signing his own name.

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If they do not know how to read, the may be read aloud before them and they may then sign, provided that they understand the language of the .

It is not enough for them merely to hear unfamiliar words recited. They must understand the language sufficiently to know the document whose contents they are attesting to.

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If they do not know how to sign, an outline may be traced for them on the paper with saliva or with something similar, using a substance whose mark does not endure, and they then write their signatures over the tracing.

The temporary marks merely guide the ’ own writing. The enduring signature is produced by the themselves.

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This procedure is not used for other legal documents.

This is a leniency that the Sages allowed specifically for women’s divorce documents, so that Jewish women should not be left as , unable to remarry, since the requirement that sign the is Rabbinic, as we have explained.

Because the signatures themselves are a Rabbinic requirement rather than the -law foundation of the divorce, the Sages could allow limited procedural leniencies when necessary to prevent a woman from remaining unable to remarry.

Synopsis

Signing should be able to read the and sign their names. When necessary, the Sages permitted limited assistance with reading or forming their signatures because signed are a Rabbinic requirement and these leniencies can prevent a woman from becoming an .

🔎Dig DeeperWhat the Signing Must Be Able to Do

What the Signing Must Be Able to Do

The ( 130) understands the to require the themselves to understand the ’s language; someone else’s translation cannot replace their own knowledge of what they sign. The (130:27) records other opinions. This concerns understanding the language, not merely the ability to read its letters.

For a witness unable to form his signature, the ( 130:16) rejects tracing over temporary marks in practice and instead records the use of cut-out letter shapes through which the witness writes. The signature is still written by the witness himself.

Sources: Beit Yosef, 130; Beit Shmuel, 130:27; Rama, 130:16.

The Rebbe’s guidance: Learn in depth
Live ItHelp someone do their own part

Help someone do their own part

When necessary, a may be read aloud to signing who cannot read it themselves, provided they understand its language. Assistance with reading does not remove the need for understanding. The still need to know what they are signing.

When helping someone learn, we can make a task accessible while leaving them room to participate. A child who struggles to read a homework question may understand the problem once we read it aloud. We can then pause and let them work out the answer. Before doing the whole task for them, it helps to identify the particular difficulty that is getting in their way.

Try today

Ask someone who is struggling, “Which part would help to do together?”

Suggested reflection on 1:23.

The Rebbe’s guidance: Bring the daily learning into life
הלכה כד

Additional Safeguards for the Signatures, Date, and Place

Although the requirement that sign the is Rabbinic, the Sages instituted that the clearly identify themselves by name in the .

Their signatures must make the identity of the clear.

They also instituted regarding the to a that they sign only in one another’s presence;

The safeguard addresses a case in which the husband required every member of a group to sign. If they signed separately, two signatures could make the look complete even though others had not yet signed and his condition remained unfulfilled. Requiring the to sign in one another’s presence guards against using such an incomplete ( 9:29).

and if they signed without being in one another’s presence, the is disqualified.

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The Sages also instituted that the date be written in the together with the place where it was written, as is done with other legal documents.

This was enacted out of concern that a man’s wife might be his relative and she might commit adultery while still married to him, and afterward he might write her a and give it to her.

If the contained no date, she could claim, “I was divorced before the adultery occurred.”

A husband might be tempted to protect a close relative from the severe consequences of adultery by giving her an undated afterward and allowing her to claim that the divorce had preceded the relationship.

Therefore, the Sages instituted that a date be included in .

The date provides a fixed chronological record and prevents a later from being used to create a false earlier timeline for the divorce.

Synopsis

The Sages added safeguards to signed : the must clearly identify themselves and sign in one another’s presence, and the must record its date and place of writing. The date prevents an undated from later being used to claim falsely that the divorce preceded an act of adultery.

הלכה כה

Incorrect Dates and Places in a

If a bears ’ signatures but contains no date, or its recorded date is earlier than the true date, or later than the true date,

A document is antedated; a document is postdated.

or if it was written during the day and signed on the following night, even though they remained continuously occupied with that same matter,

Since the Jewish date changes at nightfall, the writing and signing now belong to two different dates. According to the , their continuous involvement does not remove the defect.

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or if he wrote the in but mistakenly recorded as the place— all of these are disqualified, for the must sign it at the proper time of its writing and in accordance with the place of its writing.

According to the , the signing must correspond properly to the ’s time and place of writing. A mismatch in the recorded date, the timing of the signatures, or the recorded location can therefore disqualify the .

Synopsis

A signed is disqualified if it has no date, contains an incorrect earlier or later date, is written on one date and signed the next night, or records the wrong place. According to the , its signing must correspond properly to the time and place of writing.

🔎Dig DeeperIncorrect Dates and Places in a

Incorrect Dates and Places in a

The disagreement about postdating has a concrete consequence. The disqualifies a bearing a future date. The permits a postdated , while the view reflected in the first ruling of , 127:9, permits it but delays the divorce until the date written in the document, even if it was delivered earlier. The also records the disqualifying view.

For a written during the day and signed the following night, , 127:2, records both the disqualification and an opinion permitting it in pressing circumstances. Thus, the dispute concerns whether that timing defect can be accepted under such circumstances.

Regarding location, , 128:1, first requires the place where the sign, even if the writing took place elsewhere. It also records an opinion requiring the scribe and to be in the same place. This makes the practical question explicit: which location must the document accurately identify when writing and signing occur in different places?

Sources: Raavad on 1:25; , 127:9; , 127:2; , 128:1.

The Rebbe’s guidance: Learn in depth
הלכה כו

A Does Not Need an Exact Day

If he cut the date off the and gave it to her,

This is an after-the-fact ruling, not permission to remove the date. Unlike the preceding case of a prepared without a date, this document originally contained one. The discussion in 17b distinguishes deliberately cutting away the date as an unusual attempt at deception that the enactment did not ordinarily anticipate; the rules that the remains valid in this case.

or if he did not write the specific day, but wrote only, “in the first week” or “the second week of such-and-such a month,” or merely named the month, or merely named the year without mentioning the month,

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or even if he wrote only that it occurred in a particular seven-year cycle— the is valid.

A broad date still limits the period within which the document was written. Naming a month, for example, rules out a claim that it was written in an earlier month. The date requirement therefore provides useful chronological evidence even when it does not identify the exact day ( 17b).

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Similarly, if he wrote in the , “Today I divorced her,”— it is valid, because its meaning is the day on which the was issued.

“Today” is understood by reference to the day on which the document was issued, so it provides a usable time reference even without stating the calendar date explicitly.

Synopsis

A can be valid with a broader time reference, such as a month, year, or cycle, rather than an exact day. The also upholds a whose date was removed after writing; this states its validity after the fact, not permission to remove the date.

הלכה כז

Which Calendar Should Be Used in a ?

The Sages also instituted that dates in should be counted according to the reign of the governing authority of that time, for the sake of peaceful relations with the government.

The was to use the regnal dating system associated with the governing authority so that a Jewish legal document would not appear to disregard that authority.

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If he dated it according to a kingdom that does not rule that country, or according to the number of years since the building of the , or since the destruction of the —

if the people of that place commonly use that system of dating, the is valid;

but if that is not their customary system of dating, the is disqualified.

The concern is therefore not simply which calendar appears on the document. The dating system must be one legitimately used in that location.

The Jewish people have already adopted the custom of dating either from the creation of the world, or according to the era of Alexander of Macedon, which is known as the Era of Contracts.

The records two established Jewish dating systems: the year from Creation and the historical calendar known as .

If instead he dated it according to the reign of the governing authority of that time in a country over which that authority has jurisdiction, the is valid.

Thus, the permits dating according to the contemporary ruling authority when that authority actually governs the place in which the is written.

Synopsis

The Sages required a ’s dating system to respect the recognized governing authority and local practice. Established Jewish dating systems, such as years from Creation or the Era of Contracts, are valid, as is a regnal dating system used by an authority that actually rules that location.

הלכה כח

The Is Dated Where and When It Is Actually Written

If a husband tells two men, “Write and sign and give a to my wife,” and the matter is delayed for days or even years,

The husband’s original instruction does not determine the date that will appear in the eventual .

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or if the original was found to be void and they were required to write her another valid several years later, as will be explained—

Even when a later replacement must be written, its date and place are determined by the actual writing of that new document, not by the circumstances of the original instruction.

they write the date on which the is actually written and the place where it is actually written, not the date on which the husband originally instructed them to write it, and not the place where he gave those instructions.

The date and place recorded in the describe the actual creation of the document, not the earlier authorization to prepare it.

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For example: they were in when he instructed them, and it was the month of , but they were delayed until , at which time they were in —

they date the in and record as its place, because that is where the was actually written, as is the rule for other legal documents.

The husband may have authorized the months or years earlier and in an entirely different place. Nevertheless, the document records the date and location where that particular was actually written.

Synopsis

A records the time and place where that particular document is actually written—not when or where the husband originally authorized it. Thus, if he instructed the writers in in but they produced the in in , the is dated and identifies .

Live ItGive the intention a next step

Give the intention a next step

A records the date and place where it is actually written, even if the husband gave his instructions much earlier. The earlier authorization and the later writing are distinct events. The document’s date reflects when the writing took place.

A good intention can remain with us for a long time without becoming part of our day. We might sincerely mean to call a relative, yet keep waiting for a quieter evening. Choosing a particular time and making a short call gives that intention practical expression. We can appreciate having wanted to do it and still recognize the step that remains for us to take.

Try today

Choose one lingering good intention and set a realistic time for its first step.

Suggested reflection on 1:28.

The Rebbe’s guidance: Bring the daily learning into life
Sources & editorial method

Hebrew text: Mishneh Torah, Hilchos Gerushin, Chapter 1. The Hebrew is preserved as the primary text and divided into short learning units.

Translation and elucidation: Independently prepared for Rambam, Clearly in contemporary English. Translation follows the Rambam’s words; elucidation supplies only the context needed to understand them.

Word cards and glossary: Hebrew word cards distinguish a word’s basic meaning from its meaning in the particular phrase. Shared glossary entries explain recurring terms; biography entries identify the cited authorities.

Explain and Background: Explain provides context needed for the ruling. Optional Background panels provide additional context that can be skipped without losing the essential explanation.

Synopsis: A short summary follows each halachah. It is a guide to the central ruling, not a replacement for the full text and its qualifications.

Dig Deeper: Based on the classic commentaries named inside each panel. Editorial explanations are not presented as quotations.

Live It: Where present, these panels connect a particular halachah to a suggested personal reflection and an action to try. Original applications are labeled as suggested reflections. They are distinct from the ruling and are not attributed to the Rebbe merely because his guidance supports seeking a practical lesson.

Measurements: Modern equivalents draw on Chabad.org’s measurement glossary and cited halachic calculations. They show a range when major accepted calculations differ. Monetary equivalents fluctuate with the price of silver.

The Rebbe’s teachings and guidance: Source links accompany the completion teachings and the guidance inside Dig Deeper and Live It. Quotations, translations, and adaptations are identified; the general guidance is separate from the sources for a panel’s particular discussion.

Editorial responsibility: Created and prepared for this project by Levi Gelb. Corrections and suggestions can be submitted below. This presentation supports learning; practical halachic questions should be brought to a qualified rav.

Chapter 1 at a glance

Chapter review

Review the chapter’s central rulings through these synopses.

  • A -valid divorce rests on ten fundamental requirements: the husband must willingly divorce through a properly written, fully severing document prepared for this wife, completed before delivery, and transferred to her as a by him or his agent in the presence of . Other formal requirements are Rabbinic.
  • No part of a should initially be written while attached to the ground. After the fact, however, if only the standard text was written while attached and the identifying details and essential divorce formula were written after detachment, the remains valid.
  • The must be given by the husband or his agent; the wife cannot simply pick it up or pull it away on her own. If the husband actively facilitates the transfer, however, the act can qualify as giving.
  • When the validity of the depends on its signatures, they must appear closely connected to its text. If valid observed the actual delivery, however, the can be valid even with distant signatures—or with no signatures at all.
  • If the read the before delivery but it was then concealed and destroyed before they could reread it, the divorce still stands. The husband is not believed afterward to claim that he secretly substituted another document.
פרק א

End of chapter.

You have reached the end of all twenty-eight halachos.