Detailed Description |
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Certificate appointing a messenger to deliver a divorce decree to a women Hindel daughter of Joseph the Kohen. The document is witnessed by two witnesses and countersigned by a three member rabbinical judicial panel.
Divorce is carried into effect by the get (bill of divorcement) being written, signed, and delivered by the husband to his wife. It is written by a scribe upon the husband's instruction to write "for him, for her, and for the purpose of a divorce." The rules pertaining to the writing, signing and delivery of a get are very formal and exact in order to avoid mistakes or a wrongful exploitation of the get, and they must therefore be stringently observed. Delivery and receipt of the bill of divorcement, like any regular legal act, may be effected through an agent in terms of the rule that "a man's agent is as himself". Appointment of the agent is made before the court by way of a power of attorney (harsha'ah), i.e., a written document very carefully and formally prepared to include all the relevant details, in which the agent is empowered to delegate his authority to another, and the latter to another in turn, etc. (Sh.Ar., EH 140:3; 141:29–30). An agent appointed by the husband for the purpose of delivering the get to his wife is called "the agent of delivery" and the get takes effect only upon delivery thereof by the husband or his agent to the wife or her agent, the latter called "the agent of receipt" (Sh.Ar., ibid.). The rules of agency in divorce are of practical importance in cases where the parties live in different countries and wish to avoid the expense involved in the grant and delivery of a get in the presence of each other, or where they do not wish to confront one another. |