WHY SOMEONE WITHOUT DA'AS CAN WRITE A GET
Answer #1 (Rav Huna): The case is, an adult supervises them.
Question (Rav Nachman): Would adult supervision enable a Nochri to write a Get?!
You cannot say that it does. A Beraisa disqualifies him!
Answer: A Nochri is different. He writes for his own motive. (A deaf person, lunatic or minor writes according to what the adult tells him.)
Retraction (Rav Nachman): I erred. The Seifa (on this Amud) says that a Nochri cannot be a Shali'ach to give a Get. This implies that he can write one .
Question: A Beraisa disqualifies him!
Answer: That Beraisa is like R. Elazar, who says that Edei Mesirah Karsei, and the Get must be written Lishmah (for the sake of the woman being divorced);
Clearly, a Nochri writes for whomever he wants, and it is not Lishmah.
Answer #2 (to question 3:c (22b) - Rav Nachman): (The Mishnah is like R. Meir.) R. Meir holds that even if a Get was found in the trash, if it was signed and given, it is valid.
Question #1 (Rava - Beraisa): "He will write for her" - Lishmah.
Suggestion: This refers to writing the text of the Get.
Answer #1 (Rav Nachman): No, it refers to the witnesses' signatures. (They must sign Lishmah.)
Question #2 (Rava - Beraisa): Any Get written without intent for a particular woman is Pasul.
Answer #1 (Rav Nachman): It means that any Get signed without intent for a particular woman is Pasul.
Question #3 (Rava - Beraisa): When he writes it, it is as if he writes it Lishmah.
Suggestion: This means that when he writes the Toref Lishmah, it is as if he writes the Tofes Lishmah.
Answer #1 (Rav Nachman): No. It means that when witnesses sign the Get Lishmah, it is as if he wrote it Lishmah.
Answer #2 (to all three questions - Rav Nachman): These Beraisos are like R. Elazar (who requires a Get to be written Lishmah).
Answer #3 (to question 3:c (22b) - Rav Yehudah): A deaf person, lunatic or minor may write the Tofes, but one with Da'as must write the Toref. The Mishnah is like R. Elazar.
(R. Zrika, citing R. Yochanan): The Mishnah is like R. Meir. It teaches that a Get need not be Lishmah at all.
Contradiction: Rabah bar bar Chanah cited R. Yochanan to say that the Mishnah is like R. Elazar!
Resolution: Amora'im argue about R. Yochanan's opinion.
WHO CAN BE A SHALI'ACH TO GIVE A GET
(Mishnah): Anyone may be a Shali'ach to bring (i.e. give) a Get, except for a deaf person, lunatic, minor, a blind person, or a Nochri.
If a minor was appointed (to be a Shali'ach), and became an adult (and then gave it), or if a deaf, blind or insane person was appointed, and he became healthy, or if a Nochri was appointed and he converted, the Get is Pasul.
If a healthy adult was appointed, and he became deaf, blind or insane, and he became healthy again (and then gave it), the Get is valid.
The rule is, whenever the Shali'ach had Da'as when appointed and when he gave it, it is valid.
(Gemara): We understand why a deaf person, lunatic and minor are Pasul. They lack Da'as.
We understand why a Nochri is Pasul. Divorce does not apply to him.
Question: Why can't a blind person be a Shali'ach?
Answer #1 (Rav Sheshes): He doesn't know who gave it to him, and to whom he gives it. (Rav Sheshes and Rav Yosef were blind.)
Objection (Rav Yosef): If a blind person cannot recognize people, how is a blind man permitted to have Bi'ah with his wife (perhaps it is another man's wife)? How is anyone permitted to have Bi'ah at night (when he cannot see)?
You must say, he can recognize people through their voices. Therefore, he could recognize the giver and receiver of a Get!
Answer #2 (Rav Yosef): The Mishnah discusses a Get from Chutz La'aretz. The Shali'ach must say 'it was written and signed in front of me', and a blind person cannot say this.
Question (Abaye): If so, if a seeing person was made a Shali'ach, and became blind, he should be able to give the Get!
Answer (Rav Yosef): That is correct!
Question (Abaye - Mishnah): If a seeing person was appointed, became blind, and became healthy again, the Get is valid.
Inference: Had he not returned to health, it would be Pasul!
Answer (Rav Yosef): Really, even if he remained blind it is valid. The Mishnah said that he returned to health for parallel structure with the case of going insane, in which it is valid only if he returned to sanity.
Support (Rav Ashi - Reisha): Whenever the Shali'ach had Da'as when appointed and when he gives it, it is valid.
It does not say that the Shali'ach must be Kosher (qualified) when appointed and when he gives it. This shows that it is valid even if he is blind when he gives it.
CAN SLAVES BE SHELUCHIM?
Question: Can a slave be a Shali'ach to receive a Get of divorce?
Answer #1 (R. Ami): The Mishnah disqualifies only a Nochri. This implies that a slave can be a Shali'ach.
Answer #2 (R. Asi): He cannot be a Shali'ach, since Kidushin and divorce do not apply to him.
Question (R. Elazar): If his only disqualification is that Kidushin and divorce do not apply to him, this implies that he can be a Shali'ach for something that applies to him. However, Terumah applies to Nochrim and Kusim, yet they cannot be Sheluchim to separate Terumah!
(Mishnah): If a Nochri or Kusi separated Terumah on his own produce, it is Terumah.
(Mishnah): If a Nochri separated Terumah on the produce of a Yisrael, even if he was authorized to do so, it does not become Terumah.
Suggestion: This is because it says "also you" (regarding Terumah, the source for Shelichus). The Shali'ach must resemble the one who appoints him, i.e. he must also be a Yisrael.
Answer (d'Vei R. Yanai): No, the Shali'ach must resemble the one who appoints him, i.e. he must also be in the covenant of circumcision.
(R. Chiya bar Aba, citing R. Yochanan): A slave cannot be a Shali'ach to receive a Get of divorce, since Kidushin and divorce do not apply to him.
This is true, even though a Beraisa teaches that if one told his slave 'you remain a slave, and your child is free', if she was pregnant, she acquires freedom on behalf of the fetus.
Question: Why should these depend on one another? (A slave can receive a Get of freedom, but he cannot be a Shali'ach to receive a Get of divorce, because Kidushin and divorce do not apply to him!)
Answer (Rav Shmuel bar Yehudah): R. Yochanan taught (that a slave cannot be a Shali'ach to receive a Get of divorce, and) also the following (and said the Beraisa does not refute it):
A slave can receive a Get of freedom on behalf of a slave of a different master, but not for a slave of his master.
Question (Beraisa): If one told his slave... she acquires freedom on behalf of the fetus.
Answer - part 1 (R. Zeira or R. Shmuel bar R. Yitzchak): The Beraisa is like Rebbi, who says that if one who frees half his slave, this takes effect;
Answer - part 2 (the other of these two giants of the generation): Rebbi holds that a fetus is considered part of his mother. Freeing the fetus is like freeing a limb of the mother.
WOMEN SUSPECTED OF LYING
(Mishnah): The following relatives of a woman (Sarah) are suspected to hate her: her mother-in-law; the daughter of her mother-in-law; her co-wife; her husband's brother's wife; and her husband's daughter (from another woman). Any of these is not believed to say that Sarah's husband died. Perhaps she lies, intending that Sarah will remarry and suffer severe fines. Such relatives are believed to bring a Get to Sarah.
Question: Why are they believed about a Get, but not to say that the husband died?
Answer: The Get she holds proves that she is not lying.
A woman can bring her own Get, as long as she says 'it was written and signed in front of me.'
(Gemara - Beraisa) Contradiction: Just like these relatives are not believed to say that her husband died, they are not believed to bring her Get.
Answer #1 (Rav Yosef): Our Mishnah discusses a Get brought within Eretz Yisrael. Since the Shali'ach does not need to make a declaration, the relative is believed;
The Beraisa discusses a Get brought from Chutz La'aretz. Since the Shali'ach must say 'it was written and signed in front of me', the relative is not believed.
Question (Abaye): Just the opposite! Regarding a Get brought within Eretz Yisrael, if the husband comes and denies having sent the Get, we will suspect that is true (since no declaration was made). The relative should not be believed, perhaps she wants to make Sarah blunder.
Regarding a Get brought from Chutz La'aretz, since the Shali'ach must say 'it was written and signed in front of me', the husband will not be heeded if he denies having sent the Get. The relative should be believed.
Support #1 (for Abaye - Beraisa - R. Shimon ben Elazar): A Kal va'Chomer teaches that a woman is believed to bring her own Get:
The relatives who are not believed to say that Sarah's husband died, are believed to bring Sarah's Get. Sarah herself is believed to say that her husband died, all the more so she should be believed to bring her own Get!
Since the source for Sarah to bring her own Get is from a suspected relative, and the relative would have to say 'it was written and signed in front of me', Sarah herself must say this, too.
Support #2 (for Abaye - Rav Ashi - Mishnah): A woman can bring her own Get, as long as she says 'it was written and signed in front of me.'
This shows that the Mishnah discusses a Get from Chutz La'aretz.