The Beraitha on 11a states that Rabi Akiva and Chachamim permitted gittin coming from (both types of) non-Jewish courts, but what about lishmah? The gemara does not ask this, but surely it must be a concern given that it was a concern that not even Jewish judges knew the laws(top of 2b)
Alex, London
That is an excellent point, Alex.
The Gemara tells us (10b) that the Mishnah follows the opinion of Rebbi Elazar, who does not require Lishmah in the signature of a Get. It seems that the Chachamim and Rebbi Akiva (and RSBG in the Beraisa) are of the same opinion.
Best regards,
M. Kornfeld
Kollel Iyun Hadaf
Thanks Rabbi for your speedy reply. But I meant the writing of the get needs to be lishmah min ha'torah according to the opinion of Rebbi Elazar. Why is this issue not addressed against Rebbi Shimon in the Mishnah, Chachaim, Rebbi Akiva and RSBG in the Beraitha, who all hold like Rebbi Elazar?
Could it be that they hold eidi mesirah kartei (like Rabbi Elazar), but the writing of the get needn't be lishmah (like Rebbe Meir)? Is this solution possible?
Many thanks Rabbi,
Alex
I don't think that's a viable combination. "Lah" has to refer either to the writing or the signing, and that's it.
However, the Get under discussion was presumably written by a Jewish scribe, as per all of the laws of Gitin. That is why Lishmah is not included in the discussion. The only problem we have with it is the signatures. When the Gemara says it "emerged" from non-Jewish courts, it means that the signatories were chosen from those courts.
Best regards,
Mordecai Kornfeld
Kollel Iyun Hadaf