‘Get’ from husband with no father

11.03.19

Question

Question:
I am getting remarried after many years of being an Agunah. My Husband ran away from me and from Judaism. It took years to locate him in Los Angeles.  The Schlaich who contacted him was able to convince him to write a Get but he refused to tell him his father’s name. They wrote the Get on the paper from the Beit Din their they did write his father’s name. I want to get married but there are some people who are telling me that the Get was not good and I can’t get married. What is true?

 

Answer

Answer:
Since we are discussing a case of Agunah since it was given in front of Eidim and they knew the husband’s name from the Harshaah, it is good and don’t worry.

Explanation:
The Rishonim argue as to whether one must add not the name of the father of the husband is on the Get for extra identification.
The Ri”az (in Shiltei HaGiborim Gittin 17b) says,” If one wrote the family name of the father but not his name but his grandfather’s family name and it is Kosher.” The Michtav Me ’Eliyahu derives it from her that if you didn’t write his grandfather’s family name and not her fathers’ it is passul.
The Raavad (Hasagot on Rif Gittin 49a) writes, “when we say this, I kosher with his family name it is because we are trying to clarify his name and his father’s name in the Get so we can identify him. Fi eh doesn’t write his father’s but just the family name (like Meri ibn Zavdo) it is fine. “It seems that if he just leaves out the father’s name is passul. So ruled the Terumat HaDeshen brought down in the Bet Shmuel 129:17.
There are other Rishonim who say it kosher.

Rav Tzemach Gaon, “A Get really only needs his name and her name and nowhere do we find in all Hilchot Gittin the father’s names are to be mentioned in the Get. Even the decree of Rabban Gamliel mentioned in the Mishna only said to include all of his names and her names, not the Father’s. The Gemara in Gittin (80b) only said the Get is passul if they changed his name, but don’t mention his father.
The Ittur (Maamar Shmot Habaalim) “The Gemara (ibid) only say that if they changed his name or he name it is passul but don’t mention the father.
The Get Pashut (129:4) understand the Ittur meant we should not even put the name in.
T/he Rosh writes that ideally, we should put the father’s name but if no then it is Kosher.
So ruled the Shulchan Aruch like the Rosh that Bdiavad it is kosher.
It would seem then the it simple that this Get you had was definitely kosher. However, the Noda BeYehuda writes that there might be problems.
  1. There is a difference between a get which was given straight from the husband to the wife to one brought by a Shliach. Where the Get is given here and everyone is present and everyone knows who he is and who she is where they live then his and her name is sufficient becase we can identify them. A Get which was brought from afar that doesn’t say where the women is would be passul according to the Rosh without the father’s name. Also, maybe this Get was written no by the husband who has the same name as the husband since we are not concerned for such a happenstance where we know the is no other. We don’t have to worry but how do we know what is happening from afar.
  2. 2) We also require that the get is clear what is happening and it isn’t clear.

The first worry is not a concern because of the Harshaa that was written.
The Seocnd concern is not a concern since there are Eid Mesira who know what is going on, even it fi it is not clear from the Get, since it is situation of Igun, then we can rely on the Bet Shmuel who says the only eidim we need are Eide Mesira who know the names and everything on it  to Machshir the Get.

 

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