Q&A: Declaration of Intent Document for a Get
Declaration of Intent Document for a Get
Question
Hello Rabbi Michi,
This is T., I hope you are well.
I have a question.
A few weeks ago a column was published in the “Shabbat” supplement of Makor Rishon, written by someone from Kolech named Nitzan Caspi Shiloni.
She spoke there about a new project of theirs called a “security document,” in which the husband signs that he wants to give his wife a get if he is ever in a state where he is not mentally competent to give it himself (for example, in a vegetative state). In the article, the author claims that from a halakhic standpoint it is easier to give a woman a get if it is known that the husband wanted this, and of course a document he signed constitutes a fairly clear declaration of intent. (She also wrote there that in the case of the “get from Safed,” the opponents argued that it would have been much easier to allow that same get granted on the husband’s behalf if it had been proven that the husband really wanted it.)
My question is: what is the actual halakhic validity of such a declaration of intent by the husband? Can it really help if needed, and how worthwhile is it to go sign such a document?
Thanks in advance and Sabbath peace.
Talia
Here is a link in case you didn’t see the article:
https://musaf-shabbat.com/2017/10/22/%D7%97%D7%99%D7%A1%D7%95%D7%9F-%D7%9E%D7%95%D7%A0%D7%A2-%D7%9C%D7%91%D7%A2%D7%99%D7%99%D7%AA-%D7%94%D7%A2%D7%92%D7%95%D7%A0%D7%95%D7%AA-%D7%A0%D7%99%D7%A6%D7%9F-%D7%9B%D7%A1%D7%A4/
Answer
Hello T. I’m glad to hear from you. How are your studies going?
As for your question, this could definitely be helpful.
Religious courts might also make use of it in severe cases of women being unable to receive a get, although they certainly would not like the idea of having every groom sign one.
By the way, the husband can also sign during the marriage, of course (since this is not a condition). So it is relevant for couples who are already married as well.
Goodbye, and much success.
Discussion on Answer
Definitely not. “They annulled it” means annulment of the marriage, and then no get is needed (except perhaps rabbinically. And then of course an expression of desire to give a get could help in giving that rabbinic get. But that is not significant).
As for canceling a get, I’m not sure what you mean. Maybe you meant annulment of the marriage? And again I’d say that here too no get is needed, except perhaps rabbinically, as above.
Thank you very much for the answer. Is the reason this helps connected to the topic of canceling a get and “they annulled it”?
(We’re currently learning the fourth chapter of tractate Gittin, and I saw a Rashba who asks why the Sages can’t also annul a marriage in the case of a woman whose husband is lost at sea in waters with no end in sight, and he answers that in the case of canceling a get they saw that the husband wanted to divorce, and that gives legitimacy to the intervention [a quasi-get]).
This year I’m studying in the beit midrash,
the learning is good and interesting, thanks.
Sabbath peace