Maseches Gittin, Chapter 6, Mishnah 7. In the previous mishnayos we dealt with cases in which the husband told others only to write the get: even though he did not explicitly instruct them to deliver it, under certain circumstances we assume that he wants them to deliver it as well. Ordinarily an explicit instruction to deliver is required, and only when the husband is under duress do we assume that he intended delivery as well even though he did not say so explicitly. In our mishnah we will discuss the opposite case: the husband instructed that the get be given, but did not explicitly say that they must write it. May they pass this instruction on to others, or must they write the get themselves?
The mishnah opens:
"Amar lishnayim 'tenu get le'ishti', o lishloshah 'kisvu get u'tenu le'ishti' - harei elu yichtevu ve'yitnu" - If he said to two people, "Give a get to my wife," or to three, "Write a get and give it to my wife," these very people must write it and give it. In both of these cases, the very people whom the husband addressed directly are the ones who write the get and the ones who give it.
Nevertheless, there is a difference between the two cases. When he says to two people, "Give a get to my wife," even though he did not instruct them to write the get, since he placed the delivery upon them, we assume that he placed the writing upon them as well, and they have no authority to instruct another person to do it, since an agent may not appoint another agent in his place.
The opinion of Rabbi Meir when he speaks to three:
"Im lishloshah - harei elu yomru la'acherim ve'yichtevu, mipnei she'asa'an beis din, divrei Rabbi Meir" - If he said it to three, they may tell others to write it, because he made them a beis din; these are the words of Rabbi Meir. When he said to three people only, "Give a get to my wife" - unlike the previous case, where he told them, "Write and give" - those three may tell others to write the get. The reason: since he turned to three, he made them a beis din, and therefore they have the authority to instruct another to write the get even though he did not explicitly instruct them about the writing.
However, if he said to three, "Write and give the get," then they themselves must write it, since he made clear explicitly that he wants them to do the writing.
We find, then, a distinction between two and three:
He said to two, "Give": they must write the get themselves and give it.
He said to three, "Give": they may instruct another to write it, because they became a beis din.
He said to three, "Write and give": they themselves are obligated in the writing, and they may not hand it over to another.
The halachah that Rabbi Chanina Ish Ono brought up:
The mishnah continues: "Ve'zu halachah he'elah Rabbi Chanina Ish Ono mi'beis ha'asurim" - And this is a halachah that Rabbi Chanina Ish Ono brought up from the prison. This halachah was brought up from the prison, and the understanding is that he received it there from Rabbi Akiva, who was imprisoned. And this is what he said: "Mekubal ani ba'omer lishloshah 'tenu get le'ishti', she'yomru la'acherim ve'yichtevu, mipnei she'na'asu etzlan beis din" - I have a tradition that if one says to three, "Give a get to my wife," they may tell others to write it, because they became a beis din for him. He has a tradition from Rabbi Akiva that when one says to three only, "Give a get to my wife," without instructing them to actually write the get, they may tell others to write it and need not write it themselves, because they became a beis din.
The opinion of Rabbi Yosi:
Against this tradition a dissenting opinion is brought: "Amar Rabbi Yosi: numinu la'shaliach - af anu mekubalin, she'afilu amar l'beis din ha'gadol she'b'Yerushalayim 'tenu get le'ishti', she'yilmedu ve'yichtevu ve'yitnu" - Rabbi Yosi said: We said to the messenger, we too have a tradition, that even if one said to the Great Beis Din in Yerushalayim, "Give a get to my wife," they must learn, write it, and give it. We said to the messenger, that is, to Rabbi Chanina Ish Ono, who transmitted the halachah from Rabbi Akiva, that we have the opposite tradition: even if he said to the Sanhedrin in Yerushalayim only, "Give a get to my wife," without instructing them to write, they must learn how a get is written if they do not know, and write the get themselves and give it. Unlike the view of Rabbi Meir, Rabbi Akiva and Rabbi Chanina, according to which a beis din may instruct another to write, Rabbi Yosi holds that even the Great Beis Din is obligated to do the writing itself.
He said to ten:
Now the mishnah discusses a case in which the husband addressed a large group: "Amar la'asarah 'kisvu get le'ishti' - echad kosev u'shnayim chosmin" - If he said to ten, "Write a get for my wife," one writes and two sign. They cannot all write the get, but they could all sign on it. In any event, since he did not say, "All of you write," but rather addressed a group of ten in a general manner, it is enough that one of them writes and two of them sign, since it was not his intention that all of them necessarily take part.
"'Kulchem kisvu' - echad kosev ve'chulan chosmin. Lefichach im meis echad mehen, harei ha'get batel" - If he said, "All of you write," one writes and all of them sign. Therefore, if one of them died, the get is void. When he said, "All of you write," he made clear that he wants all of them to take part. Therefore one writes the get and all of them sign on it, and if one of them died before the get was carried out, the get is void and invalid, because one of the men who were commanded is missing.
In summary: In this mishnah we learned the law of one who says "Give" without explicitly instructing about the writing: if he said it to two, they must write and give it themselves, since an agent does not appoint an agent; if he said it to three, they became a beis din and may tell others to write, as Rabbi Meir holds and as in the tradition that Rabbi Chanina Ish Ono brought up from the prison in the name of Rabbi Akiva, while Rabbi Yosi has a tradition that even the Great Beis Din in Yerushalayim must learn, write and give it themselves. We also learned the distinction between one who says to ten, "Write" - one writes and two sign - and one who says, "All of you write" - where all of them sign, and if one of them died the get is void.