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8.1.26

I would like to suggest that according to Abaye there is no need for a document of divorce to have a valid category of a document (even though the document needs to be written for her sake). Where in the Torah do we have any such thing as valid categories of documents? Where was we find the sages instituted certain provisions for documents, but those are not from the Torah. {In fact, the Rambam wrote that documents of loans are valid only from the words of the sages, not from the Torah.} What I mean is this. We know that the document of divorce needs to be written for her sake. Also, R. Elazar said witnesses that see the handing over of the document cause the divorce to be valid. But R Elazar says nothing about these witnesses needing to see it for her sake. Even R Meir (who said the witnesses on the document cause the divorce to be valid) says nothing about the witnesses needing to be for her sake. However, in Gitin page 86, the Mishna says if two documents of divorce were sent by two different people and got mixed up, the messengers give both to each woman. R Yirmia said this mishna is not like R Elazar and Rashi says the reason is the witnesses do not know for which woman the documents were written. For R Yirmia does hold a requirement of lishma in the giving if the documents. But Abaye said there is no need for the witness to know for which woman each document was written. They only need to see the giving of the documents. I might mention that even R Meir says nothing about the witnesses needing to be lishma. At any rate, I saw that Rav Shach and R Aaron Kotler bring up this idea about the documents needing to have the valid category of a document, but I not know why this is necessary to explain Abaye or R Yirmia. All R Yirmia said was the witnesses need to be lishma.---------------------------------I would like to suggest that according to אביי there is no need for a גט to have a valid category of a document, even though the גט needs to be written for her sake. Where in the תורה do we have any such thing as valid categories of documents? Where was we find the חכמים instituted certain provisions for documents, but those are not from the תורה. {In fact, the רמב''ם wrote that documents of loans are valid only from the words of the חכמים, not from the תורה.} What I mean is this. We know that the גט needs to be written for her sake. Also, ר’ אלעזר said witnesses that see the handing over of the גט cause the divorce to be valid. But ר' אלעזר says nothing about these witnesses needing to see it for her sake. Even ר' מאיר (who said the עדי חתימה כרתי) says nothing about the witnesses needing to be for her sake. However, in גיטין פ''ו ע''א, the משנה says if two documents of divorce were sent by two different people and got mixed up, the messengers give both to each woman. ר' ירמיה said this משנה is not like ר' אלעזר and רש''י says the reason is the witnesses do not know for which woman the documents were written. For ר' ירמיה does hold a requirement of לשמה in the giving if the documents. But אביי said there is no need for the witness to know for which woman each document was written. They only need to see the giving of the documents. I might mention that even ר' מאיר says nothing about the witnesses needing to be לשמה. At any rate, I saw that רב שך and ר' אהרון קטלר bring up this idea about the documents needing to have the valid category of a document, but I not know why this is necessary to explain אביי or ר' ירמיה. All ר' ירמיה said was the witnesses need to be לשמה.