The famous get delivered at Cleves

If He’s Healthy, He must Produce Evidence that he was Moribund

The famous get delivered at Cleves
Not many divorce cases have earned a special name or deserved to be assiduously detailed in halachic literature. One outstanding case, though, was that of Yitzchak Neierburg and Leah Guntzheusen of Germany, who were divorced very soon after their marriage about 200 years ago, on 8 Elul 5526. The couple wed in Mannheim but the bill of divorce was delivered in Cleves and has been since known as “the Cleve get.”

A divorce enacted at the Dutch border
Immediately after the wedding, the young husband became very introverted and sometimes murmured incomprehensible statements. One the Shabbos of the sheva berachos week, he took the dowry of 94 gold karolen and absconded to a neighboring village and, when discovered, explained that he had to desecrate the Shabbos and flee because “all his limbs trembled and a deathly fear had befallen him.” For some reason, the bride’s family did not yet demand a get. After the next Shabbos, Neierburg was in Bonn where he summoned his wife’s relative, Rabbi Shimon Copenhagen, and told him he was in great danger and had to leave the country immediately. There was no beis din in Bonn, so the wife’s family continued to Cleves, on the Dutch border, as Neierburg intended to flee to England via Holland. HaGaon Rav Yisrael Lifschitz, the rabbi of Cleves and the grandfather of the author of Tiferes Yisrael on the Mishnah, arranged the divorce once the husband insisted that he would be condemned to death unless he fled to England. The couple’s financial matters were then settled and Leah returned home.

The dispute that engulfed the halachic community
On hearing the news, Neierburg’s father became incensed, especially about the financial settlement which he deemed unfavorable to his son. He appealed to the rabbis of Mannheim and Frankfurt-am-Main to disqualify the get, claiming his son was insane and therefore halachically unable to divorce. The rabbis of Frankfurt and Mannheim soon issued a long and elaborately explained decision disqualifying the get and consequently defining Leah as still married. Her family appealed to other leading rabbinical authorities and the stormy discussion echoed throughout the halachic community to the point where every prominent expert voiced his opinion. The replies of some poskim were even publicized, including those of HaGaon Rav Yechezkel Landa, author of Noda’ BiYehudah; HaGaon Rav Aryeh Leib of Metz, the Shaagas Aryeh; HaGaon Rav David, av beis din of Dessau, known for his Korban Ha’Eidah; Rabbi Shlomo Chelma, famous for his Mirkeves HaMishneh on Rambam; Rabbi Elchanan Ashkenazi (Sidrei Tohorah); Rabbi Yitzchak HaLevi of Hamburg; HaGaon Rav Yaakov Emdin; and Rabbi Shaul of Amsterdam.

Why the Frankfurt community was hard put to hire a rav
So many rabbis expressed their opinions that several years later, when the Frankfurt congregation was seeking to appoint a new chief rabbi, the leaders of the community were only willing to consider one who did not disagree with his predecessors and they only found three candidates. The Frankfurt rabbis were the sole ones to still insist that Neierburg had been insane, whereas all the others allowed Leah to remarry. We shall now devote some study to the thought-provoking reply of the author of Shaagas Aryeh, publicized in Responsa Or HaYashar and at the end of his major work (Shaagas Aryeh, addition to #2).

In our sugya Rabbi Nassan states that one who had been moribund but recuperated may renege on the gifts that he distributed on his deathbed, as he was then sure that he was in his last moments and would have no further need for his property. What, though, is the halachah if we are unsure of the state of the person’s health when he distributed the gifts? The Gemora says that we must examine his condition right now. If he’s healthy now, we should assume he was so then but if he’s presently infirm, we assume he was the same then unless one of the sides proves otherwise.

Back to the get at Cleves, then, it had to be ascertained if Neierburg was sane or insane when he gave Leah her get, and, according to our sugya, we should consider his current condition. The Shaagas Aryeh wrote that he detained Neierburg at Metz for three days on his way to London and found him sane, and consequently, in his opinion, the get was valid. (The Shaagas Aryeh included many ideas, profound pilpul and halachic principles that we cannot fully explain here due both to lack of space and their profundity; we have touched on only one of his ideas, related to our sugya, without citing all his supportive proof leading to his final decision). Some record that Neierburg returned to Germany and remarried Leah but others deny the fact.

HALACHOS FROM THE DAF

Is He Alive?
In what type of scenarios do we remain with the assumption that a missing person is still alive? Which circumstance must occur before we assume that a missing person may have died?

The Shulchan Aruch (Even Ha’ezer 141:69) distinguishes between various settings. In cases where the city was;
a) surrounded by an army from the nearby government;
b) a ship floundering at sea;
c) a person that is on his way to be tried in a case where convicted carries the death penalty;
In all these cases, the person in question is considered to have remained alive.

Conversely, in cases where;
a) the city was captured;
b) surrounded by an invading army;
c) a ship that is lost at sea;
d) a convict that is on his way to be executed by non-Jews;
e) when a person was dragged away by a wild animal;
f) a river swept him away;
g) a house collapsed on him;
In all these instances, we cannot safely assume that he assuredly remained alive; therefore we give him the status of both a living and dead person.

This would have strict implications:
a) His wife cannot remarry - for he might be alive.
b) Even if a get was given to an agent to give to his wife, he may not do so - for he might be dead (since one cannot divorce his wife after he is dead). If the agent did give her the get, she would have the status as a safek migureshes.
c) If the missing person is a Kohen, his wife cannot eat terumah - for he might be dead.
d) If the missing person is a Yisroel, but his wife is a daughter of a Kohen, she cannot eat terumah - for he might be alive.

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Paying for Humiliation

Rav Abba bar Mammal inquired (Bava Kamma 86) : What would be the halachah if someone insulted someone while he (the victim) was sleeping, and then he died (without ever realizing that he was insulted)?

Rav Zevid explains the inquiry as follows: Does the assailant pay for embarrassment because the victim is insulted, and since in this case, he died before waking and was never insulted, no payment should is required, or is the payment perhaps on account of the public degradation, and since here there was degradation, he should be liable?

The Gemora cites a braisa: Rebbe says that a deaf-mute is subject to be paid for embarrassment. A deranged person is not subject to be paid for embarrassment. Regarding a minor, it depends.

Rav Pappa explains: If the minor is old enough that if he is reminded of some insult, he feels embarrassed, he will be paid for embarrassment. However, if when reminded, he still is not embarrassed, he is not subject to be paid for embarrassment.

It is noteworthy that the Gemora in Rosh Hashanah discusses a case where someone at times is normal and at times, he is deranged. It is some sort of bipolar disorder where he cycles on and off from “normal” to “abnormal.” Reb Avi Lebovitz wonders what the halachah would be If one embarrassed this person when he was deranged, but later he becomes normal and is embarrassed about what happened, would the assailant be responsible? Do we say that since at the time that the act was done he was deranged, the assailant is exempt, or do we say that since the obligation for paying embarrassment is for the feeling of humiliation, the assailant should be liable?

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DEFINING A SHOTAH - Yevamos 113 - Daf Yomi

Generally the understanding of a "shoteh" in the entire Torah as one who is exempt from mitzvos is classified by the Gemora in Chagiga 3b as someone who may have a high IQ but does crazy things.

Reb Moshe (Even Haezer 1:120) has an elaborate and controversial teshuva explaining that if he does one of the crazy acts mentioned, we assume he is a shoteh until proven otherwise, but if we can prove otherwise, then he is no longer considered a shoteh (but he points out that the Rambam implies that we consider him a shoteh even if he is crazy in only one thing and nothing else, he is still exempt from mitzvos- but R' Moshe then issues a novel ruling that regarding giving a get, so long as he understands the issues, it is valid).

A man who has shoteh status cannot divorce his wife since he needs to be mentally competent, but a woman can be divorced against her will and therefore the Gemora says she can receive a get Biblically. However, the Torah requires that in order to receive a 'get', she must: 1. Be able to watch her get, which means to distinguish between the get and something else (Gittin 64b). 2. She must have enough understanding about the concept of divorce that she does not return to her husband’s house. The Gemora concludes that even one who is a shoteh for everything else, can have enough da'as to distinguish between a get and something else, and realize that she must not return. But, since people will take advantage of her and act immorally with her, Chazal do not allow him to divorce her.

Tosafos and Rashi argue about a girl who is unable to distinguish between her get and something else, and will also continue to return after the divorce, whether the father can receive the get for her. Tosafos seems to understand that the father preventing her from returning qualifies, implying that it is a practical consideration that she must be someone who will not return, rather than being an issue of da'as. Rashi seems to understand that the father preventing her from returning isn't sufficient since it is a da'as requirement and she is still missing the da'as. It is interesting to note that according to Tosafos, a woman who is sometimes a shoteh and sometimes healthy, can receive a get at a time where she has enough intellect not to return, even though she is likely to once again become a shoteh and return to her husbands house (v'dok).

Reb Moshe (Y.D. 4:29 and Even Haezer 1:164) makes a very important distinction between a shoteh and someone with a very low IQ, implying that many mentally retarded people do not halachically qualify as a shoteh. I think his approach is very meduyak in the Gemora and Rashi on the bottom of 113a that a low level intellect which thinks clearly and straight (rather than 'krum' qualifies as sufficient da'as). (Reb Avi Lebovitz; Hearos al HaDaf

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INVERTING HERSELF AFTER RELATIONS WITH HER DERANGED HUSBAND - Yevamos 69 - Daf Yomi

Rabbah bar Rav Huna states: We are only concerned for pregnancy in cases of cohabitation during marriage; however, in cases that involve promiscuity, we are not concerned for pregnancy (because women who engage in illicit relations invert themselves after cohabitation in order to avoid becoming pregnant).

Tosfos writes: A Kohen’s daughter who is married to a deranged man is permitted to eat terumah. Although she assumes that her marriage is valid, she is concerned that she will not be able to tolerate him, and eventually will leave him. She therefore inverts herself after relations with her husband in order that she will not conceive and bear his children.

The Noda B’Yehudah (II Y”D:202) brings a question from Reb Zaruch Eidelwitz from Prague: The Tur (Y”D 331) rules that a Kohen’s daughter who is married to a deranged man is disqualified from eating terumah. How can that be if the kiddushin does not take effect even Rabbnically?

The Noda B’Yehudah’s son answers: The Tur disagrees with Tosfos, and maintains that a woman who is married to a deranged man is under the impression that her marriage is valid, and therefore she does not invert herself after relations. The Tur rules that she is disqualified from eating terumah because we are concerned that she might be pregnant.

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