293
Get was ordained by Rabban Gamaliel as a matter of public policy, in order to facilitate the proof of legal documents (Git. iv. 3) Bills but after this ordinance it was still for a of Divorce long time maintained by theauthorities and Manu- that where there were no subscribing mission, witnesses, but the get had been properly delivered to the wife in the presence of witnesses, it was valid, and could be proved by the witnesses of the delivery (ib. ix. 4). Although the general rule required that the witnesses should be personally acquainted with the parties, yet in cases where the exigencies of the situation made it impossible to follow the usual formalities, a bill of divorce was permitted to be delivered to the wife, even though the witnesses did not personally to the
know
the parties (Git. 66a). If the witnesses did not sign their full names, or omitted the words " a witness," following their names, it was nevertheless presumed that they wrote their names with the intention of being witnesses to the document, and hence the attestation was deemed valid (ib. ix. 8). There was one exception to the general rule that two witnesses are sufficient to attest any instrument this was a curious form of a bill of divorce known as "the folded get." It was prepared in the following manner: line was written, the parchment was then folded and fastened, and a witness signed on the back of the fold then another line was written, and the parchment again folded and fastened, and this fold likewise attested by another witness and as there were not less than three folds, there could not'be less than three witnesses (B. B. x. 1, 2), because of the rule that the folded get must have as many witnesses as it has folds and if one fold was blank, the get was called " a bald get, " and was void This form, however, was no longer (Git. viii. 9, 10). used in Talmudic times. Such instruments are declared absolutely void by the later law (Hoshen Mishpat, 42, 1, gloss). Bibliography Frankel, Der Oeriehtliche Beweis, pp. 399 et seq.; Bloch, Die CiviLProeess-Ordnung, pp. 53 et seq.;
A
Klein, Das Qesetz ilber das GerkMlwhe Beweisverfalwen, of Divorce, pp. 171 et pp. 17 et seq. ; Amram, Jewish seq. See also the articles Divorce, Deeds, Documents,
Law
Evidence.
D.
j. bb.
ATTIA, ISAAC
B.
ISAIAH
W.
Talmudic
A. schol-
ATTORNEY A
fact were permitted to appear for their principals and conduct litigation, subject to certain restrictions. Attorney for Plaintiff: The Talmudic law on the subject is found in the treatise Baba Kamma (70a). According to this passage, an Attorney was authorized to represent his principal only for the purpose of receiving property from a bailee or trustee, when there was no dispute concerning its ownership. If
was a contest as to the title to the property, the Talmudic law did not authorize an Attorney to appear. At the law academy in Nehardea it was taught that an Attorney could appear only for the purpose of taking possession of real estate, but not to recover movable property. The Geonim, however, there
modified this Talmudic principle, and permitted attorneys to appear in contested cases also. Rabbi Hananeel of Kairwan, who lived during the eleventh century, reports that in his time it was lawful to appoint attorneys in all cases, whether the controversy was concerning movable or immovable property, and whether there was a contest or not 70ns, p^B^BDN) and this opinion was generally accepted in the later law (Shulhan 'Aruk, Hoshen Mishpat, 123, 1). The power of Attorney had to be in writing, and to contain the words " proceed, litigate, acquire, and possess for thyself and compel the adversary to give up what is due, " or words to that effect and if such words were not used, the defendant was not obliged to answer the Attorney, and could plead in bar of the Attorney's right (B. K. I.e.; Maimonides, "Yad," Sheluhin, iii. 1 H°shen Mishpat, 122, 4).
(Tosafot, B. K.
Good), on
different halakic subjects, divided into
two
and arranged in alphabetical order (5) " Tannia we-Shayar" (He Taught and Left Unexplained), and (6) " Pene ha-Mayim" (The Surface of the Water) two volumes of annotations on the Pentateuch. parts
Bibliography
Zedner, Cat. Hehr. Books Brit.
Mus.
p. 62
was at first thought that the relation of Attorney and client was like that of partners, and that the Attorney could retain one-half of what he collected but the final decision was that their Relation of relation is like that of principal and Attorney Agent, and that the Attorney was It
and
L.
G.
I-
Bb.
obliged to account to his principal for all that he had done or received (B. K. I.e.). The principal was obliged
Client.
pay all the expenses of the Attorney and to indemnify him for all outlays; and all powers of Attorney were customarily drawn with a provision to that effect (Hoshen Mishpat, 122, 6). Any person could act as Attorney for another. Even women and slaves could be empowered. The principal's own slaves, however, were to
Persons Qualified to Act.
not permitted to represent him (ib. 123, 13) and, subject to certain regulations, even non-Jews were authorized to act as attorneys for Jewish
claimants (ib. 14). Unless specially authorized to do so, the Attorney could not appoint another Attorney in his place and the principal could revoke the power of Attorney at
his will
Bihlititheca FriedlUnderiana, p. 126.
Leghorn, 1821-31: (1) "Eshet Hayil" (A Virtuous Woman), explaining Prov. xxxi. (2) " Wayikra Yizhak" (And Isaac Called), annotations on the Pentateuch, divided into three parts, the last two of which are entitled " Doresh Tob " (He Who Preaches Well) and " 'Ekeb 'Anawah " (For Modesty's Sake) " Mesharet Mosheh " (The Servant of Moses), con(3) taining novelise on Maimonides' Yad ha-Hazakah and its commentaries (4) " Rob Dagan " (Abundance of Corn), with an appendix, " Ot leTobah" (A Sign of
Attorney
legal representative, empowered to plead on behalf of the person represented. Attorneys at law are unknown in Jewish law. The examination and cross-examination of the witnesses were conducted by the judges and in criminal cases the law imposed upon the judges the duty of carefully guarding the prisoner's rights. Attorneys in
He lived in Aleppo in the nineteenth century. was the author of the following works, published in
ar
Attestation
THE JEWISH ENCYCLOPEDIA
(ib.
123, 4; 123,
3).
In case the principal appointed another Attorney,
