BAVA BASRA 160 - A week of learning has been dedicated towards meriting a Refu'ah Sheleimah for Eliezer Lipa ben Yetta, by Mr. and Mrs. Kornfeld of Yerushalayim.

1)THE SOURCE FOR TIED GITIN

(a)(Mishnah): In a standard Get, the witnesses are on the inside (i.e. the same side as the text). In a tied Get, the witnesses are on the outside (i.e. the opposite side from the text).

(b)If witnesses signed on the outside of a standard Get, or on the inside of a tied Get, it is invalid.

(c)R. Chanina ben Gamliel says, if witnesses signed on the inside of a tied Get, it is valid, because it can be converted to a standard Get.

(d)R. Shimon ben Gamliel says, everything follows the local custom.

(e)A standard Get requires (at least) two witnesses. A tied Get requires (at least) three;

1.A standard Get with only one witness or a tied Get with only two witnesses is invalid.

(f)(Gemara) Question: What is the source of this?

(g)Answer #1 (R. Chanina): "Sados ba'Kesef Yiknu v'Chasuv ba'Sefer" refers to a standard Get;

160b----------------------------------------160b

1."V'Chasom" refers to a tied Get;

2."V'Ha'ed" refers to two witnesses (unless the Torah specifies otherwise). "Edim" teaches a third witness.

3.This teaches that a standard Get requires two witnesses, and a tied Get requires three.

4.Suggestion: Perhaps we should say vice-versa!

5.Rejection: Because a tied Get has extra knots (the Torah makes it harder to write, presumably) it requires more witnesses.

(h)Answer #2 (Rafram): "Va'Ekach Es Sefer ha'Miknah" refers to a standard Get;

1."Es ha'Chasum" refers to a tied Get;

2."V'Es ha'Galuy" is the text of a tied Get;

3."Ha'Mitzvah veha'Chukim" are the differences between standard and tied Gitin.

4.Question: What are the differences?

5.Answer: A standard Get requires two witnesses, and they sign on the inside. A tied Get requires three witnesses, and they sign on the outside.

6.Suggestion: Perhaps we should say vice-versa (about the number of witnesses)!

7.Rejection: Because a tied Get has extra knots, it requires more witnesses.

(i)Answer #3 (Rami bar Yechezkeil) Question: "A matter will be established based on two or three witnesses" - if two witnesses suffice, why does the Torah mention three?

1.Answer: This teaches that a standard Get requires two witnesses, a tied Get requires three.

2.Suggestion: Perhaps we should say vice-versa!

3.Rejection: Because a tied Get has extra knots, it requires more witnesses.

(j)Objection: Each of these three verses teaches something else!

1.(Beraisa): "Sados ba'Kesef Yiknu v'Chasuv ba'Sefer va'Chasom" teaches good counsel (to keep signed documents for proof);

2."Va'Ekach Es Sefer ha'Miknah" (does not teach anything. It) merely records what he did;

3."A matter will be established based on two or three witnesses" equates two witnesses to three witnesses regarding Hazamah (if we find that witnesses were not present where they claimed to see the testimony, they are disqualified and they suffer whatever they sought to obligate the defendant). R. Akiva and Chachamim argue about precisely what we learn from it.

(k)Answer #4: Chachamim enacted tied Gitin. The verses are mere Asmachtos.

(l)Question: Why did Chachamim enact them?

(m)Answer: There was a region of impetuous Kohanim. They were hasty to divorce (and could not remarry their wives);

1.Chachamim enacted tied Gitin. They take longer to write, and perhaps the husband will calm down in the meantime and not divorce his wife.

(n)Question: That explains tied Gitin of divorce. Why are there tied monetary Gitin?

(o)Answer: This is so there will not be differences between Gitin of divorce and money.

2)WHERE WE SIGN TIED GITIN

(a)Question: Where do the witnesses sign a tied Get?

(b)Answer #1 (Rav Huna): They sign in between the places where it is tied. (We are thinking that they sign on the inside, i.e. the same side as the text.)

(c)Answer #2 (R. Yirmeyah bar Aba): They sign opposite the text, corresponding to where the text is.

(d)Question (Rami bar Chama): How does Rav Huna explain the following episode?

1.A tied Get was brought in front of Rebbi. He remarked 'it has no date'!

2.R. Shimon b'Rebbi: Perhaps it is between the places where it is tied.

3.Rebbi untied it, and found that this was so.

4.Summation of question: According to Rav Huna, Rebbi should also have remarked that the Get has no witnesses!

(e)Answer (Rav Chisda): Rav Huna says that they sign in between the places where it is tied, on the outside.

(f)Question: (Since they do not sign under the text), we should be concerned lest the bearer of the document add (clauses to his advantage) to the text after they signed!

(g)Answer: The text says 'Sharir v'Kayam' (this indicates the end of the document).

(h)Question: Perhaps he will add to the text, and write another 'Sharir v'Kayam'!

(i)Answer: A document may say 'Sharir v'Kayam' only once.

(j)Question: Perhaps he will erase the first 'Sharir v'Kayam', add to the text, and write 'Sharir v'Kayam'!

(k)Answer: R. Yochanan taught that if words were written between the lines, and the document mentions them at the end, it is valid;

1.An erasure invalidates a Get, even if the document mentions it at the end.

2.An erasure invalidates a Get only if it is in a place fitting and large enough for it to say 'Sharir v'Kayam' (due to this concern)!

OTHER D.A.F. RESOURCES ON THIS DAF