Perek Get Pashut

1)

(a)Our Mishnah states 'Get Pashut Eidav mi'Tocho'. What is a 'Get Pashut'?

(b)What is a Get Mekushar? How is it written?

(c)How does our Mishnah distinguish between a Get Pashut and a Get Mekushar?

1)

(a)Our Mishnah states 'Get Pashut Eidav mi'Tocho'. A 'Get Pashut' is a plain Shtar (officially, every document is called a Get).

(b)In a Get Mekushar every second line is left blank, with the written line folded over the blank one, which is then stitched and knotted, and at the back of which, a witness signs.

(c)Our Mishnah distinguishes between a Get Pashut and a Get Mekushar inasmuch as the former is signed on the inside, the latter, on the outside.

2)

(a)What will be the Din if one confused the two, according to the Tana Kama, and signed the witness on the outside of a Get Pashut or on the inside of a Get Mekushar?

(b)On what grounds does Rebbi Chanina ben Gamliel validate the latter?

(c)Raban Shimon ben Gamliel is the easiest going of all. What does he say?

(d)What is the minimum number of witnesses who must sign on a ...

1. ... Get Pashut?

2. ... Get Kashur?

2)

(a)If one confused the two, according to the Tana Kama, and signed the witnesses on the outside of a Get Pashut or on the inside of a Get Mekushar both are Pasul.

(b)Rebbi Chanina ben Gamliel validates the latter because it is possible to cut the knots and turn it into a Get Pashut.

(c)According to Raban Shimon ben Gamliel one simply follows the local custom regarding Shtaros (as will be explained in the Sugya).

(d)The minimum number of witnesses who must sign on a ...

1. ... Get Pashut is two.

2. ... Get Kashur is three.

3)

(a)In the case of a Get Mekushar, a Get Kere'ach Mekushar is Pasul, too. What is a 'Get Kere'ach'?

(b)What is the 'Pashut she'bi'Mekushar' (which will be discussed shortly)?

3)

(a)In the case of a Get Mekushar, a 'Get Kere'ach' (one that contains more knots than witnesses) is Pasul, too.

(b)The 'Pashut she'bi'Mekushar' (which will be discussed shortly) is the Tofeis (the part of the Shtar that is prewritten by the Sofer), which is written in the form of a Get Pashut.

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

4)

(a)What does Rebbi Chanina learn from the double expression in the Pasuk in Yirmiyah ...

1. ... "Sados ba'Kesef Yiknu ve'Chasov ba'Sefer, ve'Chasom"?

2. ... "ve'Ha'ed Eidim"?

(b)What does Rafram learn from the Pasuk there ...

1. ... "va'Ekach es Seifer ha'Miknah es he'Chasum ... ve'es ha'Galuy"?

2. ... "ha'Mitzvah ve'ha'Chukim"?

(c)From which Pasuk in the Torah (in Shoftim) does Rami bar Yechezkel learn the two Shtaros?

(d)According to all three opinions, how do we know that it is a Get Mekushar that requires three witnesses and a Get Pashut, two, and not vice-versa?

4)

(a)Rebbi Chanina learns from the double expression in the Pasuk in Yirmiyah ...

1. ... "Sados ba'Kesef Yiknu ve'Chasov ba'Sefer, ve'Chasom" that there are two kinds of Shtar, "ve'Chasov ... " implies a Get Pashut, and "ve'Chasom", a Get Mekushar.

2. ... "ve'Ha'ed Eidim" that the former requires two witnesses ("ve'Ha'ed"), and the latter, three ("Eidim").

(b)Rafram learns from the Pasuk ...

1. ... "va'Ekach es Sefer ha'Miknah a Get Pashut, from "es he'Chasum ... a Shtar Mekushar, and from "ve'es ha'Galuy" the Pashut she'bi'Mekushar".

2. ... "ha'Mitzvah ve'ha'Chukim" that the two Shtaros have different Dinim.

(c)Rami bar Yechezkel learns the two Shtaros from the double Lashon in the Pasuk in Shoftim -"al-Pi Shenayim Eidim O al-Pi Sheloshah Eidim Yakum Davar".

(d)We know that it is a Get Mekushar that requires three witnesses and a Get Pashut, two, and not vice-versa because logically speaking, since the former has 'more' knots, one would expect it to have more signatures, too.

5)

(a)On what common ground do we query all three sources for the two kinds of Shtar?

(b)What do we learn from the Pasuk ...

1. ... "Sados ba'Kesef Yiknu ... " (see Rabeinu Gershom)?

2. ... "va'Ekach es Seifer ha'Miknah ... "?

3. ... "al-Pi Shenayim Eidim ... "?

5)

(a)We query all three sources for the two kinds of Shtar on the grounds that the Pesukim concerned are all needed for their own issues.

(b)The Pasuk ...

1. ... "Sados ba'Kesef Yiknu ... " came as a sound piece of advice on the part of Yirmiyah to document sales of land, and have them signed, in anticipation of the impending Galus Bavel, which might result in witnesses not being available to testify personally after their return from Galus (as we learned in a Beraisa).

2. ... "va'Ekach es Seifer ha'Miknah ... " that Yirmiyah followed his own advice.

3. ... "al-Pi Shenayim Eidim ... " to compare three witnesses to two, as explained by Rebbi Akiva and the Rabanan according to their respective opinions in Makos (see Rabeinu Gershom).

6)

(a)In that case, the Pesukim are an 'Asmachta' and Get Mekushar is a Takanas Chachamim. Why did they institute it?

(b)What did they expect to gain with this Takanah?

(c)Why did they extend the Takanah to cover all Shtaros, seeing as the reason is confined to Gitin?

6)

(a)In that case, the Pesukim are an 'Asmachta' and Get Mekushar is a Takanas Chachamim which Chazal instituted on account of Kohanim, who were known to be quick-tempered, and who would divorce their wives in a fit of temper. After the event, when it was too late (seeing that a Kohen is forbidden to marry a divorcee), they would regret what they had done (see Tosfos DH 'Tiknu').

(b)What they expected to gain with this Takanah was the fact a Get Mekushar takes a long time to write, and hopefully, in the interim, the Kohen would change his mind in good time.

(c)They extended the Takanah to cover all Shtaros, despite the fact that the reason is confined to Gitin in order not to differentiate between one Shtar and the other.

7)

(a)According to Rav Huna, the witness would sign on a Get Mekushar between one knot and the next (i.e. on the blank space). What does Rebbi Yirmiyah bar Aba say?

(b)How do we initially understand Rav Huna's statement?

(c)When a Get Mekushar was brought before Rebbi, and he expressed surprise that it did not contain a date, what did his son Rebbi Shimon suggest?

(d)What did Rebbi do to expose the date?

7)

(a)According to Rav Huna, the witness would sign on a Get Mekushar between one knot and the next (i.e. on the blank space), whereas according to Rebbi Yirmiyah bar Aba he would sign at the back of the writing.

(b)We initially understand Rav Huna's statement to mean on the blank space on the inside of the Shtar (see Tosfos DH 'le'Rav Huna').

(c)When a Get Mekushar was brought before Rebbi (who was unfamiliar with a Get Mekushar), and he expressed surprise that it did not contain a date, his son Rebbi Shimon suggested that perhaps it was absorbed in the space between the knots.

(d)To expose the date Rebbi cut the knots.

8)

(a)How does Rami bar Chama query Rav Huna from the previous episode with Rebbi?

(b)What did Rav Chisda reply?

8)

(a)Rami bar Chama queried Rav Huna from the previous episode with Rebbi on the grounds that if the signatures appeared on the inside of the Shtar, as we initially thought, why did he not express equal surprise that the Shtar contained no signatures?

(b)Rav Chisda replied that when Rav Huna said 'between the knots', he meant on the outside of the Shtar, where they were immediately visible.

9)

(a)What problem do we have with Rav Huna, bearing in mind that the witnesses signed at the back of the blank space, leaving the latter part of the Shtar unsigned?

(b)Why is this not a problem according to Rebbi Yirmiyah bar Aba?

(c)How do we answer the Kashya on Rav Huna?

(d)Why are we then not afraid that he will add a clause on to the end of the Shtar and conclude with a second Sharir ve'Kayam?

9)

(a)The problem with Rav Huna, bearing in mind that the witnesses signed at the back of the blank space, leaving the latter part of the Shtar unsigned is what is to stop the creditor from adding any clause that suits him on to the Shtar?

(b)This is not a problem according to Rebbi Yirmiyah bar Aba because, in his opinion, the witnesses signed at the back corresponding to the writing on the other side right down to where the writing terminated. Consequently, if anything was added to the Shtar after that, it would be noticeable and would be Pasul.

(c)We answer the Kashya by pointing out that wherever the Shtar ended, they would add the words 'Sharir ve'Kayam', and anything that was added after that was Pasul.

(d)We are not afraid that he will add a clause on to the end of the Shtar and conclude with a second Sharir ve'Kayam because only one 'Sharir ve'Kayam' is permitted per Shtar, and no more.

10)

(a)What are we still afraid of, even if one writes only Sharir ve'Kayam only once?

(b)We answer with a statement by Rebbi Yochanan. What does Rebbi Yochanan say about a Shtar that has a word or two that are ...

1. ... 'hanging' between the lines? Under which conditions is this Kosher?

2. ... erased?

10)

(a)Nevertheless, even if one writes only Sharir ve'Kayam only once, we are still afraid that he may erase 'Sharir ve'Kayam' and add in its place a clause of his choosing, before adding Sharir ve'Kayam at the end of the clause.

(b)We answer with a statement by Rebbi Yochanan, who says that if a Shtar that has a word or two that are ...

1. ... 'hanging' between the lines it is Kosher, provided that this is substantiated at the end of the Shtar.

2. ... erased he invalidates, even if it is substantiated at the end of the Shtar.

11)

(a)If some words on a Shtar are erased, what is the status of the Shtar up to the erased words (see Rashash)?

(b)Under which circumstances is the entire Shtar Kosher, even if one or two words have been erased?

11)

(a)If some words on a Shtar are erased the Shtar up to the erased words is Kosher (Rashash).

(b)Even the entire Shtar will be Kosher however, even if one or two words have been erased provided those words are not in a location where one would expect to find 'Sharir ve'Kayam', or even if they are, if the space is too small to have contained those two words.

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