1)A SHALI'ACH WHO CHANGED HIS MISSION (cont.)

(a)Rejection (Rav Ashi): We cannot infer this!

(b)Had Rav Nachman discussed when Leah asked Shimon to receive her Get, and Shimon told Reuven that he was asked to bring it, and Reuven said 'Heilach, like she said':

1.Had Rav Nachman said in this case that once Shimon takes it, she is divorced, we could deduce that he holds that Reuven relies on Leah's words;

2.Had Rav Nachman said that once Shimon gives it to her, she is divorced, we could deduce that he holds that Reuven relies on Shimon's words.

(c)However, Rav Nachman discussed when Shimon was asked to bring the Get, and he said he was asked to receive it. He did not accept to be a Shali'ach to bring it. This is why she is not divorced! (We cannot deduce on whom Reuven relied. The next three questions are against Rav Nachman.)

(d)Question #1 (Rav Huna bar Chiya - Mishnah): If Reuven told Shimon 'receive this Get for my wife' or 'take this Get for my wife', Reuven can retract;

1.(Inference): (Even when Reuven said 'receive',) had Reuven not retracted, the Get would be valid, even though a husband cannot make a Shali'ach to receive a Get!

2.We must say that once he seeks to divorce her, he wants to divorce her in any way possible. Here also (when he tells the Shali'ach, 'Heilach like she said'), we should say that that is his intention!

(e)Rejection: You cannot learn from the Mishnah. There, a man knows that he cannot make a Shali'ach to receive, so he intended to make Shimon a Shali'ach to give it;

1.Here, he was tricked (he thought that Shimon was a Shali'ach to receive)!

(f)Question #2 (Rava - Mishnah): If a minor said 'receive my Get for me', she is not divorced until it reaches her hand.

1.Her husband didn't explicitly authorize the Shali'ach to give the Get. We must say that once he seeks to divorce her, he wants to divorce her in any way possible!

2.The same applies when the Shali'ach lied to him!

(g)Rejection: No. Also there, a man knows that a minor cannot make a Shali'ach to receive a Get, therefore her husband intended to make him a Shali'ach to give it. In our case, the husband errs.

(h)Question #3 (Beraisa): If Leah asked Shimon to bring her Get, and he told Reuven that he was asked to receive it; or, if Leah asked Shimon to receive her Get, and he told Reuven that he was asked to bring it, and Reuven said 'take it and give it to her' or 'acquire for her' or 'receive for her', he can retract;

1.Once she gets the Get, she is divorced.

2.Suggestion: Reuven said 'receive for her' when Shimon said that he is a Shali'ach to receive it. Reuven said 'take it and give it to her' when Shimon said that he is a Shali'ach to bring it. (Rav Nachman would say that in the former case, even when she gets the Get, she is not divorced!)

(i)Answer: No, Reuven said 'receive for her' when Shimon said that he was told to bring it. Reuven said 'take it and give it to her', when Shimon said he was told to receive it.

(j)Question: If Reuven said 'receive for her' when Shimon said that he was told to bring it (and he was really told to receive it), she should be divorced immediately! Why does the Beraisa allow him to retract until it gets to her hand?

(k)Answer: We must say that the husband relies on what the Shali'ach tells him! (Why was Rav Ashi (b:1,2) unsure about this?)

(l)Rejection: In the Beraisa, he did not say 'Heilach, like she said.' In Rav Nachman's case, he said this. Perhaps he relies on what she said!

2)IS 'HEILACH' LIKE SAYING 'ZECHI'?

(a)(Beraisa): If Leah asked Shimon to receive her Get, and he told this to Reuven, and Reuven said 'take it and give it to her', 'Zechi (acquire) for her', or 'receive for her', he cannot retract;

(b)R. Nasan says, when he says 'take it and give it to her', he can retract. When he says 'Zechi', or 'receive for her', he cannot retract;

(c)Rebbi says, in all these cases he cannot retract. If he said 'I do not want you to receive for her. Rather, take it and give it to her', he can retract.

(d)Question: Rebbi is like the first Tana!

(e)Answer #1: Rebbi teaches about when Reuven says 'I do not want you to receive for her. Rather,...'

(f)Answer #2: The Seifa reveals that the first Tana is Rebbi.

(g)Question: Does R. Nasan hold that 'Heilach' is like 'Zechi'?

(h)Answer #1 (Mishnah): If Reuven told a Shali'ach 'receive this Get for my wife' or 'take this Get for my wife', Reuven can retract;

1.If Leah told a Shali'ach 'receive this Get for me' (and Reuven gave it to him), Reuven cannot retract.

63b----------------------------------------63b

2.Suggestion: Reuven said 'Heilach'. The Mishnah is like R. Nasan.

(i)Rejection: No, he said 'take it.' It is like Rebbi.

(j)Answer #2 (Mishnah): Therefore, if Reuven told Levi 'I don't want you to receive it for her. Rather, Holech (take it) and give it to her' (and he gave it to him), he can retract;

1.(Inference): This is only because Reuven said 'I don't want...' If not, he could not retract!

2.This teaches that saying 'Holech' is like saying 'receive'!

3.Suggestion: The text of the Mishnah says 'Heilach'; the Mishnah is like R. Nasan.

(k)Rejection: No, it says 'Holech.' It is like Rebbi.

(l)Answer #3 (Beraisa): If one said 'Holech this Get to my wife', he can retract. If he said 'Heilach this Get to my wife', he cannot retract.

1.R. Nasan is the Tana who says that he can retract when he says Holech. This shows that R. Nasan holds that he cannot retract when he says Heilach, for this is like saying 'Zechi'.

(m)(R. Aba citing Rav): If Leah asked Shimon to receive her Get, and he told this to Reuven, who said 'Holech and give it to her', (his intent is unclear, so) Shimon is a (Safek) Shali'ach of Reuven and of Leah. If Reuven died, she must do Chalitzah, but not Yibum (perhaps she was divorced immediately).

(n)Question: Here, Rav is unsure whether saying 'Holech' is like saying 'Zechi'. Elsewhere, he is sure that it is!

1.(Rav): If Reuven said 'Holech this money that I owe to Shimon', if the money does not reach Shimon, Reuven still owes the money. Reuven cannot tell the Shali'ach 'I retract. Return the money to me.'

(o)Answer: There also, Rav is unsure. When in doubt about monetary laws, we keep the status quo (Reuven cannot retract). Regarding Isurim (such as divorce), we are stringent.

3)CAN A SHALI'ACH GIVE THE GET TO A SHALI'ACH?

(a)(Rav): A woman cannot make a Shali'ach to receive her Get from her husband's Shali'ach.

(b)(R. Chanina): She can make a Shali'ach for this.

(c)Question: What is Rav's reason?

(d)Answer #1: This is a disgrace to the husband (that she does not take it herself). We assume that he did not authorize his Shali'ach to give the Get in such a manner.

(e)Answer #2: This is a decree due to when she acquires a field in which the Get was placed. (In that case, her husband did not give the Get to her. She took it, which is invalid.)

1.According to this, if she made her Shali'ach before the husband made his, there is no decree. According to Answer #1, the Get is Pasul also in this case.

(f)Reuven sent a Get to his wife; the Shali'ach found her kneading. She told the Shali'ach to receive the Get for her.

1.Rav Nachman: If the Halachah followed R. Chanina, I would rule that the Get is valid.

2.Rava: Why? The Shali'ach accepted another mission before finishing his first mission (which is Pasul)!

3.R. Ami agreed with Rava. R. Chiya bar Aba requested more time to think about this.

4.R. Chiya bar Aba: I am still in doubt. In doubtful rulings involving forbidden Bi'ah, (we are stringent. If the husband died in the meantime,) she does Chalitzah, and not Yibum.

(g)A case occurred, and R. Yitzchak bar Shmuel bar Marsa required a Get and Chalitzah.

(h)Question: How could both be needed? Get applies only if the husband is alive, and Chalitzah applies only if he is dead!

(i)Answer: He ruled that if he is alive, she needs a Get to remarry. If he is dead, she needs Chalitzah.

4)CAN WITNESSES WRITE ANOTHER GET?

(a)A Get was written for a woman called Nafasa; on the Get they wrote 'Tafasa'.

(b)Opinion #1 (R. Yitzchak bar Shmuel bar Marsa): The witnesses did their mission. (They were appointed to write only one Get. They cannot write another one without a new appointment.)

(c)Objection (Rabah): They were appointed to write a valid Get. They did not do this yet!

(d)Opinion #2 (Rabah): If they wrote a Get and it was lost, they cannot write another one without a new appointment.

(e)Objection (Rav Nachman): They were not appointed to write a Get and hold onto it. Their mission was to write and give a Get, they did not do this yet!

(f)Opinion #3 (Rav Nachman): They may write and give even 100 Gitin (until they give a valid Get).

(g)Question (Rava): If witnesses were asked to write a Get and gave it to the husband's Shali'ach, and the Shali'ach lost it, can the witnesses write another Get?

1.Perhaps they cannot for they already fulfilled their mission;

2.Or, perhaps their mission was to divorce his wife. He suggested giving it to his Shali'ach only to make their job easier!

(h)Question (Ravina): (If you will say that they fulfilled their mission,) if he said 'and take it to her', what is the law?

(i)This question is unresolved.

(j)(Mishnah): Reuven's wife told a Shali'ach 'receive my Get for me' (and Reuven gave it to him) - Reuven cannot retract.

(k)(Beraisa): Whether she said 'take', 'carry', or 'let it be my Get in your hands', she authorized the Shali'ach to receive it.

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