REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
If someone gives a Get to his wife and he says today you are not my wife and tomorrow you are my wife she is divorced forever.
The crucial words in a Shtar Shichrur are 'you are free' or 'you are to yourself'.
There are three Gitin Pesulim, but if she remarries her child will be Kosher; Ksav Yado (handwriting of the husband) without witnesses, a Get that lacks a date, or if there is only one witness. (1)
Rebbi Elazar says that even if witnesses do not sign on the Get, but it is given to her in front of witnesses the Get is Kosher and it can be used to collect from Meshu'abadim. (2)
Although l'Chatchilah a Get Yashan should not be used (when there is Yichud between the writing and giving of the Get) if it is used she may remarry l'Chatchilah.
If a woman is divorced with a Get Karach (a Get Mekushar that is lacking a signature) if she remarries with this Get she must leave her husband and her child is a Mamzer according to Rebbi Meir. (3)
If a woman is divorced with a Get that lacks the year of the current Malchus, if she remarries with this Get she must leave her husband and the child is a Mamzer according to Rebbi Meir.
If a Shali'ach brings a Get and he fails to say B'Fanai Nichtav, if she remarries with this Get she must leave her husband and the child is a Mamzer according to Rebbi Meir.
The Chachamim hold that the child is not a Mamzer and in order to allow her to remarry with this Get it shall be taken back and given again and he shall say B'Fanai Nichtav.
Rav holds that a Get with a Ksav Sofer and only one witness is Pasul and if she remarries with the Get her child is a Mamzer.
Shmuel holds that a Get with a Ksav Sofer and only one witness is Kosher l'Chatchilah if the Sofer is an expert.
Shmuel holds that our Mishnah which states if a Get has one witness it is Pasul is referring to a case of a Ksav Sofer who is not an expert together with one witness. (4)
Rav says that if a woman remarried with of the three Gitin of our Mishnah if she already had children she may stay with her husband but if not she must go out. (5)
If one of the fifteen Arayos had a Safek Kidushin or Gerushin the Tzarah must do Chalitzah but not Yibum. (6)
A Safek Kidushin is when the Get was thrown to her and it is a Safek if it was closer to him or to her and a Safek Gerushin is one of the three Gitin of our Mishnah. (7)
If a bird drinks from the water of the Parah Adumah it is Pasul, with the exception of a dove and a small Karatzis.
The Halachah is like Rebbi Elazar that a Get is Kosher with only Eidei Mesirah and witnesses are only required to sign because of a Tikun ha'Olam.
It is a Machlokes if the Halachah is like Rebbi Elazar with regard to Shtaros.
If two people with the same names send Gitin to their wives and they get mixed up, both Gitin shall be given to each wife, if one of the Gitin is lost the other is void (8)
If five people divorce their wives with the same Get, if it written with a Klal and the witnesses are signed on the bottom it is Kosher and it shall be given to each one of the wives.
If there is a separate Tofes (form) for each one only the bottom one that the witnesses signed on is a Kosher Get.
A BIT MORE
1. According to one opinion this Mishnah is in accordance with Rebbi Meir who holds that signatures are required, however the Ksav Yad of the husband is as good as witnesses. According to the opinion that the Mishnah is not in accordance with Rebbi Meir the Tana of our Mishnah is also not Rebbi Eliezer who holds that Eidei Mesirah our required, instead our Tana holds no witnesses at all are required as long as the husband wrote the Get in his handwriting.
2. According to Rebbi Elazar witnesses are only required to sign on a Get because of a Tikun ha'Olam that we are concerned that the witnesses will die or will travel overseas.
3. The Chachamim hold that that her child is not a Mamzer. Rebbi Meir agrees with the Chachamim that in the three cases of our Mishnah the child is not a Mamzer.
4. Rav holds that the case of our Mishnah is Ksav Yado and one witness. Even though the child is not a Mamzer in a case Ksav Yado even without a witness, the Mishnah is teaching us even if there is one witness the Get is Pasul.
5. If she has children she doesn't have to go out because we don't want to be Motzi La'az on the children. However Levi and Rebbi Yochanan both say that even if she doesn't have children she may stay with her husband.
6. If one of the wives of the deceased brother is an Ervah to the Yavam all of the Tzaros may remarry without Chalitzah. If the Ervah had a Safek Kidushin or Gerushin it is a Safek if the Mitzvah of Yibum applies to the Tzarah and therefore mi'Safek she must do Chalitzah, but she may not do Yibum.
7. Mid'Oraisa the three Gitin of our Mishnah are Kosher so therefore Min ha'Torah the Tzarah may do Yibum.
8. Rebbi Yirmiyah says that this is not in accordance with the opinion of Rebbi Elazar who holds Eidei Mesirah Karti and since the witnesses do not know which woman is being divorced with each particular Get it is not a Nesinah Lishmah, however Abaye argues and he says that Rebbi Elazar only requires Kesivah Lishmah not Nesinah Lishmah.
|
BRIEF INSIGHT
NESINAH LISHMAH
If two people with the same names send Gitin to their wives and they get mixed up, both Gitin shall be given to each wife. Rebbi Yirmiyah says that this is not in accordance with the opinion of Rebbi Elazar who holds Eidei Mesirah Karti and since the witnesses do not know which woman is being divorced with each particular Get it is not a Nesinah Lishmah How does Rebbi Yirmiyah know that Rebbi Elazar require Nesinah Lishmah? The Ramban explains that when the Pasuk states v'Kasav Lah which implies that it must be Lishmah it is referring to the principle Kerisus which is the Nesinah of the Get according to Rebbi Elazar. According to Rebbi Meir the principle Kerisus is the signatures of the Get and therefore the Get must be signed Lishmah.
QUICK HALACHAH
EIDEI MESIRAH KARTI
It is a Takanas Chachamim that witnesses must sign on a Get because of the concern that the Get will be given in front of witnesses and they will die and it will turn out that the Get in her hands is a worthless piece of dirt because it lacks witnesses, therefore the Chachamim decreed that the Get shall be signed. Even though the Get is signed it shall be given to the wife in front of witnesses, whether they are the same witnesses that signed or other witnesses, because the Ikar Gerushin is with Eidei Mesirah. (Rambam Hilchos Gerushin 1:15)
|
Next Daf
Index to Revach for Maseches Gitin
|
