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GITIN 9

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SUMMARY Rebbi Shimon says that if a Shtar states that all of one's property shall be given to his servant except for a particular Karka the servant goes free unless he writes that he is excluding one in ten thousand of his property. (1)   If a Shechiv Mera writes in a Shtar that all of his property shall be given to his servant, if the Shechiv Mera recovers he may retract the gift of property but not the Shichrur of the servant. (2)   Rebbi Meir holds that someone who writes in a Shtar that all of his property shall be given to his servant except for a particular Karka the servant does not go free. (3)   If a Shali'ach brings a Get from Medinas ha'Yam and is unable to say B'Fanai Nichtav the signatures should be authenticated by witnesses. (4)   Everyone is Kosher to be a Shali'ach to bring a Get except for a Cheresh, Shoteh and Katan.   If a Get is brought in Eretz Yisrael and one witness says that it is Pasul we do not believe him, but if the husband says that it is Pasul the signatures must be verified.   If two witnesses say that it is Pasul even if the signatures are authenticated it is a Safek if the Get is Kosher. (5)   The obligation for a Shali'ach to say B'Fanai Nichtav applies both to Gitin and Shichrur Avadim.   If one of the witnesses on a Shtar is a Kusi it is Pasul, with the exception of a Get or a Shtar Shichrur.   Any Shtar that is written by a Nochri court is valid even if signed by Nochrim with the exception of a Get and a Shtar Shichrur. (6)   Rebbi Meir says that if someone gives a Get or Shtar Shichrur to a Shali'ach in order to give it to his wife or servant he may retract. (7)   If witnesses do not know how to read we read the Shtar in front of them and then they may sign.   If witnesses do not know how to sign we scratch out their names on the Get and they fill the scratches with ink. (8)   If someone appoints a Shali'ach to give a Get to his wife or a Shichrur to his servant and he subsequently dies it shall not be given after his death.   If he says to give a Manah to Ploni and he dies the money shall be given after his death. (9)   If a Shechiv Mera instructs that a Shtar should be written and a Manah shall be given to Ploni and then he dies it should not be given after his death. (10) A BIT MORE 1. Because maybe the one in ten thousand that he is excluding is the servant and he only values the servant as one in ten thousand of his property.   2. When a Shechiv Mera gives away all of his property he may retract the gift if he recovers from his illness. However he may not retract the Shichrur of the servant because he already has a name of a free man.   3. Since he is excluding some of his property we assume that he is excluding also the servant and it is not a Krus Get.   4. The Shali'ach gave the Get and before he had a chance to say B'Fanai Nichtav he became a mute and was unable to say B'Fanai Nichtav.   5. The two witnesses who say that it is Pasul are contradicted by the two witnesses on the Get and therefore it is two against two and it is a Safek.   6. A Shtar is Kosher because Dina d'Malchusa Dina, however a Get and Shtar Shichrur is Pasul because Nochrim are not Bnei Kerisus.   7. Rebbi Meir holds that both a Get and a Shtar Shichrur are a Chov for the wife or servant and a person cannot make a Shali'ach for someone else for something that is a Chov. Therefore until the Shali'ach actually gives the Get or Shichrur to the wife or servant it does not yet go into effect. The Chachamim agree with Rebbi Meir that a Get is a Chov, however they hold that a Shichrur is a Zechus for the servant and therefore as soon as the Shali'ach receives the Shichrur the servant is freed because Zachin l'Adam she'Lo b'Fanav and thus he is a Shali'ach of the servant.   8. Rebbi Shimon Ben Gamliel says that this applies only to Gitin because of the concern that maybe we will not find any other witnesses and the husband may go overseas leaving his wife an Agunah, however it does not apply to a Shtar Shichrur or any other Shetaros.   9. The Chachamim decreed that the words of a Shechiv Mera are as if they were already written and given over so that the Shechiv Mera will not become despondent that his words will not be carried out and his death may be hastened as a result.   10. Because maybe the Shechiv Mera did not want to be Makneh the Manah to Ploni without a Shtar and a Shtar cannot be Makneh after death.

BRIEF INSIGHT A DELAYED B'FANAI NICHTAV   If a Get is brought in Eretz Yisrael and one witness says that it is Pasul we do not believe him, but if the husband says that it is Pasul the signatures must be authenticated. If after the husband claims that the Get is Pasul the Shali'ach says B'Fanai Nichtav it is too late and he is no longer believed. Even though the Shali'ach may say B'Fanai Nichtav even after he gives the Get, if he takes it back and gives it again, however that is only if the husband has not yet made a claim. Once the husband makes a claim that the Get is Pasul the Shali'ach may no longer say B'Fanai Nichtav. (Tosfos Rid) QUICK HALACHAH A GET IN ERETZ YISRAEL   If a Shali'ach brings a Get from one place to another in Eretz Yisrael, even though he did not see the writing of the Get and he does not know who the witnesses are, if the husband gave the Shali'ach the Get and told him to give it to his wife, he may give it to her in front of witnesses and she may get remarried on the basis of the Get. If the husband comes and claims that the Get is forged the signatures must be authenticated. If they cannot be authenticated the wife must separate from her new husband and any child that was born is a Mamzer. (Rambam Hilchos Gerushin 7:1,2)

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