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GITIN 28

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GITIN 28 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
 

12th CYCLE DEDICATION
GITIN 28 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., by his wife and daughters to honor his eleventh Yahrzeit. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.

SUMMARY

If a Shali'ach loses a Get and he finds it among his utensils the Get is Kosher even if he found it after a long time.
 
Rebbi Yehudah says in the name of Shmuel that if a Shali'ach loses a Get and only finds it after a person came by and spent time there the Get is not Kosher. (1)
 
If a Shali'ach brings a Get from someone who is old or ill he may give the Get under the assumption that the husband is still alive. (2)
 
If a Bas Yisrael is married to a Kohen and her husband traveled overseas she may continue eating Terumah under the assumption that he is still alive.
 
If someone sends a Chatas with a Shali'ach from Medinas ha'Yam it may be brought on the Mizbe'ach under the assumption that the owner is still alive.
 
If a Shali'ach brings a Get from someone who is a Goses or from someone who is already 80 years old we do not assume that the husband is still alive. (3)
 
If a Kohen gives a Get to his wife who is a Bas Yisrael and he says that it should go into effect a moment before he dies the wife must stop eating Terumah immediately.
 
If someone buys wine from a Kusi and he says two Lugin that I will separate is Terumah, ten Lugin is Ma'aser and nine Lugin is Ma'aser Sheni he may drink immediately according to R. Meir. (4)
 
Rava says that although we are not concerned with the possibility that someone died, according to some Tana'im we are concerned with the possibility that someone will die. (5)
 
A Korban brought by women and a Chatas ha'Of do not require Semichah.
 
A person living in a city that is under siege and a person in a boat that is in a storm at sea and a person who is being judged in a capital case are assumed to be alive.
 
A person living in a city that has been captured by the enemy and a person in a boat that has capsized at sea and a person who is being taken out to be killed is not assumed to be alive and it is regarded as a Safek. (6)
 
R. Yosef says only a person who was taken out to be killed by a Jewish court is regarded as a Safek, but if it is in a Nochriish court he is regarded as definitely dead. (7)
 
If two witnesses testify in Beis Din that a person was judged to be put to death in a different Beis Din he is put to death on the basis of the testimony.
 
If it is heard from a Beis Din of Yisrael that someone died his wife may remarry.
 
If it is heard from Nochriish executioners that someone died his wife may not remarry.
 
A Nochri is believed to testify in a coincidental fashion if it is something that they do not have an interest in.

A BIT MORE

1. R. Yitzchak Bar Shmuel says that if someone passed by even if he did not spend time there the Get is Pasul.
 
2. If he already reached the age of eighty or if he was mortally ill we may not assume that he is still alive.
 
3. However if the husband is already 100 years old he may give the Get under the assumption that he is still alive; since he already reached the age of 100 we assume that he will continue to live longer.
 
4. After he redeems the Ma'aser Sheni on money that he has in his house he may drink the wine. Rebbi Yehudah, Rebbi Yosi and R. Shimon argue and they hold that he may not drink the wine because of the concern that the wine flask will break before he has a chance to separate the Terumah and Ma'aser.
 
5. Rebbi Yehudah, Rebbi Yosi and R. Shimon who are concerned that the wine flask will break hold that we are also concerned that someone will die.
 
6. The stringencies of both a live and dead person apply and a Bas Yisrael married to a Kohen or a Bas Kohen married to a Yisrael may not eat Terumah.
 
7. Because a Jewish court sometimes finds merit even after the Gmar Din, while a Nochri court does not find merit once there is a Gmar Din.

BRIEF INSIGHT

PRAYER FOR A CHOLEH
 
The Likutei Maharil rules that a Mi Sheberach should not be said for an ill person who is in a different city because maybe he died or recovered and it is a Tefilas Shav. The Nachalas Shiva asks from our Mishnah that says if a Shali'ach brings a Get from someone who is ill he may give the Get under the assumption that he is still alive. The Chasam Sofer answers that although he is assumed to be alive he is not assumed to remain ill. People that are ill are constantly changing, sometimes they recover and sometimes they die. Therefore although we assume that he is alive it does not mean that he remained ill.

QUICK HALACHAH

ROV GOSESIM L'MISAH
 
If a Shali'ach brings a Get from someone who is old or ill he may give the Get under the assumption that he is still alive. However if he was mortally ill since most mortally ill people do not recover even if he gives it to her it is a Safek Get because a Get may not be given after death. Also, a city that is under siege and a boat that is in a storm at sea and a person who is being judged in a capital case are assumed to be alive. If the Get of one of these people is in the hands of a Shali'ach he may give his wife the Get and she will be b'Chezkas Megureshes. A person living in a city that has been captured by the enemy, or in a boat that has capsized at sea, or a person who is being taken out to be killed by Nochrim, or is being dragged by a wild animal, or was drowning in a river, or was trapped under rubble, the stringencies of both a live and dead person apply and if the Get of one of these people is in the hands of a Shali'ach he may not give his wife the Get and if he does give it to her she is Safek Megureshes. (Rambam Hilchos Gerushin 6:28, 29)

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