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GITIN 63

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SUMMARY

If a husband instructs a Shali'ach to Hiskabel or Holech a Get to his wife he may retract the Shelichus. (1)
 
If a Ketanah appoints a Shali'ach Kabalah it is not a Get until the Get reaches her hand. (2)
 
If a woman appoints a Shali'ach Kabalah and the husband tells the Shali'ach Holech v'Ten or Zechi v'Hiskabel, once the Get reaches her hand the Shelichus may no longer be retracted.
 
R. Nasan says that if he says Holech v'Ten he may retract the Shelichus. (3)
 
Rebbi says that if the husband tells the Shali'ach I don't want you to be a Shali'ach Kabalah and instead you shall bring her the Get he may retract until the Get reaches her hand. (4)
 
If the wife appoints a Shali'ach Kabalah once the Shali'ach receives the Get she may no longer retract.
 
R. Nasan holds that if the husband tells the Shali'ach Kabalah Heilach it is like Zechi and she is divorced as soon as the Shali'ach receives the Get.
 
Rav says if the wife appoints a Shali'ach Kabalah and the husband tells the Shali'ach Holech it is a Safek if it is the same as Zechi and if the husband dies without children she must do Chalitzah and she may not do Yibum.
 
Rav says if someone tells a Shali'ach Holech a Manah to Ploni that I am Chayav to him the sender is responsible for the money if it gets lost but he may not take the money back from the Shali'ach. (5)
 
It is a Machlokes if a woman may appoint a Shali'ach to receive the Get from the Shali'ach of the husband. (6)
 
If the husband appoints a Shali'ach to bring the Get and the woman appoints the same Shali'ach as her Shali'ach Kabalah it is a Safek if the Get is valid. (7)
 
If the husband appoints two witnesses to write and give a Get to his wife, if it gets lost before they give it to her they may write a new Get even if it occurs 100 times.
 
If the husband appoints two witnesses to write a Get and give it to his Shali'ach it is a Safek if they may write a new Get in the event that the Shali'ach loses the Get before he gives it to her. (8)
 
If the wife appoints a Shali'ach Kabalah two sets of witnesses are required one who testifies that she appointed the Shali'ach and the second set who testifies that the Shali'ach received the Get and tore it up.

A BIT MORE

1. However if he does not retract as soon as the Get reaches her hand she is divorced.
 
2. A Ketanah may not appoint a Shali'ach and therefore he is not her Shali'ach, instead he is the Shali'ach of the husband because the husband knows that a Ketanah cannot appoint a Shali'ach and he gave it him as a Shali'ach Holachah.
 
3. R. Nasan holds that Holech is not the same as Zechi and the husband does not want the Get to be valid until it reaches her hand.
 
4. Rebbi agrees with the Rabanan that Holech is the same as Zechi.
 
5. Rav is in doubt whether Holech is like Zechi and since it is a Safek Mamon he may not take it back because ha'Motzi m'Chaveiro Alav ha'Re'ayah.
 
6. One reason given for the opinion that a woman may not appoint a Shali'ach to receive the Get from the Shali'ach of the husband is because it is a disgrace to the husband that she does not want to receive the Get herself and a second reason that is given is because it may be confused with a case that the husband places the Get in the courtyard of a third party and then the wife subsequently buys the courtyard. In such a case the Get is not valid because it lacks a Nesinah from the husband since at the time the husband placed the Get in the courtyard it did not yet belong to the wife. The practical difference between these two reasons is if the wife appointed the Shali'ach first. The second reason does not apply n that case since it is not similar to the wife buying the courtyard after the Get was placed there.
 
7. According to the opinion that the wife may not appoint a Shali'ach to receive the Get from the Shali'ach of the husband it is certainly not a valid Get. The Safek is according to the opinion that the wife may appoint a Shali'ach to receive the get from the Shali'ach of the husband, even so maybe it is not a valid Get because the Shali'ach does not have a chance to return to the sender and notify him that he accomplished the Shelichus before he became the Shali'ach of the wife.
 
8. If the answer to this Safek is that they may not write another Get there is another Safek in a case that the husband instructed the witnesses to write a Get and give it to his Shali'ach and that he shall bring it to her. Maybe in this case that he added the words that he shall bring it to her the witnesses may write another Get if the Shali'ach loses the Get. The Safek is not resolved by the Gemara.

BRIEF INSIGHT

A LOST GET
 
If the husband appoints two witnesses to write and give a Get to his wife, if the witnesses lose the Get before they give it to her they may write a new Get even if it occurs 100 times. Tosfos says that if the witnesses wrote the Get but it is a Safek if it is was written properly, the witnesses may not write another Get because if the Get is Kosher they have already accomplished their Shelichus and they are no longer Sheluchim of the husband. Therefore it is a good idea to instruct the husband to tell the witnesses that they continue to be his Sheluchim until there no longer is a Safek.

QUICK HALACHAH

SHALI'ACH OF A KETANAH
 
If the wife appoints a Shali'ach in front of witnesses and she says Tol the Get for me and it shall be in your hands he is a Shali'ach Kabalah and it is the same as if she said Hiskabel the Get for me. The wife may appoint a Shali'ach Kabalah to receive the Get from the Shali'ach of the husband. A Ketanah may not appoint a Shali'ach Kabalah even though her courtyard is Koneh a Get just like the courtyard of a Gedolah. The reason is that a Shali'ach requires witnesses and one may not testify on a Katan since he is not a complete Bar Da'as. (Rambam Hilchos Gerushin 6:9)
 
The reason that the Rambam gives is not correct, instead the reason why one may not be a Shali'ach for a Ketanah is because she does not have the authority to appoint a Shali'ach. (R. Akiva'avad)

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