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BAVA METZIA 18

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SUMMARY

If an Arusah dies her husband does not become an Onen and if he is a Kohen he may not become Tamei to her and he does not inherit her property.
 
If an Arus dies she is not an Onenes and she does not have a Mitzvah to become Tamei to him if he dies, but she receives her Kesuvah.
 
A woman who is holding a Get without a Kesuvah collects her Kesuvah.
 
When a woman collects her Kesuvah with her Get, the Beis Din rips it up and writes on it that we tore the Get so that she won't use it to collect again.
 
If a Get, Shichrur, Daitiki (will of a Shechiv Mera), gift document, or receipt is found it should not be returned because of the possibility that it was never given. (1)
 
If a Shali'ach loses a Get if he finds it immediately it is Kosher, but if it is only found after a while it is Pasul.
 
If in the place that the Get was lost passersby are infrequent, or if there is no else from that city with the same name the Get is Kosher even if the Shali'ach finds it after a long time.
 
A Ma'aseh Beis Din (a verified Shtar) that is found shall be returned. (3)
 
If a Get is found in the market and the husband admits that he had given it to her it shall be returned to her, but if not it shall not be returned at all.
 
According to one opinion R. Zeira holds that if a Get is lost in a place that there are frequent passersby it shall not be returned if it is not found immediately even if there is no other couple who shares the same name in the city that the Get was written. (4)
 
If the Shali'ach loses a Get and the witnesses on the Get testify that they did not sign on any other Get with the same name the Get is Kosher even if he finds it after a while.
 
If the Shali'ach loses a Get and he has a Siman on the Get that there is a hole next to one of the letters, the Get is Kosher even if he finds it after a while. (4)
 
It is a Safek to R. Ashi whether a Siman that is not a Siman Muvhak is regarded as a Siman Min ha'Torah. (5)

A BIT MORE

1. However if the husband instructs the finder to give the Get it shall be given even if it was found after a long time.
 
2. A Ma'aseh Beis Din is a Shtar that is affirmed by the Beis Din and therefore there is no concern that it had not been given.
 
3. Because we are concerned for another city with the same name.
 
4. A hole next to one of the letters is regarded as a Siman Muvhak (an absolute Siman).
 
5. If the Get has a hole in it but not next to one of the letters it is a regular Siman, not a Siman Muvhak.

BRIEF INSIGHT

MUCHACH MI'TOCHO
 
If a Shali'ach loses the Get in a place that passersby are infrequent, or if no else in the city where the Get was written share the same name the Get is Kosher even if the Shali'ach finds it after a while. Tosfos says that according to R. Meir who holds that witnesses must sign on a Get if there are two couples with the same names in the city where the Get was written the Get is Pasul even it doesn't get lost because it is not Muchach mi'Tocho (it is not apparent from the Get which woman is being divorced). Tosfos asks according to R. Huna who holds that even if there is only one person in the city who has that name we are concerned for the possibility of another city with same name, when is a Get Kosher according to R. Meir? There is no such thing as a Get which is Muchach mi'Tocho since there may be another couple who shares the same name. Tosfos answers that since we do not know of another city with the same name it is considered Muchach mi'Tocho, however if the Get is lost we are concerned for the possibility of another city with the same name even if we don't know of another city with that name.

QUICK HALACHAH

FREQUENT CARAVANS
 
If someone is a Shali'ach to bring a Get and it falls from him in a place where caravans are frequent, or even in a place where caravans are not frequent but in the place that the Get was written it was Muchzak that there are two people who share the same name and their wives also share the same name, if the Get was found immediately that they saw there were no passerby from the time it fell until it was found, or even if it was not found immediately but he has a Siman Muvhak or he has a Tevi'as Ayin on the Get or even if he doesn't have a Siman Muvhak or a Tevi'as Ayin but it was found in a utensil that it was placed in and he has a Siman Muvhak or Tevi'as Ayin on the utensil and he knows that he didn't lend the utensil to anyone, or he found it tied to a purse or a ring and these type of utensils are not usually lent out, or he found it in his house among his utensils the Get is Kosher and there is no concern that it fell from someone else. (Shulchan Aruch EH 132:4)

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