2b----------------------------------------2b

1)

A GET WRITTEN LO LISHMAH [Gitin :Lo Lishmah]

(a)

Gemara

1.

Question: What is Rava's source that a Get written Stam is Pasul?

i.

Suggestion (Mishnah): If Reuven overheard a scribe reciting the text of a Get (while writing it), and the names corresponded to him and his wife, he cannot divorce his wife with it.

ii.

Rejection: Perhaps the case is as Rav Papa explained. The scribe was writing it to practice. He did not intend that it be used to divorce.

2.

Answer #1 (Mishnah): Moreover, if Reuven wrote a Get to divorce his wife Leah, and reconsidered, another Reuven in the city with a wife named Leah cannot use it.

3.

Rejection: There is different, for Reuven wrote it to divorce his own wife, and decided not to.

4.

Answer #2 (Mishnah): Moreover, if Reuven wrote a Get to divorce his older wife, he cannot use it to divorce his younger wife, even though she has the same name (even though Reuven wrote it to divorce, and he still wants to)!

5.

Rejection: There is different, for it was written for his older wife, and he decided not to use it for her.

6.

Answer #3 (Mishnah): Moreover, if Reuven told a scribe 'write a Get for my wife Leah. I will decide which of my wives Leah I will use it for', it is Pasul.

7.

Rejection: Perhaps it is Pasul because we do not rely on Breirah (to say that (retroactively) the Get was written for whomever Reuven later decides. Perhaps when it was written, he intended to divorce the other wife (and he later retracted, therefore it is Pasul)!

8.

Gitin 24b (Rav): If any of the Gitin in the Mishnah was given, she becomes forbidden to Kohanim, except for the first case.

9.

(Shmuel): Even if the first case, she is disqualified (from Kehunah).

10.

(Ze'iri and Rav Asi): Only the Get in the last clause disqualifies.

11.

(R. Yochanan): Even the last case does not disqualify her.

(b)

Rishonim

1.

Rif and Rosh (Gitin 12b and 3:1): The Halachah is, none of these Gitin disqualify, except for the last. Everyone disqualifies the last, except for R. Yochanan. He is an individual against a Rabim. The Halachah follows the Rabim. Similarly, the first does not disqualify, for only Shmuel says so. Rav and Shmuel disqualify the middle cases. They are a minority against R. Zeira, Rav Asi and R. Yochanan.

i.

Ran (DH v'Hilchesa): I say that the last not only disqualifies form Kehunah. If another man was Mekadesh her afterwards, we are concerned for Kidushin.We hold that Ein Breirah for Torah laws, i.e. we are stringent, but surely we do not say Ein Breirah to be lenient! Therefore, it is Safek divorce. Also the Rambam says so.

2.

Rambam (Hilchos Gerushin 3:1): Any Get that was not written for the man who divorces and the woman who is divorced is not a Get. If a scribe was writing a Get to teach or practice, and a man found that the names are those of him and his wife and their cities, and he took it and divorced with it, it is not a Get.

3.

Rambam (2): Moreover, if Reuven wrote a Get to divorce his wife Leah, and reconsidered, and another Reuven in the city with a wife named Leah took it from him and used it, it is not a Get, even though it was written to divorce.

4.

Rambam (3): Moreover, if Reuven has two wives with the same name, and he wrote a Get to divorce his older wife, and he reconsidered and used it to divorce his younger wife, it is not a Get. Even though it was written for Reuven, it was not written for this woman that he divorced with it.

5.

Rambam (4): Moreover, if Reuven told a scribe 'write, and I will divorce with it whichever I want', and the scribe wrote it with this intent', and he divorced one of them, it is Safek divorce.

i.

Rashi (Gitin 25a DH Chutz): R. Zeira is stringent to say Yesh Breirah. A Get that divorces her only from her husband (but does not permit her to anyone) disqualifies from Kehunah. It was written Lishmah. A Get not written Lishmah does not disqualify at all.

(c)

Poskim

1.

Shulchan Aruch (YD 131:1): The writing and signing of a Get must be l'Shem the man who divorces and the woman who is divorced. If it was not written Lishmah, it is not a Get. If a scribe was writing a Get to teach or practice, and a man found that the names are those of him and his wife and the names of their cities, and he took it and divorced with it, it is not a Get.

i.

Beis Shmuel (1): It is not a Get, i.e. it does not disqualify to Kehunah, and Kidushin of another man do not take effect on her. If everything was written Lishmah except for 'you are permitted to any man', one should be concerned for Kidushin, since this was not written in early Gitin, like Tosfos (26b) and the Beis Yosef (123) say. I said (126:27) that also 'a Sefer of cutting' is part of the Toref (that must be written Lishmah).

ii.

Pischei Teshuvah (1): Hagahos Yad Efrayim says that even if it was written for a Nochris, it is Pasul. Even though intent for something unrelated does not disqualify, this is no better than Stam, which is Pasul.

iii.

Chachmas Shlomo: It is clear in the Gemara and Poskim that the Get must be Lishmo (for the husband). What is the source from the Torah? We learn from "Lishmah" (for her)! It seems that Lishmo is only mid'Rabanan. They decreed Lishmo due to Lishmah. This would explain why the Tur said that a Get Lo Lishmo is Pasul, i.e. only mid'Rabanan. The Beis Yosef said that he means Batel. This is difficult. If so, why didn't he say Batel?! A Mishnah (24a) says that a Get Lo Lishmah is Pasul. Perhaps we decree that it is only Pasul (and disqualifies to a Kohen) due to Lo Lishmo. However, the Mishnah and Tur say that when he reconsidered to use it for a different wife, it is Batel. However, if the scribe must be the husband's Shali'ach to write the Get, if it is Lo Lishmo it is Batel.

2.

Shulchan Aruch (2): Moreover, if Reuven wrote a Get to divorce his wife Leah, and reconsidered, and another Reuven in the city with a wife named Leah took it from him and used it, it is not a Get.

3.

Shulchan Aruch (3): Moreover, if Reuven has two wives with the same name, and he wrote a Get to divorce his older wife, and he reconsidered and used it to divorce his younger wife, it is not a Get. Even though it was written for Reuven, it was not written for this woman that he divorced with it.

i.

Beis Shmuel (3): One can divorce the older wife with it, with witnesses who see it given. L'Chatchilah, the Get must be Kosher according to R. Meir, who holds that the signatures empower a Get, so it must Muchach Mitocho (the Get must uniquely specify) whom he divorces. If it was used, she may remarry. Sheiris Yosef (36) disagree. Some say that even R. Elazar requires that the Get be Muchach Mitocho.

ii.

Toras Gitin (cited in Rosh Pinah Shulchan Aruch): In the Bi'urim (2), I explain that it is considered Muchach Mitocho because she is holding it.

4.

Shulchan Aruch (4): Moreover, if Reuven told a scribe 'write, and I will divorce with it whichever I want', and the scribe wrote it with this intent', and he divorced one of them, it is Safek divorce. The same applies if he said 'write for the one who will walk out the door first. I will divorce her with it.'

i.

Gra (OC 413:1): The Poskim rule like R. Zeira, that the last Get disqualifies. We must say that this is because Yesh Breirah, for R. Yochanan disagrees since he holds that Ein Breirah. The Yam Shel Shlomo says that it is a Get only to disqualify from Kehunah, but if someone else was Mekadesh her, we are not concerned. This is wrong. The Gemara says that they argue about Breirah! Rather, we must say like Rashi, that we are stringent to say Yesh Breirah. However, in many places we say Ein Breirah to be lenient! According to Tosfos, we can say that here we are stringent to say Yesh Breirah because he stipulated.

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