MUST THE TOFES OF A GET BE WRITTEN LISHMAH? [Gitin :Tofes: Lishmah]
(Mishnah): One who writes Tofsei Gitim (the part that is the same for everyone) must leave blank the names and the date. This is an enactment.
(Rav Yehudah): He must also omit 'you are permitted to any man.'
Gitin 26a (the same Mishnah): One who writes Tofsim of loan and sale documents must leave blank the names of the lender, borrower, buyer and seller, the amount of the loan/price, the field and the date. This is an enactment.
R. Yehudah says, all of these are Pasul;
R. Elazar says, all are valid, except for Gitin, for it says "v'Chasav Lah (he will write for her)" - Lishmah (with intent of her).
(R. Yonason): It is an enactment to help scribes. The first Tana is R. Elazar, who says that "v'Chasav Lah" refers to writing the Get. We should decree to require even the Tofes to be written Lishmah (lest the Toref, what is particular to this Get, be written Lo Lishmah). Chachamim were lenient to help scribes.
R. Yehudah says that all are Pasul. He decrees that the Tofes be Lishmah, lest the Toref be Lo Lishmah, also for other documents, due to Gitin.
R. Elazar disqualifies only Gitin. He decrees that the Tofes must be written Lishmah, due to the Toref. He does not decree about other documents.
(R. Zeira citing Rav): The Halachah follows R. Elazar.
22b (Mishnah): Anyone can write a Get, even a Cheresh (deaf-mute), lunatic or minor.
Question: Why is it valid? They lack Da'as (understanding)!
Answer #1 (Rav Huna): The case is, an adult supervises them.
Answer #2 (Rav Nachman): The Mishnah is like R. Meir (who does not require a Get to be written Lishmah).
Answer #3 (Rav Yehudah): A deaf person, lunatic or minor may write the Tofes, but one with Da'as must write the Toref. The Mishnah is like R. Elazar.
Rif (Gitin 11a): Rav Huna said that an adult supervises the (Cheresh, lunatic or) minor. Rav Yehudah taught that the minor must leave over the Toref.
Ran (DH Amar): Rav Yehudah requires a healthy adult to write the Toref. It seems that he argues with Rav Huna. Rav Huna holds that supervision helps even for the Toref, but without it he may not write even the Tofes. Rav Yehudah permits the minor to write the Tofes even without supervision, and supervision does not help for the Toref. We cannot say that Rav Huna and Rav Yehudah rely on each other and require both supervision and leaving over the Toref. It does not seem that Rav Huna relied on what Rav Yehudah says later in the Sugya, or vice-versa. Also, if we do not decree about the Tofes due to the Toref, we should permit even without supervision. If we decree, supervision should not suffice, just like it does not suffice for the Toref! Rather, each said his own answer. They did not rely on each other.
Ran (DH ul'Inyan): Some rule like Rav Huna, and require supervision even for the Tofes. A Mishnah allows Tofsim Lo Lishmah, and R. Elazar disqualifies such Gitin. He decrees about the Tofes due to the Toref. Rav rules like R. Elazar. This is no proof. Regarding scribes, we decree one due to the other, for this is common. We do not decree about a Cheresh, lunatic or minor, for they rarely write Gitin. Even if we equate them, perhaps the Halachah is unlike R. Elazar, even though Rav rules like him. We rule like him for monetary documents, but for Gitin, we follow Rav Yehudah and Rav Huna who do not decree the Tofes due to the Toref. The Rambam holds that Rav Huna and Rav Yehudah rely on each other. I disagree. The Rif brings Rav Huna and Rav Yehudah. Perhaps he holds like the Rambam. Or, he holds that Rav Yehudah argues about how to establish the Mishnah, but he agrees that it is Kosher with supervision or if the minor left over the Toref. Even though one could say that Rav Yehudah argues in law, since it is possible to say that he does not, we do not make an argument between them
Rambam (Hilchos Gerushin 3:7): In order to help scribes, Chachamim permitted them to write Tofsei Gitin, and leave off the name of the man, woman, date, and 'you are permitted to any man', in order that he will write it l'Shem the man who divorces, and the woman he divorces.
Rambam (18): One may let a deaf person, lunatic or minor write the Tofes of a Get if an adult supervises. Chachamim permitted l'Chatchilah writing the Tofes Lo Lishmah to help scribes
Rosh (Gitin 3:2): Some say that R. Elazar decreed only l'Chatchilah not to write the Tofes Lo Lishmah, due to the Toref, but b'Di'eved, she may marry l'Chatchilah with such a Get, like we say about a Get that was written attached (21b). The Rambam disqualifies even b'Di'eved. It is rare to write attached, but Lo Lishmah is common. If we let scribes write the Tofes, amidst distraction they will come to write the Toref. Therefore, we disqualify even b'Di'eved. The Ramah says so. 'R. Elazar is Machshir, except for Gitin' connotes that he disqualifies Gitin. Similarly, R. Yehudah disqualifies all even b'Di'eved. I say that 'R. Elazar is Machshir, except for Gitin' means that he is Posel for Gitin what he is Machshir for other documents, i.e. l'Chatchilah. Also, R. Yehudah equates all documents. Surely he does not disqualify monetary documents b'Di'eved due to the Tofes. In any case it is good to divorce with another Get if the husband is here.
Ran (13a DH Hilkach): For Gitin, one may not write even the Tofes Lo Lishmah. This is why the Rif omitted that he must omit 'you are permitted to any man.' The first Tana, who permits the Tofes Lo Lishmah, said so. The Rambam holds that even though Rav rules like R. Elazar, we follow what Rav Yehudah citing Shmuel, and Rav Huna citing Ula, who explain the Mishnah (22b) to allow a Cheresh, lunatic or minor to write a Get, i.e. the Tofes. I say that one can distinguish between these.
Shulchan Aruch (EH 123:3): If a Cheresh, lunatic or minor write the Toref, it is not a Get.
Chelkas Mechokek (6): The Magid Mishneh and Beis Yosef say that some disagree, so she is Safek divorced.
Shulchan Aruch (ibid.): If he wrote the Tofes, and a healthy adult wrote Lishmah the Toref, i.e. the man, woman, date, and 'you are permitted to any man', it is Kosher.
Rema: Some say that even in this case it is Pasul mid'Rabanan.
Chelkas Mechokek (8): This opinion decrees the Tofes due to the Toref. We need Shlichus to write; supervision does not help for this.
Shulchan Aruch (4): One may let a deaf person, lunatic or minor write the Tofes l'Chatchilah, if an adult supervises.
Beis Yosef (DH ha'Perush): The Rambam says that the minor must omit the Toref, and also he needs supervision. Rav Huna and Rav Yehudah do not argue. Rav Huna requires supervision, i.e. to write the Tofes. This does not help for the Toref. Rav Yehudah is Machshir when he omits the Toref, and also he needs supervision. If not, even the Tofes is Pasul. The Rosh and R. Yerucham say that the Rif and Ramah agree. The Ran was unsure about the Rif's opinion. R. Yerucham says that this opinion is primary. The Ran says that perhaps the Rif holds that Rav Huna and Rav Yehudah argue about how to establish the Mishnah, but both agree that it is Kosher with supervision or if the minor left over the Toref. Ba'al ha'Itur leans to say that the Rif holds like this. Rashi holds that Rav Yehudah and Rav Huna argue. Rav Huna requires supervision even for the Toref. Rav Yehudah does not require supervision for the Tofes, and holds that it does not help for the Toref. The Magid Mishneh says that some rule like Rav Huna, and some like Rav Yehudah. Semag and Sefer ha'Terumah rule like Rav Huna. The Rashba says that Bahag wrote only Rav Huna's opinion. The Magid Mishneh says that they hold that supervision helps like for the Toref, and without supervision, it is Batel. If the Tofes was written without supervision.he was unsure if it is Kosher b'Di'eved. The Rashba says that it is Kosher b'Di'eved, but the Ramban (Sefer ha'Zechus) disqualifies. The Magid Mishneh says that those who rule like Rav Yehudah allow the Tofes l'Chatchilah without supervision, but if the Toref was written even with supervision, it is Batel.
Beis Yosef (131 DH Tzarich): The Rashba says that the Yerushalmi connotes that the Halachah follows R. Elazar. Some texts of the Rambam are like the Ran and R. Yerucham cite him, to permit Tofsei Gitin Lo Lishmah l'Chatchilah. The Tur says that he forbids, but if it was written he allows divorcing with it b'Di'eved. I did not see any such text. Some texts of the Tur cite this in the name of the Ramban. (This is difficult, for above the Tur said that the Ramban disqualifies b'Di'eved.) It seems that the Ran's text of the Rambam is correct. In Halachah 18, he says that they permitted l'Chatchilah writing the Tofes Lo Lishmah for the sake of scribes.
Beis Shmuel (131:2): The Mechaber did not teach whether a scribe may prepare Tofsei Gitin. The Rambam permits. Most Poskim disagree. One opinion is Machshir when a Cheresh, lunatic or minor wrote the Tofes. He could distinguish. There it is Kosher because it is rare, but it is common for a scribe to prepare Tofsim. Perhaps he will write the Toref (Lo Lishmah)! The Ramban and Ramah forbid remarrying with such a Get. The Rosh holds that if it was written, he may divorce with it. Bahag and the Rashba disqualify. They hold like the Ramban, but if she married she need not leave, like other Pesulim mid'Rabanan. The Tur says that she must leave. This is only according to the Ramban, who says so about Pesulim mid'Rabanan. The Rema (123:3) cited the Ri, who disqualifies if a minor wrote the Tofes. He would disqualify whenever the Tofes was Lo Lishmah.