1)

What are the connnotatons of "KiYikach Ish Ishah"?

1.

Kidushin, 4b #1: The Pasuk means 'When a man aquires a woman' (with reference to Kidushin - Rashi in Sanhedrin, 53a) and the Lashon 'Kichah' implies with money - as the Torah writes in Chayei Sarah Bereishis, 23:13. "Nasati Kesef ha'Sadeh Kach mimeni". 1

2.

Kidushin, 4b #2: It teaches us that it is the man who must take the woman ('Harei At Mekudeshes Li') and that if the woman is the one who does the taking, ('Hareini Arusech') she is not betrothed. 2

3.

Kidushin, 6a: It implies that the man must take the woman to himelf - 'Harei At Mekudeshes Li', and not himself to the woman - 'Hareini Ishech, Ba'alech or Arusech, and that if he does, the Kidushin does not take effect. 3

4.

Kidushin, 9a: It teaches us that if the man betroths a girl with a Sh'tar he must write in the Sh'tar 'Harei Bitcha 4 Mekudeshes li'. 5

5.

Yevamos, 55b: See answer #1. We learn via a Gezeirah Shavah 'Kichah' 'Kichah' from Chayvei Kerisos (from Nidah) 6 - in Kedoshim. 20:21 that not only full intimacy, 7 but also Ha'ara'ah (intimacy without penetration) acquires a woman.


1

See Oznayim la'Torah, who, citing the Ha'amek Davar, explains the format of the Pasuk.

2

See Torah Temimah, note 3. The reason for this is because it is the way of the man to to look for the woman and not vice-versa. See Torah Temimah, citing Kidushin, 2b and note 9.

3

See Torah Temimah, note 5.

4

See Torah Temimah, note 5.

5

Kidushin, Ibid: Even though he is the acquirer, and in the case of a document of sale, it is the seller who writes the Sh'tar.

6

See Torah Temimah, note 1.

7

Refer to 24:1:1.4:1.

2)

What are the implications of the word "Ki Yikach Ish Ishah"?

1.

Rashi in Kesuvos, 73b: It implies that a Katan 1 is not eligible to be Mekadesh a woman (and from the Lashon "ki Yikach" we learn that if the man declares 'Harei At Lekuchasi', the Kidushin is valid - Kidushin, 6a).

2.

Kidushin, 2b: The Torah writes "Ki Yikach Ish Ishah" ? and not 'ki Silakach Ishah le'Ish' ? because it is the way of a man to search for a wife and not the other way round. 2


1

See Torah Temimah, note 7.

2

Since woman was created from man. See Torah Temimah, note 9.

3)

What are the implications of the word "Ki Yikach Ish Ishah?

1.

Kidushin, 7a: It implies that he must betroth the whole woman and that if he declares "Harei Chetzyech Mekudeshes li', the Kidushin does not take effect. 1


1

See Torah Temimah, note 10.

4)

Why does the Torah add the (otherwise superfluous) word "u'Be'alah"?

1.

Kidushin, 4b: To teach us that a man can aquire a woman with Bi'ah. 1


1

Refer also to 22:22:0:2:1 and Torah Temimah here, note 11.

5)

What are the connotations of the words "Ki Matza bah Ervas Davar"?

1.

Gitin, 90a #1 (according to Beis Shamai): We learn from here that a man should not divorce his wife unless he found her guilty of adultery (via two witnesses). 1

2.

Gitin, 90a #2 (acording to Beis Hillel): We learn from the word "Ervas Davar" that he may divorce her even if she merely burnt his food - deliberately. 2

3.

Gitin, 90b: It teaches us that if a woman goes out with her hair ucovered, who spins yarn in the market (thereby uncovering her arms), who has slits in the sides of her dress and who bathes in the same location as men, it is a Mitzvah to divorce her. 3


1

Who declare her to be a Sotah. See also Torah Temimah, note 13.

2

Torah Temimah, note 12, who elaborates. See also Torah Temimah, citing 90a, that Bedi'eved, Beis Shmai and Bis Hillel agree with R. Akiva.

3

See Oznayim la'Torah DH 'Vehayah'.

6)

Seeing as the Torah will write "Ki Matza bah Ervas Davar", why does it insert the phrase "Vehayah Im Lo Matz'ah Chein be'Einav"?

1.

Gitin, 90a (according to R. Akiva): We learn from here that he is permitted to divorce his wife even if he finds a woman who is more beautiful than her. 1


1

See Torah Temimah, note 12, who elaborates. It is not clear however, as to why the Torah inserts it accoreding to Beis Shamai amd Beis HIllel.

7)

Why does the Torah write both "Vehayah Im Lo Simtza Chein be'Einav" and "Ki Matza vah Ervas Davar"?

1.

Rashi: To teach us that, if his wife is guilty of adultery, it is a Mitzvah to divorce her, and she should not find favor in his eyes. 1


1

See Sifsei Chachamim and refer to 24:1:1:1:1.

8)

Why does the Torah write both "Vehayah Im Lo Simtza Chein be'Einav" and "? ki Matza vah Ervas Davar"?

1.

Rashi: To teach us that, if his wife is guilty of adultery, it is a Mitzvah to divorce her, and she should not find favor in his eyes. 1

2.

Gitin, 90b: To tach us that, if a woman leaves the house with her hair uncovered, spins in the market-place with arms uncovered or bathes in a location where men can see her, it is a Mitzvah min ha'Torah to divorce here. 2


1

See Sifsei Chachamim and refer to 24:1:1.5:1.

2

See Torah Temimah, note 15.

9)

Wha are the implications of "Vekasav lah"?

1.

Gitin, 21a: It precludes divorcing one's wife with money. 1

2.

Gitin, 21b: It implies 2 that a man can only divorce his wife by means of a Sh'tar (that is written by him, and not by somebody else ? Gitin, 24b) 3 and not with money. 4

3.

Bava Basra, 168a: It implies that it is the husband who must pay the Sofer 5 who writes the Get.

4.

Yerushalmi Gitin, 2:3: It precludes engraving a Get, and dripping or pouring the ink. 6

5.

Sifri: "Vekasav" S'tam, implies that a Get is Kasher even if it is written with other fluids besides ink - such as ointment, red paint, resin or vitriol (a black dye). 7


1

Gitin, ibid.: Despite the Hekesh of Havayah to Yetzi'ah (Kidushin to Gerushin and vice-versa).

2

See Torah Temimah, note 17. Refer also to 24:1:4:4.

3

See Torah Temimah, note 18.

4

See answer #1, note 1.

5

See Torah Temimah, note 18.

6

See Torah Temimah, note 21, who elaborates.

7

See Torah Temimah, note 21, who elaborates.

10)

What if the wife pays the Sofer to write the Get?

1.

Gitin, 20a: In spite of the Lashon "Vekasav lah", the Get is Kasher., because the Chachamim were Makneh the money to her husband 1


1

See Torah Temimah, note 16. In fact nowadays, it is customary for the wife to pay the Sofer. See Torah Temimah, note 19 and on the word 'Venasan", citing Gitin, 20a, and note 35.

11)

Why does the Torah add the word "Vekasav lah"?

1.

Gitin, 20a: In order to extrapolate "lah" - 'Lishemah' 1 - that the Get must be written specifically with the intention of divorcing his wife 2 (and that it cannot be used to divorce his wife and somebody else's - Gitin, 87a). 3

2.

Gitin, 23a #2 (according to R. Meir) 4 : The witnesses must sign the Get Lish'mah - specifically with the intention of divorcing the man's wife.

3.

Chagigah 4a: We learn, via a Gezeirah Shavah "Vekasav lah" "Chufshah Lo Nitan lah" -Vayikra 19:20 - that an Eved Cana'ani is obligated to perform Mitzvos like a woman - thereby exempting him from Mitzvas Asei that are time-bound.

4.

Gitin, 24b: It renders Pasul a Get that was written for Reuven's wife from being used to divorce the wife of Shimon. 5

5.

Gitin 39b: We learn via a Gezeirah Shavah "Vekasav lah" "Chufshah Lo Nitan lah" - Vayikra 19:20) - that a woman is divorced with a document, like an Eved Cana'ani is set free with a document. 6

6.

Gitin, 87a: It implies "lah", 've'Lo lah u'le'Chavertah' - that the Get must be written for his wife exclusively, and not for her and her friend (who has the same name). 7


1

See Torah Temimah, note 22, who elaborates.

2

Hadar Zekenim (23:8): How do we learn this? The Gematriyah of "lah Sefer" is three hundred and seventy-five - like that of 'Lishemah', in which case,even though "lah" implies 'for her', it could mean that the Get must mention her name ? PF). See Torah Temimah, note 22.

3

See Torah Temimah, note 23.

4

Refer to 24:1:151:1*.

5

See Torah Temimah, note 18.

6

See Torah Temimah, citing Gitin, Ibid. and note 17.

7

See Torah Temimah, note 23, who elaborates

12)

What is the definition of "Seifer"?

1.

Rashi in Eruvin, 15b: A scroll of parchment. 1


1

Sotah, 16a: In spite of which a Get that iss written on anything is Kasher ? because the Halachah overrides the Pasuk. See Torah Temimah, note 25.

13)

What are the implications of "Sefer Kerisus"?

1.

Gitin, 20b: "Seifer" implies one Seifer (piece of parchment) and not two or three Sefarim. Consequently, if he writes it on two or three pieces of parchment, it is Pasul. 1

2.

Gitin, 21b #1: "Kerisos" implies that the Get must separate them completely. 2 Consequently if it contains a stipulation that she is never permitted to go to her father's house or to drink wine, (or if he says ' You are permitted to marry anybody except for P'loni' - Gitin, 82b) it is invalid.

3.

Gitin, 21b #2 (according to R. Yossi ha'Gelili): Even though "Vekasav" permits items that are not a Seifer, the word "Seifer" disqualifies animals and food (as well as on whatever is attached - Yerushalmi Gitin, 2:3) 3 - on which the Get may not be written. 4

4.

Gitin, 21b #3 (according to the Rabbanan): Since the Torah could have written 'Seifer Kareis' and it wrote "Seifer Kerisus', "Kareis" teaches us a. that a Seifer (a Sh'tar) divorces her and nothing else 5 (such as Kesef - via a Hekesh to Kidushin 6 [or Chalitzah - via a Kal va'Chomer from a Yevamah, 7 and Kerisus, b. Sefiras Devarim - that the Get must explicitly state that it severs the bond between them - Chasam Sofer).

5.

Gitin, 24b #1: It implies that a Get that was not written for the sake of divorce - where, for example, the student-Sofer wrote it to learn Safrus - is Pasul. 8

6.

Gitin 24b #2: It implies that if the Get is not written for the sake of severing relations with his wife it is not valid. 9

7.

Gitin, 78a: It implies that if he throws his wife the Get and she is holding it, as long as he is still holding on to the string and is able to pull it out of her hands, she is not divorced. 10

8.

Gitin, 82b: It implies that if a man divorce his wife and declares the she is permitted to marry anyone except P'loni, she is not divorced.

9.

Kidushin, 13b #1: It implies that the Get severs the bond between husband and wife - that she acquires herself and is permitted to remarry. 11

10.

Kidushin, 13b #2: It implies that a woman acquires herself (to get permit her to get married) by means of a Get. 12

11.

Sotah, 66a: This is one of the locations where the Halachah (le'Mosheh mi'Sinai) overrides the Pasuk- Even thoug the Torah writes "Seifer", the Get may be written on anything 13 (including leaves of a nut-tree, an olive-tree and a carob-tree - Sifri). 14

12.

Sifri: "Seifer" teaches us that, if the Get is written on something else, it must be something that remains intact (for at least a short while). 15

13.

Divrei Eliyahu: One writes three expressions of severence in a Get ? 'Seifer Tiruchin', 'Igeres Shevukin' and 'Get Piturin', corresponding to severing the Kidushin, his obligation to feed her, 16 and her obligation to [work for] him. "Seifer Kerisus" hints at the first, "Veshilchah mi'Beiso", at the second and "Veyatz'ah mi'Beiso Vehaysah le'Ish Acher", at the third.


1

See Torah Temimah, note 23.

2

See Torah Temimah, citing Gitin, ibid. and note 31.

3

See Torah Temimah, note 26.

4

See answer #1.

5

Refer to 24:1:151:5*.

6

Refer also to 24:1:1.8:1.

7

See Torah Temimah, citing Kidushin, 14b and note 30.

8

See Torah Temimah, note 32.

9

See Torah Temimah, note 32.

10

See Torah Temimah, note 33. See also Torah Temimah citing Yerushalmi Gitin, 9:1, which learns it fro"Venasan be'Yadah" - 'she'Yehei Kulo be'Yado'.

11

SeE Torah Temimah, note 34.

12

See Torah Temimah, note 29, who elaborates.

13

See answer #3.

14

See answer #9 and Torah Temimah, note 28.

15

Refer to 24:1:5:5 and note.

16

See Oznayim la'Torah DH 'Vekasav lah' and DH 'Seifer'.

14)

With what kind of fluid must a Get be written?

1.

Sifri: Normally, with ink. However, since the Torah writes "Vekasav" S'tam, the Get is Kasher even if it is written with other fluids - such as ointment, red paint, resin or vitriol (a black dye). 1


1

See Torah Temimah, note 21, who elaborates.

15)

What are the implications of "ve'Nasan be'Yadah"?

1.

Gitin, 78a: It implies that the man must give the Get to his wife, and that, if she picks it up from the floor she is not divorced. 1

2.

Gitin, 21b: The Get is Kasher even if he writes it on the horn of a cow and hands her the cow - but not if he needs to cut off the horn before handing it to her, since the Torah writes "ve'Kasav ... ve'Nasan", without having to perform another act in between. 2

3.

Gitin, 20a: If he hands her he Get, it is Kasher even if it is written on an olive-leaf (which is not worth a P'rutah) or on something that is Asur be'Hana'ah 3 - since there is nothing in the Pasuk to suggest that the Get needs to have an intrinsic value.

4.

Yevamos: 113b: It implies that a Shotah (who is incapable of looking after a Get) 4 is not subject to divorce - since she does not have a Yad to accept a Get. 5


1

See Torah Temimah, note 38.

2

See Torah Temimah, note 37.

3

See Torah Temimah, note 36.

4

See Torah Temimah, note 39.

5

R. Yishmael there learns it from the words "ve'Shilchah mi'Beiso" - to preclude a Shotah who after she has been sent away

16)

Why does the Torah write "Venasan be'Yadah" - and not "Venasan 'lah'?

1.

Sifri: To teach us that it suffices to place the Get in her domain (provided it is guarded) 1 - such as on her roof 2 or in her courtyard or enclosure (or because "be'Yado" means, not 'in her hand', but 'in her domain' 3 - Yerushalmi Gitin, 8:1).


1

Sifri: Just like her hand is in her domain. See also Torah Temimah, citing Gitin, 77a, which learns this from the word "Venasan" - See note 40.

2

If he throws the Get on to her roof, the moment it enters the air-space of the roof she is divorced - See Torah Temimah, citing Yerushalmi Gitin, 8:3 and note 45.

3

As in Chukas Bamidbar, 21:26 "Vayikach es Kol Artzo mi'Yado".

17)

What are the implications of the (otherwise superfluous) words "Ve'shilchah mi'Beiso" See Torah Temimah, note 50?

1.

Yevamos, 41a: It teaches us that a Chareshes - who returns after being sent away, is not subject to divorce. 1

2.

Kidushin, 6a #1: It implies that the man must divorce his wife from him and not himself from her. Consequently, if he hands her the Get and declares 'Eini Ishech', 'Eini Ba'alech' or 'Eini Arusech', she is not divorced. 2

3.

Kidushin, 6a #2: "Ve'shilach" teaches us that he husband can appoint a Shali'ach to divorce his wife, "Veshilchah", that she can appoint a Shali'ach to receive the Get, and "Veshilchah" in Pasuk 3 teaches us that his Shali'ach can appoint a Shali'ach to give the Get to his wife. 3

4.

Sifri: It implies that when giving his wife the Get, he must declare 'Harei Zeh Gitech!' Consequently, if he throws her the Get and declares 'Here is yout Sh'tar Chov!' - or she finds it behind her& - and reads it and discovers that it is a Get, she is not divorced. 4


1

See Torah Temimah, note 46 and refer to 24:1:6:2 and Torah Temimah, note 39.

2

See Torah Temimah, note 51 as to why the Sifri discusses two cases.

3

Refer also to 24:1:6.1:1.

4

Despite the fact that he can divorce her against her will.

18)

What are the implications of "ve'Nasan be'Yadah"?

1.

Gitin, 79a: It "implies that if a man instructs his wife to take her Get from the ground, she is not divorced until he gives it to her.

2.

Yerushalmi Gitin, 9:11: The fact that the Torah repeats " ve'Nasan be'Yadah in Pasuk 3 teaches us that if the man hands the Get to his wife's Shali'ach, or if his Shali'ach hands it to her or to her Shali'ach, she is divorced. 1


1

See Torah Temimah, note 44. See also Torah Temimah, citing Kidushin, 41a, which learns from "ve'Shilach" ve'Shilchah" - since the Torah did not write 've'Girshah', and since it repeated "ve'Shilchah" in Pasuk 3 - See note 47 & 48.

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