More Discussions for this daf
1. Corrections to Insights 2,3 2. The second Tosfos on Amud Beis
DAF DISCUSSIONS - GITIN 63

Rabbi Solomon Spiro writes:

There's some confusion here. Perhaps the last sentence in the first b) should read "According to Rashi, on the other hand,the problem is that the Shelichus of the first Shali'ach has been annulled, whereas according to the Mishna L'Melech the problem is that the second shaliach's mission has been negated ( better still, cancelled ).

And in the second b) the word "mat" is confusing. Perhaps it should be "may."

By the way, could you help me? A few weeks ago you mentioned the shitah of the Kadosh Me Radush quoted by the Mordecai. Could you retrieve it and send it to me?

Thanks

kol tuv

Rabbi S. Shapiro

The Kollel replies:

Thank you for the corrections! I've corrected it in the master copy, as you suggested.

I enclose the requested Insights regarding the Kadosh m'Radush.

Best wishes, Mordecai

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3) WHAT TASKS ARE TASKS OF "MILI"

QUESTION: The Gemara says that a Shali'ach who was sent to write and sign a Get cannot appoint someone else in his place to carry out his mission, because he is a Shali'ach for a mission of "Mili," words, and "Mili" cannot be transferred to another Shali'ach. The Gemara in the beginning of the second Perek of Kidushin derives from verses that a person who was appointed to be a Shali'ach to bring or to receive a Get may appoint another Shali'ach in his place. Why is the case of our Gemara considered "Mili" and not the case of delivering a Get?

ANSWERS:

(a) RASHI here says that appointing a Shali'ach to deliver a Get in not considered "Mili" because the Shali'ach physically receives the Get from the husband and therefore he can transfer the Get to a second Shali'ach. In contrast, a Shali'ach appointed to write or sign a Get does not have anything tangible in his hands to transfer to the second Shali'ach.

(b) The TOSFOS RID in Kidushin says that a Shali'ach appointed to deliver a Get is not a Shali'ach for "Mili" because he is holding the actual document of the husband that must be delivered directly to the wife. In contrast to Rashi's view, according to the Tosfos Rid's logic, it is not enough for the Shali'ach to be holding any object that was given to him by the sender. Rather, he must be holding the object that will be used to create the transaction for the sender. (According to Rashi, appointing a Shali'ach to deliver money for Kidushin is not considered "Mili," while but according to the Tosfos Rid, it is considered "Mili" since the Shali'ach does not have to give to the bride the actual money that he received from the man, for he can give other coins (of the same value) and the Kidushin will still take place.)

(c) The KADOSH M'RADUSH quoted by the MORDECHAI in Kidushin says that as long as the Shali'ach does not have the power to complete the transaction, his appointment is considered "Mili." According to his logic, only a Shali'ach to deliver a Get is not "Mili" since the Shali'ach can deliver the Get even without the wife's consent, but a Shali'ach for Kidushin, who needs the bride's consent in order to give her the money, and a Shali'ach to write a Get, who does not have the power to create the divorce but merely to write the document of divorce, are considered appointments of "Mili."

(d) The RASHBA in Kidushin says that the Gemara in Kidushin is referring to a case in which the wife told the Shali'ach to appoint another Shali'ach for her. Such a case is not "Mili" but rather it is a case of "Omer Imru" (see previous Insight), and therefore the Shelichus is valid. (According to Rashi and the Tosfos Rid, we must say that the Gemara in Kidushin which says that a Shali'ach can appoint another Shali'ach is referring only to a Shali'ach appointed to deliver a Get. A Shali'ach appointed to receive a Get may not appoint another Shali'ach, since receiving the Get is considered "Mili.") (See also MORDECHAI to our Gemara.)

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Rabbi Mordecai Kornfeld|kornfeld@dafyomi.co.il |Tel(IL):02 652-2633

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