GITIN 21 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[21a - 29 lines; 21b - 43 lines]

1a)[line 2]ערב היוצא לאחר חיתום שטרותAREV HA'YOTZEI L'ACHAR CHISUM SHETAROS- a guarantor [whose signature] follows the signatures [of the witnesses] on a document [detailing a loan, proving that he became a guarantor following the completion of the loan]

b)[line 3]גובה מנכסים בני חוריןGOVEH MI'NACHASIM BNEI CHORIN- [the lender] may collect from land that had not been sold [belonging to the guarantor]. Since the witnesses did not know about the guarantor, people were not aware that they should be careful not to buy land from him. There would be no lien even upon available land, however, unless the guarantor owned the document and then gave it to the lender ("Sefer ha'Miknah"). It is therefore apparent that the lender must have given the document to the guarantor with full intention that it belong to him, and only then receive it back.

2)[line 4]גבראGAVRA- a man

3a)[line 5]אשה כותבת את גיטהISHAH KOSEVES ES GITAH- the woman writes her Get [so that her husband cannot claim that he cannot afford the scribe's fee, and then she gives it to her husband for him to divorce her with]

b)[line 6]והאיש כותב את שוברוVEHA'ISH KOSEV ES SHOVRO- and the man writes his receipt [that attests that his wife has received the payment of her Kesuvah (see Background to Kesuvos 7:4), after which he gives it to his wife and then receives it back from her when appropriate]

4)[line 8]עליוALAV- upon him (the slave)

5)[line 9]קנאתהוKAN'AS'HO- she acquires him (the slave, and therefore also the Get which he holds at the same moment since the slave acts as her domain)

6)[line 9]חצר מהלכת היאCHATZER MEHALECHES HI (KINYAN CHATZER)

(a)One who wishes to acquire an object must perform a Ma'aseh Kinyan - an action that effects the acquisition. Which actions serve as Halachically valid Kinyanim depend on the type of object being acquired.

(b)Metaltelin (chattel; movable goods) may be acquired through one of the following actions:

1.HAGBAHAH - lifting;

2.MESHICHAH - lit. pulling, which includes causing the object to move in any way;

3.CHATZER - having the object contained within one's domain.

(c)For the Kinyan of Chatzer to take effect, the domain must be stationary. A Chatzer Mehaleches (moving domain) is not effective in acquiring objects due to its transient nature. Therefore, although one's slave may be considered his domain, an item placed upon or held by the slave cannot be acquired through Kinyan Chatzer.

7)[line 12]והלכתא בכפותV'HILCHESA B'KAFUS- and the conclusion is [that the case in which Rava ruled that she is divorced is one in which the slave] was bound [and therefore unable to move]

8)[line 15]וצריכאU'TZERICHA- and it is necessary [to teach both the cases of a Get given to her together with a bound slave and that of one given to her together with a courtyard]

9)[line 16]חצרה הבאה לאחר מכאןCHATZERAH HA'BA'AH L'ACHAR MI'KAN- a courtyard that comes [into her possession from one other than her husband] after [her husband had placed her Get within it, in which case she is not divorced since neither the act of placing the Get in the courtyard nor that of acquiring the courtyard transferred the Get from her husband's possession to that of her own]

10)[line 19]חצר מהיכא איתרבי? מ'ידה'CHATZER ME'HEICHA ISRABI? MI'YADAH- from where is [the ability to acquire through one's courtyard] derived (see above, entry #6)? -From [the word] "her hand" (Devarim 24:1) [which implies that an object placed into one's domain may be used to acquire an object (see 77a)]

11)[line 24]שליחות לקבלהSHELICHUS L'KABALAH- [a woman's ability to appoint] a messenger to receive [her Get from her husband] (see Background to 15:7:d)

12)[line 26]מ'ושלח' 'ושלחה'MI'V'SHILACH' 'V'SHILCHAH'- from [the fact that the Torah could have written] "and send [from his house]" [but instead wrote] "and send her [from his house]" (Devarim 24:1). The letter "Heh" in the word "v'Shilchah" has a Dagesh (dot in the middle), which causes the word to mean "and he sends her." Since the "Heh" is extraneous, however, we are able to read it as if it had no Dagesh, in which case it would mean "and she sends."

13)[line 28]אב מקבל גט לבתו קטנה בעל כורחהAV MEKABEL GET L'VITO KETANAH BA'AL KORCHAH- a father may receive a Get on behalf of his [betrothed] daughter who is younger than twelve and a half against her will (see Mishnah, Kesuvos 46b and Gemara 47a)

21b----------------------------------------21b

14)[line 1]לא אפשר למקצייהLO EFSHAR L'MIKATZYEI- it is impossible to [suggest that one should] cut it off [since it is forbidden to do so as he is obligated in certain Mitzvos (see RASHI)]

15)[line 2]וליתביהV'LEISVEI- and he gives it

16)[line 6]"[... וכתב לה] ספר [כריתת ונתן בידה ושלחה מביתו]""[... V'CHASAV LAH] SEFER [KERISUS V'NASAN B'YADAH V'SHILCHAH MI'BEISO.]"- "[... and he shall write for her] a document [of severance and place it in her hand and send her from his house]" (Devarim 24:1). Rebbi Yosi ha'Glili understands that "Sefer" implies a document written upon fully processed parchment (Klaf).

17)[line 7]תלמוד לומר 'וכתב לה' מכל מקוםTALMUD LOMAR 'V'CHASAV LAH' MI'KOL MAKOM- the words "and he shall write for her" imply [that a Get may be written upon] any [surface] (since the verse could have left out these words altogether and written "... and he shall place a document of severance in her hand..."; RASHI. See also TOSFOS DH Talmud Lomar and DH bi'Chesivah.)

18)[line 9]אוכלOCHEL- a food item

19)[line 12]לספירת דברים הוא דאתאL'SEFIRAS DEVARIM HU D'ASA- it comes to [teach that one must] relate the details [of the divorce, such as the names of the husband and the wife and that he is divorcing her]. Implicit in this understanding is that there is no specific medium necessary upon which this information must be written.

20)[line 14]ואינה מתגרשת בכסףV'EINAH MISGARESHES B'CHESEF- and she cannot be divorced through [giving her a gift of] monetary value [and stating, "You are divorced from me with this money"]

21)[line 15]אקיש יציאה להויהAKISH YETZI'AH L'HAVAYAH (HEKESH - A Comparison of Two Subjects Mentioned Together in a Verse)

(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh." A Hekesh entails comparing two subjects that are mentioned together in a verse.

(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Avodah Zarah 46:22) or a Gezeirah Shavah (see Background to Yevamos 70:26) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").

(c)The verse states, "And if she shall go out of his house, and go and marry another..." (Devarim 24:2). From the fact that divorce ("v'Yatz'ah") and marriage ("v'Hayesah") are mentioned together in the verse, we derive through a Hekesh that their Halachos are comparable unless specified otherwise.

22a)[line 21]עד שלשים יוםAD SHELOSHIM YOM- [if he stipulates that she must refrain from drinking wine or going to her father's house] for [only] thirty days

b)[line 22]הרי זה כריתותHAREI ZEH KERISUS (KERISUS)

(a)One who wishes to divorce his wife must present her with a "Sefer Kerisus" (lit. document of severance) (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).

(b)The implication of the word "Kerisus" is that the divorce must sever completely all ties between husband and wife. Should the husband introduce an open-ended retroactive stipulation into the Get that requires that she act in a certain manner for the Get to remain valid, she is not divorced. This is because she is still tied to him for the rest of her life through the fulfillment of the condition that allows her to remain divorced.

23)[line 22]ואידך מ'כרת' 'כריתות'V'IDACH MI'KARES' 'KERISUS'- and the other one (i.e., Rebbi Yosi ha'Glili) [derives this Halachah] from [that which the Torah could have written "Sefer] Kares" [and instead wrote "Sefer] Kerisus"

24)[line 24]במחובר לקרקעMECHUBAR L'KARKA- attached to (i.e., growing from) the ground

25)[line 25]תלשוTALSHO- uprooted it

26)[line 25]וחתמוV'CHASAMO- and he signed [witnesses] upon it

27)[line 28]הנייר המחוקHA'NEYAR HA'MACHUK- the paper from which words had been erased [such that further erasures will be unnoticeable]

28)[line 28]הדיפתראHA'DIFTERA- a double-layered hide that has been processed with salt and flour, but not gall nuts [which give the parchment a gray tinge that is distinct from the white of the parchment underneath]. In contrast, Klaf has had the outermost layer of the hide stripped away, and has been treated with Mei Afatzim (gall nut juice).

29)[line 29]להזדייףL'HIZDAYEIF- to be forged

30)[line 31]והוא ששייר מקום התורףV'HU SHE'SHIYEIR MAKOM HA'TOREF- [the Get is valid b'Di'eved] only when he left over the details of the Get (i.e., the names of the husband and wife, their place of residence, and the date) [to be written after it was detached]

31)[line 35]עדי מסירה כרתי... עדי חתימה כרתיEDEI MESIRAH KARSEI... EDEI CHASIMAH KARSEI (EDEI MESIRAH KARSEI / EDEI CHASIMAH KARSEI)

(a)Rebbi Meir and Rebbi Elazar disagree as to which witnesses validate a Get (bill of divorce). Rebbi Elazar rules that "Edei Mesirah Karsei" - "the witnesses who observe the transfer of the document sever [the marriage]." Rebbi Meir maintains that "Edei Chasimah Karsei" - "the witnesses who sign the document sever [the marriage]." The term "sever" refers to the word used by the Torah to refer to a divorce (Devarim 24:1).

(b)The Torah requires that a Get be written Lishmah - with the express intent of using it to divorce the woman mentioned therein (20b). Rebbi Elazar maintains that witnesses are not required to sign the Get at all mid'Oraisa. (Mid'Rabanan, witnesses must sign so that one can validate a Get whose Edei Mesirah are dead or elsewhere.) Therefore, the requirement of Lishmah applies to the parts of the Get that refer specifically to that divorce (the "Toref"). Rebbi Meir maintains that the requirement of Lishmah applies to the signatures of the witnesses; the body of the Get need not be written Lishmah at all.

(c)Although this Machlokes specifically refers to Gitin, it applies equally to all documents.

32)[line 36]טופסTOFES- the generic parts of the text of a Get

33)[line 38]'חתמו' שנינו'CHASAMO' SHANINU- we learned [in the Mishnah that] "he had it signed" [after it was detached, not that he had the Toref written after it was detached]

34)[line 42]עציץ נקובATZITZ NAKUV- a flowerpot with a hole in its bottom (in which case that with grows therein is considered to draw sustenance from the ground underneath)

35)[line 42]דשקיל ליה ויהיב ליהD'SHAKIL LEI V'YAHIV LEI- [we may assume] that he will take [the entire pot] and give it [without first breaking off a piece with the Get on it (which would be invalid since he broke the piece off in between the writing and the delivery; RASHI, RABEINU TAM. See Insights.)]

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