GITIN 24 - 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.
 

12th CYCLE DEDICATION
GITIN 24 (3 Av) - dedicated l'Iluy Nishmos Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, and Mrs. Lily (Leah bas Pinchas) Kornfeld who passed away on 8 Av 5765, by their daughter Shifra, and family.

[24a - 47 lines; 24b - 44 lines]

1)[line 1]וממקום שבאתUMI'MAKOM SH'BASA- (lit. and from the place from which you have come) and from the place from which you are learning (from the end of the Mishnah where a woman is trusted to bring her own Get from Chutz la'Aretz)

2)[line 17]טלי גיטך מעל גבי קרקעTELI GITECH ME'AL GABEI KARKA

The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (lit. "a document that cuts [the bond between them]") and hand it to her ("v'Nasan b'Yadah") in front of two witnesses. Since the verse stresses that he must hand it to her, Rava learns that if he were to tell her to pick up her Get from the ground, she does not become divorced (Gitin 78a).

3)[line 19, 21]שליח להולכה/ שליח לקבלהSHALI'ACH L'HOLACHAH / SHALI'ACH L'KABALAH

The Torah requires that the Get be given directly into the hands of the woman (Devarim 24:1). However, a husband who wants to divorce his wife does not need to give the Get to the woman himself; he may appoint a Shali'ach to bring the Get and hand it to her. When the man appoints a Shali'ach to bring the Get to his wife, this is called a "Shali'ach l'Holachah." A woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Get from her husband on her behalf, or to receive the Get from her husband's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get).

4)[line 30]חצרה הבאה לאחר מיכןCHATZERAH HA'BA'AH L'ACHAR MI'KAN

The Torah requires that the Get be given directly into the hands of the woman (Devarim 24:1). However, a husband who wants to divorce his wife may place the Get into her Chatzer (courtyard) or property. The Kinyan of Chatzer is learned from the Kinyan of "her hand" (ibid., Gemara above, Daf 21a). As such, if the husband were to put the Get into a Chatzer that does not belong to her, she is not divorced, since he has not put it into "her hand," even if she acquires the Chatzer afterwards.

5)[line 33]ומשויUM'SHAVI- and he makes

PEREK #3 KOL HA'GET

6)[line 40]שלא לשוםאשהS HE'LO L'SHUM ISHAH - not for the sake of the woman who is to be divorced (LI'SHMAH - For her sake)

(a)The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. - Gitin.)

(b)A Get must contain the full names of the pair involved in the divorce, the places where they are to be found at the time of the writing (or where they live, or where they were born, according to some), and the date and place where the Get is written. If any of these items is missing or mistaken ("Shinah Shemo u'Shemah" — Gitin 34b, Yevamos 91b), the Get is invalid.

(c)A Get must be written li'Shmah (for the sake of the woman who is to be divorced), as is learned from the verse in the Torah, "v'Chasav Lah Sefer Kerisus" - "and he must write for her a bill of divorce" (Devarim 24:1). The scribe must therefore write at least: 1. the name of the wife; 2. the name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol Adam" — "You are hereby free to marry whomever you wish" — with the intention that this Get will be used to divorce this specific woman (see RAMBAM Hilchos Gerushin 3:7).

7)[line 42]קול סופרים מקריןKOL SOFRIM MAKRIN- the voice of [a teacher of] scribes reading out [a sample Get]

8)[line 45]ונמלךV'NIMLACH- and he changed his mind

24b----------------------------------------24b

9)[line 3]ללבלרLAVLAR- scribe

10)[line 7]העשויין להתלמדHE'ASUYIN L'HISLAMED- who are learning to write [Gitin]

11)[line 26]דאין ברירהEIN BEREIRAH

(a)In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah does not work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow; buying or selling today an object that will be selected tomorrow. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect when there remains a doubt about what it will take effect on" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such a stipulation does work.

(b)When the action is contingent on a past event, there is no question that the action works — even if the people involved in the action are not aware as to whether the past event did or did not take place. For example, a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates, "If my Rebbi is presently staying in a village towards the east, I would like the eastern Eruv to work; if not, I would like the western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have taken effect on the side that he stipulated.

(c)We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy or sell an object or divorce his wife on the condition that the other party pays or does whatever the first party specifies. If the condition is not kept in the future, the sale or divorce is annulled. This situation is not called Bereirah — see Insights to Yoma 56:1.

(d)Halachically, most Poskim conclude (based on Beitzah 38a) that for matters that are mid'Oraisa we assume that Bereirah does not work (l'Chumra), for matters that are mid'Rabanan, we rely on Bereirah.

12)[line 30]שטר חובSHTAR CHOV- a loan document

13)[line 38]כולן פוסלין בכהונהKULAN POSLIN B'CHEHUNAH- all of them invalidate the woman from marrying a Kohen

14)[line 42]פסול ופוסלPASUL U'POSEL- when the Chachamim declared a Get invalid (Pasul), it does not effect divorce but it does disqualify (Posel) the wife of a priest from living with him

15)[line 42]חליצה פסולהCHALITZAH PESULAH (YIBUM /CHALITZAH - Levirate Marriage)

(a)If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.

(b)If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.

(c)The connection of the brother to the dead man's wife, which obligates one of the two, is called Zikah. It is comparable to the state of Eirusin (betrothal) before a marriage. The Tana of the Mishnah from Yevamos rules that the Zikah "connects" the Yevamah with all of the brothers, not only the oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a Shomeres Yavam.

16)[line 43]ופוסלתה מן האחיןU'POSLASAH MIN HA'ACHIN- wherever the Chachamim declared a Chalitzvah to be invalid, it does not release the Yevamah to marry whomever she wants, but it does disqualify her from marrying any of the brothers-in-law

17)[line 43]במערבאB'MA'ARAVA- lit. in the West, Eretz Yisrael

18a)[last line]שמאלSEMOL- if the Yevamah took the shoe of the Yavam's left foot

b)[last line]ולילהLAILAH- if the Chalitzah was performed at night

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