GITIN 26 - 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.

[26a - 35 lines; 26b - 44 lines]

1)[line 5]שמא יבקע הנודSHEMA YIBAKA HA'NOD- the leather bottle might break (and he will never be able to separate the Terumah and Ma'asros)

2)[line 6]לכשיבקעLECHESHE'YIBAKA- when it will break [we will worry about it]; i.e. we need not worry that it will break because a watchman can be appointed to guard it

3)[line 7]טופסי גיטיןTOFSEI GITIN- the standard text of a Get (excluding the particulars of the couple involved)

4)[line 8]ומקום הזמןU'MEKOM HA'ZEMAN - [the Sofer must leave] space for the date (ZEMAN B'GITIN)

(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)The Torah does not require that a date be written in a Get in order for it to be valid. However, the Rabanan required it and disqualified the Get without it (Gitin 86a). The Amora'im disagree (Gitin 17a) about why Chazal instituted that a date must be written in the Get.

1.Rebbi Yochanan asserts that when a man is very fond of his wife (e.g. he is married to his sister's daughter), even if she is unfaithful to him and has forbidden relations with another man, he will try to ensure that she does not receive the death penalty for her conduct. In order to do so, he might write her a Get without a date so that she can claim that she was divorced at an earlier date, prior to the date of the forbidden relations. The requirement of a date in all Gitin prevents this scenario.

2.Reish Lakish is of the opinion that Chazal made the date a requirement in all Gitin so that a husband does not sell the Peiros (produce) of his wife's Nichsei Milug property (see Background to Gitin 17:11) after he had wrote and signed the Get, claiming that he sold it beforehand, when he was still entitled to the Peiros. (According to Reish Lakish, from the moment the husband writes and signs the Get he no longer is entitled to the Peiros.) To prevent this from happening, Chazal instituted that the date of the signing of the Get must be included in every Get.

(d)Even if a date is written in the Get, but that date predates the day on which the Get was actually signed, Chazal invalidated the Get (Gitin 17a). According to Rebbi Yochanan (see c:1), the reason for this is obvious. The premature date might be used to acquit the wife from the death penalty, if she had forbidden relations before the date of the true divorce but after the date written in the Get. According to Reish Lakish (see c:2), Chazal invalidated such a Get in order to prevent the wife from claiming that her husband had no right to sell Peiros after the date that appears in the Get (but before the Get was actually signed and delivered), and from collecting those Peiros from the people who (rightfully) purchased them from her husband.

5)[line 27]תקנת סופרTAKANAS SOFER- for the betterment of the Sofer [in order to have Tofsei Gitin at hand]

6)[line 31]תורףTOREF- the main part of the Get, which includes the names of the couple, the time and the words, "Harei At Muteres l'Chol Adam"

26b----------------------------------------26b

7)[line 3]קטטהKETATAH- [marital] strife [should a person's wife hear a Sofer writing a get with her husband's and her name in it, and think that her husband ordered the Get to be written]

8)[line 7]תקנת עגונותTAKANAS AGUNOS- for the betterment of Agunos, women whose husbands have left them (a) after giving them a proper Get, because the Get was ready at hand, or (b) without giving them a proper Get, which prohibits them from marrying another man

9)[line 10]ורתח עלהV'RASACH ALAH- and he gets angry with her

10)[line 18]משום בת אחותוMISHUM BAS ACHOSO

See above, entry #4:c:1.

11)[line 19]משום פיריMISHUM PEIREI

See above, entry #4:c:2.

12)[line 31]טובינא דחכימיTOVINA D'CHAKIMEI- the most praiseworthy of the scholars

13)[line 33]אשרתא דדייניASHARTA D'DAYANEI- the document of confirmation of Kiyum (when the witnesses testify that the signatures are indeed theirs) written by the Beis Din

14)[line 34]מקמי דליסהדי סהדיMEKAMEI D'LIS'HADEI SAHADEI- before the witnesses testify

15)[line 35]מיחזי כשיקראMECHEZEI K'SHIKRA- it appears to be a lie, i.e. a false document

16)[line 38]באשפהB'ASHPAH- in a garbage heap

17)[line 43]נמחל שעבודוNIMCHAL SHIBUDO- the legal power of the document was annulled [after the debt was repaid, and it cannot give the creditor the power to collect the debt owed to him from Meshubadim, real estate with a lien on it, which has been sold in the interim]

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