Gitin Chart #3
Chart for Gitin Daf 23a
WHY DOES THE MISHNAH ACCEPT A GET
WRITTEN BY A CHERESH, SHOTEH, OR KATAN?
WHO AUTHORED THE MISHNAH?
WHY DOES IT ACCEPT A GET THEY WROTE?
MAY A NOCHRI WRITE THE GET?
|1||RAV HUNA||Rebbi Elazar (2)||"Gadol Omed Al Gabav" (1)||No (3)|
|2||RAV NACHMAN||Rebbi Meir||The Kesivah does not have to be Lishmah||Yes (5)|
|3||RAV YEHUDAH IN THE NAME OF SHMUEL||Rebbi Elazar (4)||They wrote the "Tofes," but not the "Toref"||Yes (6)|
(1) This means that an adult Jew stands over him while he writes the Get and instructs him how to write the Get Lishmah. In this way, a Katan is able to write the Get Lishmah.
(2) This is the straightforward understanding of the Gemara. Tosfos (22b, DH v'Ha), however, writes that Rav Huna also maintains that the Mishnah follows the opinion of Rebbi Meir, but he assumes that Rebbi Meir requires both that the Kesivah and the Chasimah be written Lishmah, mid'Oraisa. Alternatively, Rav Huna holds that Rebbi Meir requires that the Kesivah be Lishmah mid'Rabanan.
(3) The reason is because a Nochri writes the Get out of his own choice ("a'Da'ata d'Nafshei ka'Avid"), and he does not base his actions on instructions given to him from someone else. Therefore Gadol Omed Al Gabav does not help him write the Get Lishmah.
(4) According to Tosfos (above, footnote #2), Rav Yehudah in the name of Shmuel holds that even Rebbi Meir requires the Kesivah to be Lishmah mid'Rabanan. He argues with Rav Nachman who holds that Rebbi Meir permits, l'Chatchilah, using a Get that was found in the garbage (here, and 3b).
(5) The Beraisa which invalidates a Get written by a Nochri is following the view of Rebbi Elazar, and is referring to where there is a Gadol Omed Al Gabav. The Get is not valid because a Nochri writes it "a'Da'ata d'Nafshei" (see above, footnote #3). (Rashi)
(6) According to this, it is not clear why the Beraisa invalidates a Get written by a Nochri, yet seems to validate a Get written by a Cheresh Shoteh v'Katan. (See Insights to the Daf.)