Gitin Chart #4
Chart for Gitin Daf 26a
WHICH PART OF THE SHTAR MAY A SCRIBE PREPARE BEFORE
THE EXPLICIT REQUEST OF THE PERSON WHO ORDERS THE SHTAR?
WHICH TANA DOES HE FOLLOW
|1||TANA KAMA||Tofes||Tofes||Shmuel: R. Elazar (2)
Chizkiyah: R. Meir (3)
Avimi: R. Elazar (4) or R. Meir (5)
|2||REBBI YEHUDAH||None||None||R. Elazar|
|3||REBBI ELAZAR||None||Rashi: Tofes
Tosfos: even the Toref
(1) In general, Toref and Tofes are defined as follows:
1. Toref refers to the places in the Get where the husband's name and the wife's name are written, as well as their places of residence. In the case of a Shtar Milveh, the Toref refers to the places in the Shtar where the creditor's name, the debtor's name, and the sum of money borrowed are written.
2. Tofes refers to the rest of the text of the Shtar, except for the date (Zman).
3. Zman - According to all of the Tana'im, the Zman is treated more stringently than even the Toref of the Shtar, and one is prohibited to write the date in any Shtar before it is signed and put into effect because doing so renders the Shtar "Mukdam" and invalidates it. (See Rashi, DH Tzarich. The Chasam Sofer discusses whether one is permitted to write the year in a Shtar without including the exact day in the year, and then to fill in the day when the Shtar is about to be used.)
(2) He permits writing the Tofes, even though it is not being written Lishmah, because of a Takanah for the Sofrim (i.e. in order that they should have half-written Gitin available upon request).
(3) He prohibits writing the Toref prior to the use of the Shtar, even though he does not require it to be written Lishmah, because of a Takanah to prevent the husband from rashly divorcing his wife if the couple became involved in a quarrel.
(4) He permits writing the Tofes because of a Takanah for the sake of Agunos. That is, if the husband must leave on short notice to Medinas ha'Yam, if no Get is readily available his wife risks the possibility of remaining an Agunah.
(5) He prohibits writing the Toref because of a Takanah for the sake of Agunos. That is, if the husband will find a Get already written and prepared, when he has a quarrel with his wife he will immediately divorce her and she will be left with no husband (Rashi). (Alternatively, if the husband will find a Get already written and prepared, he will impulsively throw the Get to her and run away. It might not be possible to prove whether the Get he threw landed in a place which was closer to him or closer to her, "Safek Karov Lo, Safek Karov Lah," and out of doubt she will be forbidden to him (perhaps it landed closer to her, and it was a valid Get), and to everyone else as well (perhaps it landed closer to him, and it was not a valid Get) RASHBA.