(Permission is granted to redistribute this material as long as the Kollel
header and the subscription info at the end are included.)

_________________________________________________________________
CHARTS FOR LEARNING THE DAILY DAF

brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rabbi Mordecai Kornfeld
Email - daf@shemayisrael.co.il
_________________________________________________________________

Gitin Chart #3

Gitin Daf 23a

WHY DOES THE MISHNAH ACCEPT A GET
WRITTEN BY A CHERESH, SHOTEH, OR KATAN?
  (A)
WHO AUTHORED THE MISHNAH? 		(B)
WHY DOES IT ACCEPT A GET THEY WROTE? 		(C)
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)
==========
FOOTNOTES:
==========
(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.)

Main
Gitin Page		 List of Charts
and Graphics		 Insights
to the Daf
 Background
to the Daf		 Review the Daf
Questions and Answers 		Point by Point
Summary

For questions or sponsorship information, write to daf@shemayisrael.co.il