GITIN 21 (17 Sivan) - Today's Dafyomi study is dedicated to the memory of Moshe Grun (Moshe Shlomo ben Michael z"l), by his good friends in Los Angeles, New York, and Jerusalem.

1)

DOES A WOMAN KNOW THAT HER HUSBAND MUST OWN THE GET? (cont.)

(a)

Answer #2 (Rava - Mishnah): If an Arev (guarantor) signed below the witnesses, the lender may collect from the Arev's Bnei Chorin (property that he still owns), but not from property he sold. (We assume that the lender knows to be Makneh the document to the Arev when he signs!)

(b)

Objection (Rav Ashi): That is no proof. Perhaps a man knows to be Makneh the document, but a woman does not!

(c)

Answer #3 (Rav Ashi - Mishnah): A woman can write her own Get, and a man can write the receipt for paying his wife's Kesuvah, because only signatures are Mekayem a document.

2)

GIVING A GET ALONG WITH A SLAVE OR PLOT OF LAND

(a)

(Rava): A man wrote a Get, and put it in his slave's hand. He then wrote a document giving his slave for a gift, and gave it to his wife. She acquires the slave and is divorced.

(b)

Question: (Regarding acquisitions) a slave is like a moving Chatzer, which does not acquire!

1.

Suggestion: Perhaps he gave her the slave when the slave was standing still.

2.

Rejection: Rava himself taught that whenever a moving Chatzer does not acquire, it does not acquire even if it is stationary!

(c)

Answer: The case is, the slave is tied up (he cannot move).

(d)

(Rava): If a man wrote a Get, and put it in his Chatzer, and wrote a gift document giving the yard to his wife, she acquires the yard and is divorced.

(e)

Rava needed to teach both cases;

1.

Had he taught only about the slave, one might have thought that regarding a Chatzer, Chachamim decreed that she is not divorced, lest people think she is divorced even when he puts the Get in another man's Chatzer, and that man gives or sells her the Chatzer. (This is invalid, since her husband did not give the Get to her.)

2.

Had he taught only the case of the Chatzer, one might have thought that regarding a slave, Chachamim decreed that she is not divorced, lest people think she is divorced even when he puts the Get in the hand of a slave who is not tied up.

i.

Rava taught both cases, to teach that Chachamim did not decree in either case.

(f)

Question (Abaye): The Torah said that he puts the Get in her hand. We learn that alternatively, he can put it in her Chatzer. Just like she is divorced through (the Get being put in) her hand with or against her will, she should be divorced through her Chatzer with or against her will!

1.

Receiving the Chatzer for a gift (with the Get in it) is only if she wants!

2.

Counter-question (Rav Simi bar Ashi): She can make a Shali'ach (agent) to receive her Get, and this works only if she wants!

3.

Answer #1 (Abaye): We do not learn Shelichus from her hand, rather, from "v'Shilchah (he will send her)", so Shelichus need not resemble her hand!

4.

Answer #2 (Abaye): In one case, Shelichus works against her will. A man can receive the Get of his minor daughter against her will!

3)

ON WHAT THE GET MAY BE WRITTEN [last line]

(a)

(Mishnah): On an olive leaf...

(b)

We understand that when he writes on a slave's hand, he must give the whole slave. We may not cut off his hand!

21b----------------------------------------21b

(c)

Question: When he writes on the horn of a cow, why must he give the whole cow? He can off the horn and give the horn!

(d)

Answer: It says "he will write...he will give" - the Get must be ready to give once it is written.

1.

If he cuts it off in between, it is Pasul, for it was detached between the writing and giving.

(e)

(Mishnah): R. Yosi ha'Glili says...

(f)

Question: What is R. Yosi ha'Glili's reason?

(g)

Answer (Beraisa) Suggestion: Perhaps a Get must be a "Sefer"!

1.

Rejection "And he will write for her" includes writing on anything.

2.

Question: If so, why did the Torah specify "Sefer"?

3.

Answer: Just like a Sefer is not alive and is not a food, a Get may not be written on something alive or on a food.

4.

Chachamim: Had the Torah said "in a Sefer", we would agree. However, it says "Sefer". This refers to Sefiras (telling) the matter (i.e. that he severs his connection to his wife).

(h)

Question: What do Chachamim learn from "and he will write"?

(i)

Answer: This teaches that one divorces through writing, not through money;

1.

One might have thought that we equate divorce to Kidushin, and just like money can be Mekadesh, it can divorce. The verse teaches that this is not so.

(j)

R. Yosi ha'Glili learns this from "a Sefer of Kerisus (cutting)" - only a Sefer cuts.

(k)

Chachamim learn from "Sefer Kerisus" that the Get must cut them off from each other;

1.

(Beraisa): If he wrote 'you are divorced on condition that you will never drink wine', or 'that you will never go to your father's house', this is not Kerisus (it is invalid);

2.

If the condition is only for 30 days, it is Kerisus, and it is valid.

(l)

R. Yosi ha'Glili learns this from the plural "Kerisus", as opposed to 'Kares'.

(m)

Chachamim hold that the plural does not warrant teaching another law.

4)

A GET WRITTEN WHILE ATTACHED [line 23]

(a)

(Mishnah): We do not write a Get on something attached to the ground. If one wrote it attached, detached it, had witnesses sign it and gave it to her, it is valid;

(b)

R. Yehudah says, it is valid only if it was written and signed while detached.

(c)

R. Yehudah ben Beseirah says, we do not write on a parchment that has already been erased; nor on a hide that has been salted and treated only with flour, but not with gall-nuts, because erasures on such parchments are not recognizable;

(d)

Chachamim permit this.

(e)

(Gemara) Question: Why does it say 'if he wrote it attached (it is Kosher)'? The Reisha says that we do not write a Get on something attached! (Ran - writing on something attached is Pasul mid'Oraisa, so we cannot say that it is merely l'Chatchilah to write on something detached.)

(f)

Answer #1 (Rav Yehudah, R. Elazar, Rabah bar bar Chanah): The Toref (his and her names, and the date) must be written detached. If the Tofes (the standard part that is the same on every Get) was written attached, the Get is still valid.

1.

The Mishnah is like R. Elazar, who says that Edei Mesirah Karsei. (A Get need not be signed. "He will write a Get for her" refers to the Toref (the part that must be "for her", i.e. Lishmah. A Get may not be detached between the writing of the Toref and the giving.)

2.

The Mishnah means that we may not write the Tofes while attached, lest we write the Toref attached. If the Tofes was written attached, then the Get was detached and the Toref was written and the Get was given, it is valid.

(g)

Answer #2 (Reish Lakish): The Mishnah explicitly says that if it was signed after it was detached, it is valid. The Mishnah is like R. Meir, who says that Edei Chasimah Karsei (a Get is empowered by the witnesses who signed it. "He will write the Get" means 'he will have witnesses sign the Get.' Since detaching did not separate between the signing and giving, it is valid.)

1.

The Mishnah means that we may not write the Toref while attached, lest we sign the Get attached. If the Toref was written attached, then the Get was detached and it was signed and given, it is valid.

(h)

If a Get was written on the earthenware of a flowerpot with a hole, it is valid. He gives to her the flowerpot.

(i)

(Abaye): If a Get was written on a leaf of a plant growing in a flowerpot with a hole, it is valid;

(j)

(Rava): It is Pasul.

1.

Abaye says that it is valid. He gives to her the entire flowerpot.

2.

Rava says that it is Pasul. This is a decree, lest he break off the leaf and give the leaf to her. (This is Pasul, for the detaching separates between the writing and the giving.)