GITIN 29 - 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.
 

12th CYCLE DEDICATION
GITIN 29 (8 Av) - Dedicated in honor of the second Yahrzeit of Mrs. Lily (Leah bas Pinchas) Kornfeld, a holocaust survivor who met all of life's challenges with courage and fortitude, by her daughter and son-in-law Diane and Andy Koenigsberg and family.

1)

WHEN WE ASSUME THAT SOMEONE WAS EXECUTED

(a)

Version #2 (Rav Yosef): This applies only to a court of Nochrim. Regarding a Beis Din of Yisrael, once they passed sentence, surely they will kill him.

(b)

Question (Abaye): A Beis Din of Yisrael may find a reason to declare him innocent!

(c)

Answer (Rav Yosef): It is not common to find that he is innocent after there was already a verdict that he was guilty. We are not concerned for this.

(d)

Support (for Rav Yosef - Mishnah): If two witnesses say that Ploni was sentenced to die, and they name the Beis Din and witnesses who convicted him, we kill Ploni.

(e)

Rejection: Perhaps the case of one who fled is different.

(f)

(Beraisa): If someone heard a Beis Din of Yisrael say that Ploni 'Mes' or 'Neherag', we permit his wife to remarry;

1.

If he heard Nochri executioners saying this, we do not permit her to remarry.

(g)

Question: What do 'Mes' and 'Neherag' mean?

1.

Suggestion: He already died, or was killed.

2.

Rejection: If so, his wife should be permitted to remarry even if a Nochri executioner said this!

i.

If anyone mentions a person's death l'Fi Tumo, we rely on this to permit his wife to remarry!

(h)

Answer #1: Rather, it means that Ploni's sentence is that Beis Din will cause his death, or will directly kill him.

1.

In such a case, regarding a Beis Din of Yisrael, we permit his wife to remarry - this shows, we are sure he was killed!

(i)

Answer #2: Really, it means that he already died or was killed.

1.

Normally, if anyone says l'Fi Tumo that Ploni died, we rely on this to permit his wife to remarry. We do not rely on the words of a Nochri executioner.

2.

This is because Nochrim pride themselves that they judged properly, and are prone to lie!

2)

CAN A SHALI'ACH MAKE ANOTHER SHALI'ACH?

(a)

(Mishnah): If Reuven appointed Shimon to give a Get within Eretz Yisrael, and Shimon got sick, Shimon can appoint a Shali'ach to give the Get;

1.

If Reuven told Shimon to receive something from his wife when he gives the Get, Shimon may not make a Shali'ach. We assume that Reuven does not want his deposit to be in the hands of others.

(b)

(Gemara - Rav Kahana): The Mishnah discusses when the Shali'ach got sick.

(c)

Objection: This is obvious. The Mishnah says so explicitly!

(d)

Answer: One might have thought that the law applies even if he did not get sick, and the Mishnah just gives a normal case. Rav Kahana teaches that this is not so.

(e)

Question: What did Reuven tell Shimon?

1.

If he said 'take this Get', even if Shimon did not get sick, he may make another Shali'ach!

2.

If he said 'you take this Get', even if Shimon got sick, he cannot make another Shali'ach!

3.

If the Mishnah is like R. Shimon ben Gamliel, even if Shimon got sick, he cannot make another Shali'ach!

i.

(Beraisa): If Reuven told Shimon 'take this Get to my wife', Shimon may make another Shali'ach. If he said 'you take this Get', Shimon cannot make another Shali'ach;

ii.

R. Shimon ben Gamliel says, in either case, he cannot make another Shali'ach.

(f)

Answer #1: In our Mishnah, Reuven said 'take this Get.' The Beraisa discusses when Shimon got sick.

(g)

Answer #2: In our Mishnah, Reuven said 'you take this Get.' The Beraisa discusses when Shimon is healthy. The law is different when he falls sick.

(h)

Answer #3: Our Mishnah is like R. Shimon ben Gamliel. The Beraisa discusses when Shimon is healthy. The law is different when he falls sick.

(i)

(Mishnah): If Reuven appointed Shimon to give a Get within Eretz Yisrael, and Shimon got sick, Shimon can appoint a Shali'ach to give the Get.

(j)

Contradiction (Mishnah #1): If Reuven told two people 'give a Get to my wife', or he told three people 'write and give a Get to my wife', they themselves must write and give. They cannot appoint someone else.

(k)

Answer #1 (Abaye): In Mishnah #1, they cannot make another Shali'ach because the husband is insistent that they do it themselves. He does not want word to spread that he does not know to write a Get himself.

1.

In our Mishnah, the husband does not care whether or not his Shali'ach gives the Get personally.

(l)

Answer #2 (Rava): In Mishnah #1, they cannot make another Shali'ach, because Mili cannot be transferred from one Shali'ach to another. (Rishonim argue about whether Mili is a Shelichus in which no object was given to the Shali'ach, or a Shelichus that does not finish the matter, or a Shelichus that depends on the will of others. In our Mishnah, the Shali'ach received a Get to divorce her, and he can do so against her will, so all agree that it is not Mili.)

(m)

Question: What is the practical difference between Abaye's answer and Rava's?

(n)

Answer: They argue about if Reuven asked Sheluchim to write a document to give a gift;

1.

Abaye holds like Rav, who says this is unlike asking them to write and give a Get; (The giver is not expected to write the document himself. There is no embarrassment if someone else writes it, so they may make another Shali'ach.)

2.

Rava holds like Shmuel, who says it is like asking to write a Get. (Also this is Mili. They cannot appoint another Shali'ach.)

(o)

(Mishnah): If he said 'take my object from her (when you give the Get)'...

(p)

(Reish Lakish): In our Mishnah, Rebbi taught that one who borrows or rents an object may not lend or rent it to someone else.

(q)

(R. Yochanan): Everyone knows that! Rather, Rebbi taught that sometimes, this disqualifies the Get (if the Shali'ach makes another Shali'ach to give the Get and take the object);

1.

It is as if he told his Shali'ach 'divorce her only in the house', and the Shali'ach divorced her in the attic, or 'divorce her only using the right hand', and he divorced her using the left hand.

(r)

Reish Lakish and R. Yochanan agree that if she gave to him the object before he gave the Get, the Get is valid.

29b----------------------------------------29b

1.

They argue when he told his Shali'ach 'take the object, then give the Get', and the Shali'ach gave the Get before she gave the object.

(s)

(R. Yochanan): Even if the original Shali'ach did this, the Get is Pasul, and all the more so, if the Shali'ach made a second Shali'ach (Rashi - and the second Shali'ach gave the Get before getting the object; Tosfos - even if the second Shali'ach gave the Get after getting the object).

(t)

(Reish Lakish): Even if the second Shali'ach did this, the Get is valid, all the more so, if the first Shali'ach did so. (The husband was not particular about the order of giving and receiving.)

3)

SHELUCHIM OF SHELUCHIM

(a)

(Mishnah): If a Shali'ach to bring a Get from abroad got sick, he makes a second Shali'ach in front of a Beis Din, and says 'it was written and signed in front of me.'

1.

The last Shali'ach need not make a declaration when he gives the Get. He merely says 'I am a Shali'ach of Beis Din.'

(b)

(Gemara) Version #1 Question (Rabanan): Can the second Shali'ach can make another Shali'ach?

(c)

Answer (Avimi): That is obvious! The Mishnah says 'the last Shali'ach (need not make a declaration).' This shows that the second Shali'ach can make another Shali'ach!

1.

Question (Avimi): Rather, ask the following. When the second Shali'ach appoints a third Shali'ach, must he do this in Beis Din?

2.

Answer (Rabanan): Clearly, he must! The Mishnah says 'the last Shali'ach says 'I am a Shali'ach of Beis Din''

(d)

Version #2 (Rav Nachman bar Yitzchak) Question (Rabanan): When the second Shali'ach appoints a third Shali'ach, must he do this in Beis Din?

1.

Question (Avimi): Rather, you should ask whether the second Shali'ach can make a third Shali'ach!

2.

Answer (Rabanan): Clearly, he can! The Mishnah says, the last Shali'ach (need not make a declaration), we see that he can make another Shali'ach!

i.

We are unsure only about whether this must be done in Beis Din.

(e)

Answer (Avimi): That is obvious! The Mishnah says that the last Shali'ach must say 'I am a Shali'ach of Beis Din'. This shows that he must be appointed in Beis Din. (end of Version #2)

(f)

(Rabah): A Shali'ach to give a Get within Eretz Yisrael can make several Sheluchim (i.e. he can make a second Shali'ach, who can make a third...).

(g)

(Rav Ashi): If the first Shali'ach dies, the later Sheluchim cease to be Sheluchim.

(h)

Rejection (Mar bar Rav Ashi): My father said this in his youth (i.e. it is wrong);

1.

If the husband would die, the mission is void. All are Sheluchim of the husband;

2.

Therefore, as long as the husband is alive, they are all valid Sheluchim!

4)

ONLY ONE WHO CAN DIVORCE CAN MAKE ANOTHER SHALI'ACH

(a)

A case occurred in which Reuven appointed Shimon to give a Get to Reuven's wife.

1.

Shimon: I do not recognize your wife!

2.

Reuven: Give the Get to Aba bar Minyomi. He knows my wife, and he will give it to her.

(b)

Shimon did not find Aba. He found R. Avahu, R. Chanina ben Papa, and R. Yitzchak Nafcha. They told him to make his declaration and give to them the Get, and they will give it to Aba.

1.

Rav Safra: Shimon was not a Shali'ach to divorce! He does not stand in place of the husband, so he cannot make a Shali'ach for other than what Reuven told him to!

2.

The other three Chachamim were embarrassed that they did not think of this.

(c)

Version #1 (Rava): Rav Safra outsmarted three ordained Chachamim.

(d)

Objection (Rav Ashi): He did not outsmart them! Reuven did not say that only Aba can divorce her. Shimon also had the power to divorce her!

(e)

Version #2 (Rava): Rav Safra seemingly outwitted three ordained Chachamim, but in truth, he was wrong.

(f)

Question: (Rav Ashi): What was his mistake?

(g)

Answer: Reuven did not say that only Aba can divorce her. Shimon also had the power to divorce her!

(h)

Reuven made Shimon a Shali'ach to divorce his wife after 30 days. During the 30 days, a problem arose, and Shimon would not be able to give the Get after 30 days.

1.

Rava: The Mishnah allows a Shali'ach who fell sick to make another Shali'ach because he cannot do his mission himself. The same applies here!

2.

Rava: Make your declaration. After 30 days we will appoint a Shali'ach to give the Get.

3.

Rabanan: Right now, Shimon is not authorized to divorce!

4.

Rava: Since he is authorized to divorce after 30 days, it is as if he is authorized to divorce now.

5.

Objection: We should be concerned lest Reuven appeased his wife (like in a Mishnah)!

i.

(Mishnah): If Reuven told his wife this is your Get. It takes effect now, on condition that I do not return within 12 months', and he died within 12 months, the Get is valid.

ii.

Question: We should be concerned lest Reuven appeased his wife (and nullified the Get)!

iii.

Answer (Rabah bar bar Chanah): The case is, he said that she is believed to say that he did not.

6.

Rava was embarrassed (for having overlooked this).

7.

Later, it became known that Reuven had not made Nisu'in.

i.

Rava: We are concerned lest a man appease a wife fully married to him. We have no source to be concerned lest he appease an Arusah!

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