WITNESSES REQUIRED FOR DIVORCE [line before last on previous Amud]
(Mishnah): If a woman told a Shali'ach 'receive my Get for me', to remarry, she needs two pairs of witnesses:
Two witnesses must testify that they heard her command the Shali'ach;
Two witnesses must testify that they saw the Shali'ach receive the Get and tear it up (this will be explained).
The same two people can testify about both of these.
Alternatively, three witnesses may testify, if one saw the command, one saw the reception and tearing, and one saw both of these.
(Gemara) Question: If Reuven gave a Get to Shimon, and Reuven says that he asked him only to watch it, and Shimon says that Reuven told him to give it to Reuven's wife, who is believed?
Answer #1 (Rav Huna): Reuven is believed.
Answer #2 (Rav Chisda): Shimon is believed.
Rav Huna believes the husband. Had he wanted to divorce his wife, he would have given it himself!
Rav Chisda believes Shimon. Since he gave the Get to him, Reuven trusted Shimon for whatever Shimon will say.
Question (R. Aba, against Rav Huna - Beraisa): A litigant's admission is like 100 witnesses. A third party (with whom the document was deposited) is believed more than either litigant.
If the litigants argue, we rely on what the third party says.
Answer: Money matters are different. There, we can say that by trusting him with the document, they forfeited their money.
Question (Beraisa): The same applies to Gitin.
Answer: It refers to monetary Gitin (documents).
Question (Beraisa): The same applies to documents. (Therefore, 'Gitin' must refer to documents of divorce!)
Answer: These are two separate Beraisos teaching the same thing (monetary documents).
Question (against Rav Chisda - Mishnah): If a woman told a Shali'ach 'receive my Get for me', to remarry, she needs two pairs of witnesses, one pair who heard her command, and two who saw the Shali'ach receive the Get and tear it up.
Question: Why are witnesses needed? Why can't we believe the Shali'ach?
Answer to both questions: He is believed only when he is holding the Get.
Question: We understand why she needs witnesses who heard the command. Why does she need witnesses who saw him get the Get?
Answer (Rava): The Mishnah is like R. Eliezer, who says that Edei Mesirah Karsei (a Get is empowered by the witnesses who saw it given).
Question: Why do they tear the Get?
Answer (Rav Yehudah): This Mishnah was taught when there were decrees (by the Nochrim) forbidding Gitin (and other Mitzvos).
(Rabah): Rav Huna admits that if she says that the Shali'ach told her that he was authorized to give the Get, she is believed.
Objection: It cannot be that the Shali'ach is not believed to say this, but she is believed to say it in his name!
Correction: Rather, if she says that she saw her husband authorize the Shali'ach to give it, she is believed, for she could have said that she received it from her husband. (Had she made this latter claim, she would be believed.)
MAY WE RELY ON A SHALI'ACH TO FULFILL HIS MISSION? [line 26]
(R. Yochanan): If Reuven says that he told the Shali'ach to give the Get, and the Shali'ach says that he gave it, and she says that she received it and lost it, since matters involving marriage require two witnesses and we do not have two witnesses, we cannot permit her to remarry.
Question: Why can't we believe the Shali'ach?
Answer: He is believed only when he is holding the Get.
Question: Why can't we believe the husband?
(R. Chiya bar Avin): If a man says that he divorced his wife, he is believed.
Answer: The husband does not know whether or not the Get was given.
Question: Why can't we rely on the Chazakah that a Shali'ach fulfills his mission?
(R. Yitzchak): If Levi told Shimon 'be Mekadesh a woman to me', and Shimon went away and died, Levi is forbidden to marry any woman, because there is a Chazakah that a Shali'ach fulfills his mission. (We must be concerned lest Shimon was Mekadesh (to Levi) the sister (or another close relative) of whomever Levi wants to marry!)
Answer: We do not rely on the Chazakah to be lenient, only to be stringent.
Question: Why can't we believe Reuven's wife (that she received and lost the Get)?
(Rav Hamnuna): If a woman says to her husband 'you divorced me', she is believed. It is established that a woman could not be so brazen to lie to her husband about this.
Answer: Here is different, for the Shali'ach supports her. This enables her to lie.
ACQUISTIONS OF MINORS [line 6]
(Mishnah): A Na'arah Me'urasah (during Eirusin) or her father can receive her Get;
R. Yehudah says, the Torah never authorizes two people to acquire the same matter. Only her father can receive it.
Any girl who cannot guard her Get cannot be divorced.
(Gemara): What do they argue about?
Answer: Chachamim say that the Torah gave her an additional way to receive her Get (i.e. through her father). R. Yehudah holds that her own power to receive does not work when she is in her father's Reshus.
(Mishnah): Any girl who cannot guard her Get cannot be divorced.
(Beraisa): A minor can be divorced only if she knows to guard her Get;
'Knowing to guard her Get' is if she guards her Get and something else.
Question: What does this mean?
Answer #1 (R. Yochanan): (If she loses her Get,) she guards something else, and thinks that it is her Get.
Objection (Rav Huna bar Mano'ach): That is a lunatic!
Answer #2 (Rav Huna bar Mano'ach): She can distinguish between her Get and something else.
(Rav Yehudah, citing Rav Asi): If a child knows to discard a rock but keep a nut, he can acquire for himself, but not for others;
If one can deposit an item with him and he will return it later, he can acquire for himself and for others.
(Shmuel): Both of these children have the same law.
Question: What does Shmuel mean?
Answer (Rav Chisda): Either can acquire for himself, but not for others.
Question (against Rav Chisda - Rav Chinena Vardan - Mishnah): To make Shituf Mavo'os (an Eruv to allow carrying in an alleyway on Shabbos), one designates a barrel of wine for all members of the Mavoy. Someone acquires on their behalf;
The following can acquire - the donor's adult son or daughter, and his Eved or Amah ha'Ivriyim (male or female Yisrael slaves).
Question: What is the case of his Amah?
Suggestion: (After 12 years,) she brought hairs (of adulthood).
Rejection: If so she is free, she is not his slave!
Answer: Rather, she is still a minor. The Mishnah says that she can acquire for others!
Answer: Shituf Mavo'os is mid'Rabanan. Chachamim were lenient to allow her to acquire, but mid'Oraisa, she cannot acquire.
(Rav Chisda): Rav Chinena was silent.
Question: What could he have said?
Answer: All decrees of Chachamim were patterned on mid'Oraisa laws.