12th CYCLE DEDICATION
GITIN 72 - Today's Daf has been sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

1)

THE COMMAND TO WRITE A GET (cont.)

(a)

Objection #2: R. Yosi does not agree that Mili may be transferred when he tells the Shali'ach to appoint another Shali'ach!

1.

(Mishnah): If a scribe wrote a Get and one witness signed it, it is valid.

2.

(R. Yirmeyah): The text of the Mishnah says that the scribe (also) signed the Get.

3.

(Rav Chisda): The Mishnah is like R. Yosi, who says that Mili may not be transferred to another Shali'ach.

4.

(Summation of question): If R. Yosi agreed that Mili can be transferred when the Shali'ach was told to do so, disaster could result!

i.

If a man asked two Sheluchim to ask Reuven (a scribe) to write a Get, and to ask David and Moshe to be witnesses and sign it, the Sheluchim might be concerned for Reuven's disgrace. They might ask him to be one of the witnesses, even though the husband did not authorize this (and the Get will be Pasul)!

(b)

Conclusion: Rather, the Reisha is R. Meir, and the Seifa is like R. Yosi.

(c)

Answer #5 (Rav Ashi): The entire Mishnah is like R. Yosi;

1.

The Mishnah teaches that not only when he did not say 'give', but even when he said 'give', the Get is Pasul;

2.

This is not only when he did not tell three people. Rather, it is Pasul even when he told three;

3.

This is not only when he did not say 'tell (a scribe and witnesses)'. Rather, it is Pasul even when he said 'tell'.

(d)

Support (Beraisa): If a scribe wrote a Get Lishmah and witnesses signed it Lishmah, and they gave it to the husband and he gave it to his wife, it is valid only if the scribe and witnesses heard the husband's voice command them.

1.

'They will hear (his voice)' shows that it is not enough that he instructs Sheluchim to command them;

2.

'The husband's voice' teaches unlike Rav Kahana (71a, who said that if a Cheresh can communicate by writing, we write and give a Get to his wife).

2)

A GET ON CONDITION THAT ONE DIES

(a)

(Mishnah): If when Reuven gave his wife a Get, he said 'this Get will be valid if I die', 'this is your Get from (after) this sickness' or 'this is your Get after my death', the Get does nothing;

(b)

If he said 'this is your Get from today if I die', or 'this is your Get from now if I die', the Get is valid.

(c)

If he said 'this is your Get from now and after my death', she gets the stringencies of being divorced and still married. If she falls to Yibum, she does Chalitzah, but not Yibum.

(d)

If he said 'this is your Get from today if I die from this sickness', and he recovered enough to walk in the market, then fell sick and died, we evaluate:

1.

If he died from the initial illness, the Get is valid. If not, it is not.

(e)

(Gemara) Inference: When he says 'if I die', it is Pasul. We must say that this is like saying 'after I die.'

(f)

Question (Seifa): If he said 'this is your Get from now if I die', the Get is valid. This shows that 'if I die' is not like saying 'after I die'!

(g)

Answer (Abaye): 'If I die' has two connotations: from now, or after death;

1.

If he prefaces it by saying 'from today', it means from now. If not, it means after death.

3)

DOES THE HALACHAH FOLLOW OUR MISHNAH?

(a)

Version #1 (Mishnah): If one said 'this Get will be valid if I die', the Get does nothing.

(b)

(Rav Huna): If he died without children, the widow does Chalitzah.

(c)

Question: The Mishnah says that the Get does nothing!

(d)

Answer #1: It does nothing to permit her to marry a stranger, but she is also forbidden to the Yavam.

(e)

Objection: The Seifa says that she does Chalitzah. This implies that in the Reisha, she may do Yibum!

(f)

Answer #2: The Mishnah is like Chachamim; Rav Huna's law is like R. Yosi, who says that the date on a document proves when it takes effect (in our case, from when it was given).

(g)

Question: According to R. Yosi, Chalitzah should not be needed. She was divorced immediately, before he died!

1.

Suggestion: Rav Huna is unsure whether or not the Halachah follows R. Yosi.

2.

Rejection: The following episode shows that he was sure!

i.

Rav Huna asked Rav Nachman to ask Rabah bar Avuha whether the Halachah follows R. Yosi or not.

ii.

Rabah bar Avuha (citing Rav): The Halachah follows R. Yosi.

iii.

Question (Rav Nachman): What is R. Yosi's reasoning?

iv.

Answer (Rav Huna): The date on a document proves when it takes effect.

(h)

Answer #1: Rather, Rav Huna is unsure whether R. Yosi said this even if the condition was not written in the document, but was stated verbally.

72b----------------------------------------72b

(i)

Objection: Was Rav Huna really unsure about this?!

1.

(Mishnah): If one said 'this Get should take effect if I do not return within 12 months', and he died within 12 months, the Get is Pasul.

2.

(Beraisa): Chachamim permitted her to get married (without Chalitzah).

3.

(Rav Yehudah): These Chachamim are the Beis Din that permitted the oil of Nochrim. They hold like R. Yosi, who says that the date on a document proves when it takes effect. (Surely, Rav Huna agrees!)

(j)

Answer #2: Rather, Rav Huna was unsure whether or not the Halachah follows R. Yosi regarding a verbal condition.

(k)

Question: Is this really so?!

1.

(Rava): If one said 'this is your Get if I die', or 'for I will die', the Get is valid;

i.

If he said 'when I will die' or 'after my death', it is Pasul.

2.

Question: What is the case?

i.

Suggestion: He said 'from today', and it is like Chachamim.

ii.

Rejection: The Mishnah already teaches that if he said 'from today if I die', the Get is valid!

3.

Answer: Rather, he didn't say 'from today', and it is like R. Yosi.

4.

This shows that the Halachah follows R. Yosi even regarding verbal conditions!

(l)

Answer #1: Rava was sure, but Rav Huna was unsure.

(m)

Answer #2: Really, Rava discusses according to Chachamim, when he said 'from today.' He came to teach about two expressions that are not taught in the Mishnah:

1.

'For I will die' is like 'if I die';

2.

'When I will die' is like 'after I die.'

(n)

Version #2 (Mishnah): If one said 'this is your Get after my death', the Get does nothing.

(o)

(Rav Huna): According to R. Yosi, if he died without children, the widow does Chalitzah.

(p)

Question: This is obvious!

1.

In the Seifa, when he said 'from today and after I die', Chachamim say that she does Chalitzah. Since R. Yosi holds that the date on a document proves when it takes effect, saying 'after my death' is like saying 'from today and after my death', so she will also require Chalitzah!

(q)

Answer: One might have thought that R. Yosi holds like Rebbi, who says that the Get is valid and Chalitzah is not needed;

1.

Rav Huna teaches that this is not so. Rebbi does not hold like R. Yosi, nor does R. Yosi hold like Rebbi.

2.

Question: To what teaching of Rebbi do we refer?

3.

Answer (Beraisa): If one said 'this is your Get from today and after I die', she gets the stringencies of being divorced and still married. If she falls to Yibum, she does Chalitzah, not Yibum;

i.

Rebbi says, such a Get is valid.

4.

Question: To which teaching of R. Yosi do we refer?

5.

Answer (Mishnah): If one said 'write and give a Get to my wife if I do not return within 12 months', if they wrote the Get within 12 months and gave it after 12 months, the Get is Pasul;

i.

R. Yosi says, it is valid.

4)

THE GET OF A SHECHIV MERA

(a)

(Mishnah): If one said 'this is your Get from today if I die from this sickness', and was Omed (recovered) and walked in the market...

(b)

(Rav Huna): The Get of a Shechiv Mera (a sick person who fears lest he die) is like a gift he gives. Just like he can retract a gift if he recovers (he gave it only because he expected to die), he can retract his Get (for the same reason).

1.

Also, if he said to write a Get, we give it, even though he didn't say 'give'. Also regarding a gift, if suffices if he said 'write', even though witnesses didn't acquire on behalf of the recipient.

(c)

(Mishnah): If one said 'this is your Get from today if I die from this sickness', and was Omed and walked in the market, then fell sick and died, we evaluate:

1.

If he died from the initial illness, the Get is valid. If not, it is not.

2.

Question: If he can retract, why must we evaluate the cause of death?

i.

Rav Huna says that if he gets better, he retracts. He got better!

3.

Answer: (Mar brei d'Rav Yosef): The case is, he contracted a new sickness just when he was cured of the first sickness.

4.

Question: The Mishnah says that he was Omed!

5.

Answer: He recovered from one sickness and caught another sickness.

6.

Question: The Mishnah says that he walked in the market!

7.

Answer: He walked with help of a staff. It teaches that only if he walked on his staff we must estimate. If not, we assume that he died from the first illness.

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