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)

(a)What does Rava say about a man who gives the Get for his wife to his Eved, whom he writes out as a gift to her?

(b)We query this from the Din of a Chatzer Mehaleches. What is a 'Chatzer Mehaleches'? What is the problem?

(c)Then on what grounds is the woman divorced in the above case?

(d)Why can we not answer that Rava is speaking when the woman received the Get whilst the Eved was standing still?

1)

(a)Rava says that if a man gives the Get for his wife to his Eved, whom he writes out as a gift to her that she acquires the Eved and the Get is valid.

(b)We query this from a 'Chatzer Mehaleches' a walking Chatzer, which cannot acquire on behalf of its owner.

(c)And the reason that that the woman is divorced in the above case is because Rava is talking about an Eved who is trussed up, and unable to walk.

(d)We cannot answer that Rava is speaking when the woman received the Get whilst the Eved was standing still because Rava has already taught that a Chatzer that cannot acquire whilst it is walking, cannot acquire when it is standing still either.

2)

(a)Rava repeats the same Halachah with regard to a Get which the husband placed in his Chatzer, before being Makneh her the Chatzer. Why might we have thought that the woman is not divorced ...

1. ... in the latter case, even though she is divorced in the earlier case?

2. ... in the former case, even though she is divorced in the latter case?

(b)What is the case of 'Chatzer ha'Ba'ah l'Achar mi'Ka'an'?

2)

(a)Rava repeats the same Halachah with regard to a Get which the husband placed in his Chatzer, before being Makneh her the Chatzer. We might have thought that the woman is not divorced ...

1. ... in the latter case even though she is divorced in the earlier case because we might have thought that we decree on account of 'Chatzer ha'Ba'ah l'Achar mi'Kan' (a Chatzer that comes afterwards, which will be explained shortly).

2. ... in the former case, even though she is divorced in the latter case because there we might have thought that we will decree an Eved that is trussed up on account of one that is not.

(b)The case of 'Chatzer ha'Ba'ah l'Achar mi'Kan' is where her husband placed her Get in somebody else's Chatzer, who subsequently sold it or gave it to her, in which case the woman will not be divorced, because it was not her husband who gave her the Get.

3)

(a)What does Abaye ask on Rava, based on the assumption that Chatzer is a derivative of Yad?

(b)How does Rav Simi bar Ashi counter Abaye's Kashya from a Shali'ach l'Kabalah (who is appointed by the woman)?

(c)How does Abaye refute Rav Simi bar Ashi's Kashya on the grounds that ...

1. ... he considers Rav Simi bar Ashi's theory erroneous?

2. ... Shelichus l'Kabalah can also occur against her will. In which case is that?

3)

(a)Based on the assumption that Chatzer is a derivative of Yad, Abaye queries Rava in that just as the Yad of a woman can receive her divorce even against her will, her Chatzer should be able to do likewise, whereas the Eved in our case cannot acquire against her will, seeing as she has the right to decline to accept him.

(b)Rav Simi bar Ashi asks on Abaye from a Shali'ach l'Kabalah (who is appointed by the woman) who can only be appointed with the woman's consent, even though Yad can acquire against her will.

(c)Abaye refutes Rav Simi bar Ashi's Kashya on the grounds that ...

1. ... he considers Rav Simi bar Ashi's theory erroneous since (unlike Chatzer) Shelichus is not derived from Yad at all, but from the Pasuk "v'Shilach" 've'Shilchah'.

2. ... Shelichus l'Kabalah can also occur against her will there where her father appointed a Shali'ach to receive her Get.

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

4)

(a)Considering that it is possible to sever the horn from the cow, we ask why our Mishnah requires the husband to give his wife the cow on whose horn the Get is written. Why do we not ask the same Kashya with regard to the Get that is written on the Eved's hand? There too, it would be possible to cut off his hand, even if the Eved would still belong to her husband?

(b)How do we answer the initial Kashya?

4)

(a)Considering that it is possible to sever the horn from the cow, we ask why our Mishnah requires the husband to give his wife the cow on whose horn the Get is written. We do not ask the same Kashya with regard to the Get that is written on the Eved's hand because it would be forbidden to cut it off, seeing that he is obligated to fulfill all the Mitzvos.

(b)We answer the initial Kashya by quoting the Pasuk "v'Kasav ... v'Nasan Lah", implying that the sequence is writing and immediately giving, and not writing severing and giving (i.e. that nothing should need to interrupt between the writing of the Get and giving it to the woman).

5)

(a)The Torah writes "v'Kasav Lah Sefer Kerisus". If, as Rebbi Yosi ha'Glili understands, "Sefer" is restrictive, and consequently "v'Kasav Lah" comes to validate any surface for writing a Get, what does he learn from "Sefer"?

(b)On what grounds do the Rabanan disagree with Rebbi Yosi ha'Glili?

(c)According to them, why does the Torah then write "Sefer"?

(d)The Rabanan, who do not need a Pasuk to include any surface (seeing as "Sefer" does not imply a restriction) learn from "v'Kasav Lah" that a woman can only be divorced through Kesivah (a Get), but not through money. Why would we have thought that she can?

5)

(a)The Torah writes "v'Kasav Lah Sefer Kerisus". If, as Rebbi Yosi ha'Glili understands, "Sefer" is restrictive, and consequently "v'Kasav Lah" comes to validate any surface for writing a Get, he will learn from "Sefer" that a Get written on anything that has life or that is eaten is invalid.

(b)The Rabanan disagree with Rebbi Yosi ha'Glili because the Torah writes "Sefer", and not "ba'Sefer".

(c)According to them the Torah writes "Sefer" to teach us that one the wording of the Get must be recorded (on any surface).

(d)The Rabanan, who do not need a Pasuk to include any surface (seeing as "Sefer" does not imply a restriction) learn from "v'Kasav Lah" that a woman can only be divorced through Kesivah (a Get), but not through money We would otherwise have thought that she can due to the Hekesh "v'Yatz'ah v'Hayesah", which compares Gitin to Kidushin.

6)

(a)What does Rebbi Yosi ha'Glili learn from the juxtaposition of "Sefer" to "Kerisus"?

(b)What do the Rabanan learn from "Sefer Kerisus"?

(c)Rebbi Yosi ha'Glili learns this from "Kares" 'Kerisus'. What do the Rabanan learn from there?

(d)Based on the previous Derashah, what will be the Din if a man says to his wife 'Here is your Get on condition that you ...

1. ... never go back to your father's house'?

2. ... do not return to your father's house for thirty days'?

6)

(a)Rebbi Yosi ha'Glili learns from the juxtaposition of "Sefer" to "Kerisus" what the Rabanan learn from "v'Kasav" (that a woman can only be divorced through Kesivah [a Get], but not through money).

(b)The Rabanan learn from "Sefer Kerisus" that the Get must sever all connections between husband and wife.

(c)Rebbi Yosi ha'Glili learns this from "Kares" 'Kerisus'; whereas according to the Rabanan "Kares" 'Kerisus' does not incorporate two Derashos.

(d)Based on the previous Derashah, if a man says to his wife 'Here is your Get on condition that you ...

1. ... never go back to your father's house' the divorce is not valid (because their relations will never be completely severed.

2. ... do not return to your father's house for thirty days' it is, because in thirty days time, their relations will be completely severed.

7)

(a)Why can one not write a Get on Mechubar (something that is connected to the ground)?

(b)What does the Tana Kama say about a Get that is written on Mechubar?

(c)What does Rebbi Yehudah say?

7)

(a)One cannot write a Get on Mechubar (something that is connected to the ground because of the Pasuk "v'Kasav v'Nasan" and not 've'Kasav, v'Katzatz v'Nasan".

(b)The Tana Kama says that a Get that is written on Mechubar is valid, provided it was Talush (detached) before it was signed and handed over.

(c)Rebbi Yehudah requires the Kesivah, as well as the Chasimah, to take place on Talush.

8)

(a)Rebbi Yehudah ben Beseira invalidates a Get that is written on parchment on which something was already written and erased, or that is written on Diftera (which will be explained later). Why is that?

(b)What do the Chachamim say?

8)

(a)Rebbi Yehudah ben Beseira invalidates a Get that is written on paper on which something was already written and erased, and one that was written on Diftera (which will be explained later) because we suspect that the woman will erase any condition that her husband wrote on the Get, and because the parchment has already been written on, it will not be noticeable.

(b)The Chachamim validate it.

9)

(a)How do Rav Yehudah Amar Rav and many other Amora'im explain the fact that, after invalidating a Get that is written on Mechubar, the Tana then go on to teach us what the Din will be if it nevertheless was?

(b)Why must the author of our Mishnah, which requires the Get to be written on Talush, be Rebbi Elazar?

(c)Seeing as the main part of the Get is the Toreif, why did Rebbi Elazar forbid writing the Tofeis on Mechubar?

9)

(a)Rav Yehudah Amar Rav and many other Amora'im explain that when, after invalidating a Get that is written on Mechubar, the Tana then goes on to teach us what the Din will be if it was he is speaking where the husband only wrote the Tofeis (the secondary details), but left the Toreif (the names of the husband, the wife and the date) blank, to fill in after it has been detached.

(b)The author of our Mishnah, which requires the Kesivah of the Get to be on Talush, but not necessarily the Chasimah, must be Rebbi Elazar (who does not require Chasimah min ha'Torah at all).

(c)Despite the fact that the main part of the Get is the Toreif, Rebbi Elazar nevertheless forbids writing the Tofeis on Mechubar because he decrees the Tofeis on account of the Toreif.

10)

(a)Reish Lakish establishes the Seifa by the Chasimah (meaning that in the Seifa, the Tana comes to stress that the Chasimah was performed b'Talush). Who is then the author of our Mishnah?

(b)How does Reish Lakish then explain ...

1. ... the Reisha ('Ein Kosvin')?

2. ... the Seifa ('Kasvo b'Mechubar ... ')?

10)

(a)Reish Lakish establishes the Seifa by the Chasimah (meaning that in the Seifa, the Tana comes to stress that the Chasimah was performed b'Talush) in which case, the author will be Rebbi Meir, who holds 'Eidei Chasimah Karsi'. Consequently, it is the Chasimah which must be performed b'Talush.

(b)Reish Lakish explains ...

1. ... the Reisha ('Ein Kosvin') to mean that one may not write the Toreif on Mechubar, in case one comes to sign it b'Mechubar.

2. ... the Seifa ('Kasvo b'Mechubar ... ') that even if he did write the Toreif b'Mechubar, it is still Kosher, as long as he had it signed b'Talush.

11)

(a)If a man writes a Get on a holed flower-pot and gives it to his wife, she is divorced. Why might we have thought otherwise?

(b)According to Abaye, the same will apply to a Get that he wrote on a leaf that is growing in a holed flower-pot. What does Rava say?

(c)Why does Rava draw a distinction between the two cases? Why is the Get that is written on a flower-pot Kosher, and the one that is written on a leaf, Pasul?

11)

(a)If a man writes a Get on a holed flower-pot and gives it to his wife, she is divorced. We might have thought otherwise because he may first break the flower-pot into pieces and give her the piece containing the Get (which would be Pasul because of "v'Kasav v'Nasan" and not 've'Kasav v'Katzatz v'Nasan'.

(b)According to Abaye, the same will apply to a Get that he wrote on a leaf that is growing in a holed flower-pot. Rava however, holds that the Get is Pasul in case the husband decides to detach the leaf before handing the Get to his wife, which will be Pasul because, seeing as the flower-pot is holed, the leaf is considered joined to the ground, and he will have picked the Get from Mechubar, which is Pasul.

(c)The reason that Rava validates the Get that is written on the flower-pot, but invalidates the one that is written on a leaf is because whereas in the latter case, he is likely to tear off the leaf before handing it to his wife, in the former, he is unlikely to break the flower-pot (seeing as it is a useful object [see Tosfos Rid, beginning of 22a].