GITIN 32 - 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.

Perek ha'Shole'ach Get

1)

(a)Now that it is possible to cancel the Shelichus of a Get, what if, instead of intercepting the Shali'ach, the husband ...

1. ... sends a Shali'ach after him to do so?

2. ... goes directly to his wife and informs her that the Shelichus is canceled?

3. ... sends his wife a Shali'ach to inform her that he has canceled the Shelichus?

1)

(a)Now that it is possible to cancel the Shelichus of a Get it will make no difference whether he intercepts the Shali'ach personally, whether he ...

1. ... sends a Shali'ach after him to do so, whether he ...

2. ... goes directly to his wife and informs her that the Shelichus is canceled, or even if he ...

3. ... sends her a Shali'ach to inform her that he has canceled the Shelichus.

2)

(a)All that we just learned applies after Raban Gamliel ha'Zaken's Takanah. What could a man do before the Takanah in addition to all the above?

(b)Why did Raban Gamliel institute such a Takanah? What was he worried about?

2)

(a)All that we just learned applies after Raban Gamliel ha'Zaken's Takanah. Before the Takanah he was even permitted to form a Beis-Din and cancel the Shelichus without the Shali'ach or the woman knowing about the cancellation.

(b)Raban Gamliel instituted this Takanah because he was worried that the Shali'ach, not knowing about the cancellation, will hand the Get to the woman, who, not knowing about it either, will use the Get to go and remarry (when in fact, she is still married), and all her children from her second husband will be Mamzerim.

3)

(a)Why does the Tana write 've'Higi'a ba'Shali'ach', intimating that he met him by chance? Why did he not write 've'Higi'o' (meaning that he made a point of catching up with him)?

(b)And why did he find it necessary to add the case ...

1. ... 'O she'Shalach Acharav Shali'ach'?

2. ... 'Kadam Hu Etzel Ishto'?

3. ... 'O she'Shalach Etzlah Shali'ach'?

(c)And why did he need to teach us the Seifa 'Im mi'she'Higi'ah Get l'Yadah, Shuv Eino Yachol Le'vatlah'? Why is this not obvious?

3)

(a)The Tana writes 've'Higi'a ba'Shali'ach', intimating that he met him by chance (rather than 've'Higi'o' [which would imply that he made a point of catching up with him]) to teach us that even though he did not make any effort to catch up with him, we may not assume that he is merely pulling his wife's leg; but that, in spite of his casual approach, he really meant to cancel the Get.

(b)And he found it necessary to add the case ...

1. ... 'O she'Shalach Acharav Shali'ach' to teach us that even though both of them are Sheluchim, the second Shelichus has the power to negate the first one.

2. ... 'Adam Hu Etzel Ishto' that even if he went straight to his wife (and not to the Shali'ach), he is still not pulling her leg.

3. ... 'O she'Shalach Etzlah Shali'ach' that even then, when he might not really care so much for the Shali'ach's time and effort, he still means it seriously, and is not pulling her leg.

(c)He needed to teach us the Seifa 'Im mishe'Higi'ah Get l'Yadah, Shuv Eino Yachol Levatlah' even in a case where he had made every effort to cancel the Get before it reached her hand, in which case we might have said that, due to the revelation that he really had intended to cancel it, when he does informs her of the cancellation, it should take effect retroactively.

4)

(a)The Beraisa differentiates between the Lashon 'Batel Hu' and 'I Efshi Bo' on the one hand, and 'Pasul Hu' and 'Eino Get' on the other. Why is the former pair considered a valid cancellation, whereas the latter pair are not?

(b)Rabah bar Avuha says that if, after receiving a gift, the recipient declares 'Matanah Zu Mevuteles', 'Tibatel' or 'I Efshi Bah', the gift stands. What is the difference between these cases and 'Beteilah Hi', where the gift is indeed canceled?

(c)In the latter case, seeing as the gift is now in his domain, on what basis is he believed to say that he never received the gift, even if 'Beteilah Hi' does imply the past tense? Why should the recipient not require witnesses?

(d)How does Abaye reconcile this apparent discrepancy? Why is it that by Get 'Batel Hu' implies the future, whereas by Matanah, it implies the past?

4)

(a)The Tana of the Beraisa differentiates between the Lashon 'Batel Hu' and 'I Efshi Bo' on the one hand, and 'Pasul Hu' and 'Eino Get' on the other. The former pair is considered a valid cancellation because both Leshonos imply the future tense (pertaining to the Shelichus), following the regular cancellation process; whereas the latter pair are not because both Leshonos imply that he is coming to declare the Get invalid (when really, it is perfectly Kosher), rather than the Shelichus.

(b)Rabah bar Avuha says that if, after receiving a gift, the recipient declares 'Matanah Zu Mevuteles', 'Tibatel' or 'I Efshi Bah', the gift stands because these Leshonos imply the future tense, and, having acquired the gift, it is not possible to become rid of it without a Kinyan; whereas if he says 'Beteilah Hi', the gift is indeed canceled because it implies the past tense, and what he is saying is that he did not accept it in the first place.

(c)In the latter case, despite the fact that the gift is now in his domain, the gift is canceled, because, since 'Beteilah Hi' implies the past tense we apply the principle that (as far as money matters are concerned) 'Hoda'as Ba'al Din k'Me'ah Edim Dami' (the confession of the person himself is as good as a hundred witnesses), and no witnesses are required.

(d)Abaye reconciles this apparent discrepancy (that by Get, 'Batel Hu' implies the future, whereas by Matanah, 'Beteilah Hi' implies the past) by pointing out that 'Batel Hu' really has a dual meaning, in that it can mean both the past and the future, in which case we take for granted that whoever uses the Lashon, intends to use it in a way that is effective.

32b----------------------------------------32b

5)

(a)In which regard did Abaye say that a Shali'ach Matanah is like a Shali'ach ha'Get?

(b)Ravina found Rav Nachman bar Yitzchak leaning on the door-post, seemingly flummoxed by the She'eilah whether 'Batel' will be effective without adding 'Hu'. What is the outcome of this She'eilah?

(c)What is the difference cited by Rav Sheshes (or the Beraisa) between the Lashon 'Get Zeh Lo Yo'il', 'Lo Yatir' ... 'Lo Yegaresh', 'Yehei Cheres', 'Yehei k'Cheres' on the one hand, and 'Get Zeh Eino Mo'il', 'Eino Matir' ... 'Eino Megaresh', 'Cheres Hu', 'k'Cheres Hu' on the other?

(d)Ravina asked Rav Acha Brei d'Rava (or the latter asked Rav Ashi) what the Din will be if one said 'Harei Hu Cheres'. How did the latter reply with a straightforward proof from Hekdesh (where 'Harei Hu Hekdesh' is effective [as it also is by Hefker])? What did he prove from there?

5)

(a)Abaye say that a Shali'ach Matanah is like a Shali'ach ha'Get with regard to 'Holech Lav Ki'Z'chi' (meaning that, in spite of the principle 'Zachin l'Adam she'Lo b'Fanav', if someone says to his \Shali'ach 'Holech Matanah li'Ploni', the recipient has not yet acquired it, and the donor is able to retract).

(b)Ravina found Rav Nachman bar Yitzchak leaning on the door-post, seemingly flummoxed by the She'eilah whether 'Batel' will be effective without adding 'Hu'. The outcome of this She'eilah is 'Teiku'.

(c)The difference cited by Rav Sheshes (or the Beraisa) between the Lashon 'Get Zeh Lo Yo'il', 'Lo Yatir' ... 'Lo Yegaresh', 'Yehei Cheres', 'Yehei k'Cheres' on the one hand, and 'Get Zeh Eino Mo'il', 'Eino Matir' ... 'Eino Megaresh', 'Cheres Hu', 'ke'Cheres Hu' on the other, is that the former are all effective (because they imply the future), whereas the latter are not (because they imply the past).

(d)Ravina asked Rav Acha Brei d'Rava (or the latter asked Rav Ashi) what the Din will be if he said 'Harei Hu Cheres'. He replied with a straightforward proof from Hekdesh (where 'Harei Hu Hekdesh' is effective [as it also is by Hefker]), proving that 'Harei Zeh' always implies the future.

6)

(a)We ask whether, once the husband has canceled the Get, he is permitted to use it at a later stage. What is the basis of the She'eilah?

(b)Rav Nachman permits him to do so. What does Rav Sheshes say?

(c)Like whom is the Halachah?

6)

(a)We ask whether, once the husband has canceled the Get, he is permitted to use it at a later stage. The basis of the She'eilah is whether he cancels the Shelichus or the Get (which is possible as long as it has not been sent see Tosfos DH 'Rav Sheshes').

(b)Rav Nachman permits him to do so. Rav Sheshes forbids it.

(c)The Halachah is like Rav Nachman.

7)

(a)What does Rebbi Yochanan say about a man who gives a woman money betrothing her after thirty days, and then cancels the Kidushin?

(b)Seeing as we rule like Rebbi Yochanan in this case, and the Kidushin is Batel, how can we rule like Rebbi Nachman, who maintains that the Get is not Batel? Why should the Get be any different than the Kidushin?

7)

(a)Rebbi Yochanan says that if a man gives a woman money betrothing her after thirty days, and then cancels the Kidushin the Kidushin is canceled.

(b)Despite our ruling like Rebbi Yochanan in this case, to declare the Kidushin Batel, we nevertheless rule like Rebbi Nachman, who maintains that the Get is not Batel because in the case of Kidushin, it is not the money that he cancels (which in fact, can be used again for the same purpose), only the Kidushin, which is no more than words. Likewise here, he is canceling the Shelichus, and not the Get (which, like the money, can be used again).

8)

(a)Before Raban Gamliel's Takanah, it was possible to cancel the Get in front of a Beis-Din. According to Rav Nachman, the Beis-Din may comprise two people. What does Rav Sheshes say?

(b)If, as Rav Nachman maintains, two people are also considered a Beis-Din, why do we normally require three?

8)

(a)Before Raban Gamliel's Takanah, it was possible to cancel the Get in front of a Beis-Din. According to Rav Nachman the Beis-Din here may comprise two people whereas Rav Sheshes requires three.

(b)Rav Nachman maintains here that two people are also considered a Beis-Din because they are not issuing rulings, only imparting information, whereas elsewhere, where they are issuing rulings, and a majority opinion is generally sought, three are required.

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