1)

(a)In a case where, during a chance meeting with the Shali'ach that he sent to deliver a Get to his wife, a husband negates the Sh'lichus the Tana rules that - the Sh'lichus is Bateil.

(b)He presents specifically this case to teach us that - in spite of the casual nature of the encounter, he seriously meant what he said.

(c)Even if the husband sends a second Shali'ach after the first one to negate his Sh'lichus - the Get is Bateil (See Tos. Yom-Tov).

2)

(a)If the husband goes directly to his wife or sends her a Shali'ach negating the Get, the Get is ...

1. ... Bateil - as long as it has not yet reached her hands (See Tos. Yom-Tov DH 'Kadam ... ' & 'O she'Shalach ... ') ...

2. ... but not once it has.

(b)We might have thought that the Get is Bateil even in the latter case - since the husband made the effort to travel to his wife's house to negate it or to send a Shali'ach there.

(c)If a man gives his wife a pre-dated Get or a Get that depends on a condition being fulfilled, he will no longer be able to negate it - only if he initially stipulated that the Get is to take effect 'from now until the date on the Get', or 'from now provided the condition is fulfilled'.

3)

(a)A husband who wished to negate the Get before his wife received it initially used to do so - in front of a Beis-Din (See Tos. Yom-Tov).

(b)Rabban Gamliel negated that custom - because of the terrible consequences that would result from the Shali'ach delivering the Get, unaware that the Get had already been negated.

(c)A husband who does negate the Get in this way - is subject to Malkos (See Tos. Yom-Tov).

(d)The same applies to a husband who is 'Moser Moda'a' - whispers to the two witnesses that the Get that he is about to write is not genuine.

4)

(a)Initially, in a Get there where the husband or the wife had different names in different countries, they used to write - the name by which they were known in the town where the Get was written.

(b)Rabban Gamliel ha'Zakein instituted - that they should write all the names by which they were known ...

(c)... to avoid the scenario where, the woman later remarries, and people claim that she is not divorced and that the children from her second husband are Mamzerim.

5)

(a)An Almanah may claim her Kesubah (See Tos. Yom-Tov) from the Yesomim - provided she first swears that she has not yet received any part of it.

(b)Beis-Din stopped asking Almanos to swear and they were unable to claim their Kesuvos - because in lieu of the household work they would do on behalf of the Yesomim, they would allow themselves to swear that they had not received even a small part of their Kesubah, even when they had (See Tos.Yom-Tov).

(c)To enable them to claim, Rabban Gamliel ha'Zakein instituted that the Yesomim may make her swear 'whatever they want', for example - 'Konem Miynei Mezonos alai (See Tos. Yom-Tov), im Neheneisi mi'Kesubasi' (if I received any part of my Kesubah, I will bew forbidden to eat such and such a kind of food).

6)

(a)The problem an Almanah creates by claiming her Kesubah only after she has remarried is - that her new husband is liable to be Meifer the above-mentioned Neder (See Tos. Yom-Tov).

(b)The Chachamim therefore instituted that - before she remarries, she swears outside Beis-Din, a Shevu'ah de'Rabbanan where the punishment is less severe (See Tos. Yom-Tov), and she may subsequently claim the Kesubah after she is married.

(c)In fact, even if the Almanah comes to claim her Kesubah before she remarries, the Chachamim gave the Yesomim a choice - to make her swear the more stringent Shevu'ah in Beis-Din or the more lenient one outside Beis-Din.

(d)The Mishnah refers to this as a 'Tikun ha'Olam' - because, on account of it, the women, knowing that they will be sure to receive their Kesubah, will more readily avail themselves for marriage.

7)

(a)Strictly speaking, witnesses are not required to sign a Get - because we rule 'Eidei Mesirah Karsi' (It is the witnesses who witness the handing over of the Get that are effective).

(b)When the Tana says that the witnesses sign on a Get because of 'Tikun ha'Olam', he means that - the Chachamim instituted it in case one of the Eidei Mesirah die.

(c)Hillel too, instituted a P'ruzbul because of 'Tikun ha'Olam'. Based on a Pasuk in Re'ei, he was coming to solve the problem - of creditors refusing to lend money to people who needed loans, for fear of losing it after the Sh'mitah.

(d)'P'ruzbul' is - a document handing over all the creditor's debts to so-and-so Dayanim, authorizing them to claim on his behalf ...

(e)... and a debt that is claimed by Beis-Din is considered as if it has already been claimed, in which case the Sh'mitah does not negate it.

8)

(a)The Mishnah discusses an Eved who has been captured and is redeemed - after the original owner gave up hope of retrieving him.

(b)Strictly speaking, he must serve his redeemer - provided he redeemed him on condition that he does.

(c)In the event that he has been redeemed in order to go free, he does not continue to serve his first master - because then nobody would redeem him (See Tos. Yom-Tov).

(d)Rabban Shimon ben Gamliel instituted that in the latter case, he continues to serve his first master (See Tos. Yom-Tov DH 'Rabban Shimon ben Gamliel Omer ... ' & DH 'Yishtabed') - because otherwise all Avadim will surrender themselves to bands of robbers, expecting someone to come and redeem them.

9)

(a)The Mishnah now discusses a man who designates his Eved as an Apotiki - a mortgage from which the creditor may claim exclusively, and then sets him free.

(b)'Apotiki' is the acronym of - 'Poh T'hei Ka'i' (you will claim from this [See Tos. Yom-Tov]).

(c)Strictly speaking, the Eved in question goes free. Because of Tikun ha'Olam however (See Tiferes Yisrael), the Chachamim instituted - that the creditor specifically sets him free.

(d)When the Tana Kama adds 've''Kosev Sh'tar al Damav', he means - that the Eved writes a Sh'tar obligating himself to pay his value (not the amount owing) to the creditor.

10)

(a)Rabban Shimon ben Gamliel agrees on principle, with the Takanah, only he maintains that - it is not the Eved who needs to pay the creditor ...

(b)... but the debtor ...

(c)... based on the principle - 'ha'Mazik Shibudo shel Chavero, Chayav' (Someone who damages what is Meshubad to a third person is obligated to pay for the damage that hye caused).

(d)The Halachah is - like Rabban Shimon ben Gamliel (See Tos. Yom-Tov).

11)

(a)The Mishnah now discusses someone who is half an Eved and half free, which means either that one of his two masters set him free and the other didn't, or that - his (sole) master received (from a third person) half his value and set him half free.

(b)Beis Hillel initially rules that he should - serve his master and be free on alternate days.

(c)When Beis Shamai said 'Tikantem es Rabo, ve'es Atzmo Lo Tikantem', they meant - that Beis Hillel set things straight on behalf of the master, but how about the Eved himself who remains unable to marry and have children, since he may marry neither a Shifchah nor a bas Chorin (See Tos. Yom-Tov) ...

(d)... and the Pasuk in Yeshayah says that "Hash-m did not create the world to remain empty, but to inhabit it!" (See Tos.Yom-Tov).

12)

(a)Beis Shamai therefore - obligates his master to set him free, and he (the Eved) writes a Sh'tar Chov obligating himself to pay half his value to his former master.

(b)If he belonged to a hundred masters one of whom set him free - the same Din will apply.

(c)Beis Hillel - conceded to Beis Shamai's ruling.

13)

(a)The Tana rules that if a master sells his Eved to ...

1. ... a Nochri who lives in Eretz Yisrael or to ...

2. ... a Yisrael who lives in Chutz la'Aretz - the Eved goes free.

(b)This is fine in the event that he runs away from his new master or back to Eretz Yisrael. If he doesn't - then his original master is obligated to buy him back and to set him free.

(c)This is a 'K'nas' (a penalty) for having sold him to a Nochri (thereby depriving him of some of the Mitzvos) or for having taken him away from Eretz Yisrael (See Tos. Yom-Tov Dh 'O le'Chutz la'Aretz']).

14)

(a)The Chachamim instituted a prohibition against ...

1. ... redeeming captives for more than their assessed value - to discourage the Nochrim from making a business out of Jewish captives.

2. ... enabling them to escape from their captors, according to the Tana Kama - so as not to encourage Nochrim from placing future Jewish captives in chains to prevent them from escaping.

(b)Rabban Shimon ben Gamliel says that it is (not because of 'Tikun ha'Olam, but) because of 'Tikun ha'Shevuyim' - to safeguard current captives (and not future ones).

(c)Consequently - helping a single captive to escape will be permitted.

(d)The Halachah is - like Rabban Shimon ben Gamliel (See Tos. Yom-Tov).

(e)The Mishnah forbids buying from Nochrim Sefarim, Tefilin and Mezuzos for exorbitant prices (See Tos. Yom-Tov).

15)

(a)The Mishnah discusses someone who divorces his wife on account of a bad name - a rumor that she committed adultery or on account of her having declared a Neder.

(b)He divorces the latter - because he does not want to live with a 'Nadranis' (a woman who makes Nedarim [See Tos. Yom-Tov]).

(c)The Tana says - that he is never allowed to take her back ...

(d)... even if ...

1. ... in the former case, the rumors turn out to be false.

2. ... in the latter case, his wife had the Neder annulled ...

(e)... in case, she remarries and he subsequently claims that had he known that either of these would happen, he would not have divorced her, in which case the Get will be Bateil and her children from the second marriage, Mamzerim (See Tos. Yom-Tov).

16)

(a)Rebbi Yehudah and Rebbi Meir disagree with the Tana Kama in the case of Neder. Rebbi Yehudah permits the husband to take her back - provided many people (Rabim) do not know about it ...

(b)By 'Rabim', he means - ten people.

(c)Because, according to him - the reason for the prohibition is so that the B'nos Yisrael should not be 'P'rutzos (easy-going) with regard to Nedarim and adultery (See Tos. Yom-Tov), and if only a few people know about it, it does not fall under the category of 'P'ritzus').

(d)The Chachamim issued the prohibition on the basis of a K'nas.

(e)Rebbi Meir permits the husband to take her back as long as the Neder does not require a Chacham to be Matir it. The reason he ascribes to the Takanah is - 'Kilkul', inasmuch as he can negate the Get by claiming that had he known that a Chacham can annul her Neder, he would never have divorced her.

17)

(a)According to Rebbi Eliezer, the Chachamim would not have decreed on Nedarim that require a Chacham to annul them - because, based on the assumption (Anan Sahadi) that a man does not want to live with a woman who makes Nedarim, his claim that had he known ... he would not have divorced her, would not have been accepted.

(b)And the reason that they decreed on Nedarim that the husband himself is able to annul is - because they were afraid that he will claim that had he known that he could have annulled her Neder, he would never have divorced her (See Tos. Yom-Tov) ...

(c)... and they decreed even on Nedarim that require a Chacham to be Matir them because of Nedarim that don't.

18)

(a)Rebbi Yossi b'Rebbi Yehudah relates the story that took place in Tzidon of a man who made a Neder to divorce his wife, who said - 'Ye'asru Kol Peiros ha'Olam alai Im Eini Megarshech!'

(b)For the story to be relevant, we need to add to the Mishnah - 'ba'Meh Devariom Amurim, ke'she'Nadrah Hi, Aval Nadar Hu ... Yachzir, ve'Lo Chayshinan le'Kilkula' (that if he made the Neder and nor her, he is permitted to take her back [See Tos. Yom-Tov]).

(c)Rebbi Yossi b'Rebbi Yehudah's reason is - because the basic Takanah is because of Tikun ha'Olam, as we explained, and that does not apply where the husband is the one to divorce his wife.

(d)The Halachah is - like Rebbi Yossi b'Rebbi Yehudah (See Tiferes Yisrael).

19)

(a)Rebbi Yehudah forbids a husband who divorced his wife because she is an Aylonis (See Tos. Yom-Tov DH 'ha'Motzi ... ' & 'Rebbi Yehudah ... ') to take her back - in case she remarries and has children, and her first husband then claims that, had he known she could have children he would not have divorced her.

(b)The Chachamim permit a husband who divorced his wife because he thought she is an Aylomis to take her her back.

(c)The Chachamim, in fact, is Rebbi Meir, whose reason is because the Get would be valid even if she turned out not to be an Aylonis. This is - because the Mishnah is speaking where the husband did not make a T'nai Kaful (a double condition 'I am divorcing you on condition that you are an Aylonis, and if you aren't, the Get will not be valid') and Rebbi Meir holds that a T'nai that is not doubled is invalid.

20)

(a)Rebbi Yehudah discusses a divorced 'Aylonis' who subsequently marries and has children - and who then comes and claims her Kesubah.

(b)He says that we tell her that - she would be better off if she remained silent ...

(c)... because otherwise her former husband will claim that had he known ... he would not have divorced her, in which case the Get will be Bateil and her children from her second husband Mamzerim (See Tos. Yom-Tov).

21)

(a)The Mishnah rules that if someone sells himself and his children to a Nochri, one is ...

1. ... forbidden to redeem him, ever, but ...

2. ... permitted to redeem his children - after his death (See Tos. Yom-Tov).

(b)The Tana issues this ruling - on condition that the perpetrator does this on an ongoing basis and not just once.

22)

(a)In a case where someone sells his field to a Nochri in Eretz Yisrael - the Tana obligates him to purchase the Bikurim each year and bring them to Yerushalayim ...

(b)... to discourage landowners from selling land in Eretz Yisrael to Nochrim (See also Tos. Yom-Tov).