REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
It is a Machlokes Amora'im whether a Shali'ach must give the Get to the wife in front of two or three people.
Two witnesses are requires to authenticate a Shtar.
One witness is believed to testify about Isurim if it is not Ischazeik Isura.
Two witnesses are required to testify about a Devar Ervah.
Reish Lakish says that when witnesses are signed on a Shtar it is regarded as if their testimony was interrogated by Beis Din.
The requirement to authenticate a Shtar is mid'Rabanan and in a situation of a potential Agunah the Rabanan waive the requirement. (1)
Rabah says that the Shali'ach does not say b'Fanai Nichtav Lishmah because the Shali'ach is liable to omit one of the three words. (2)
A woman who is a Shali'ach is believed to say B'Fanai Nichtav ub'Fanai Nichtam even if she is bringing the Get for herself.
Rabah Rava holds that the Shali'ach may say that I recognize the signatures in lieu of saying B'Fanai Nichtav ub'Fanai Nichtam, but Rabah argues. (3)
According to Rebbi Meir although a Get should not be written l'Chatchilah on something that is attached to the ground, b'Di'eved it is Kosher if it was detached before the witnesses signed on it.
The Tana Kama says that a Get that is written by the husband but lacks witnesses, or if it lacks a date, or if it has only one witness it is Paul but if she uses the Get a child that is born to her is Kosher.
Rebbi Eliezer says that a Get without witnesses is Kosher l'Chatchilah as long as it was given in front of witnesses. (4)
A BIT MORE
1. Therefore it is sufficient for the witness to testify B'Fanai Nichtav ub'Fanai Nichtam and no further authentication is required.
2. Therefore he says only B'Fanai Nichtav and since it is only two words he is not liable to omit one of them.
3. Rava holds that the reason for saying B'Fanai Nichtav ub'Fanai Nichtam is to authenticate the Shtar. Therefore, if they say that they recognize the signatures it is sufficient. However Rabah holds that the purpose of B'Fanai Nichtav ub'Fanai Nichtam is to testify that it was written l'Chatchilah Lishmah.
4. Because witnesses are only required on a Get for Tikun ha'Olam because of the possibility that the witnesses who saw the Mesiras ha'Get will die.
|
BRIEF INSIGHT
B'FANAI NICHTAV UB'FANAI NICHTAM
The Gemara says that Rabah holds that a person is liable to omit one of three words. The Rashash says that for that reason the Shali'ach says two separate statements B'Fanai Nichtav ub'Fanai Nichtam instead of saying b'Fanai Nichtav u'Nichtam. Since it is two statements consisting of two words each he is not liable to omit one of the words. If he would have said b'Fanai Nichtav u'Nichtam, since it is one statement of three words, he is liable to omit one of the words. Also, according to Rava the Shali'ach make two separate statements because his principle statement is B'Fanai Nichtam and B'Fanai Nichtav is only so that one will not think that authentication of a Shtar requires only one witness.
QUICK HALACHAH
HUSBAND'S CLAIM
If the husband comes and makes a claim we do not pay any attention to him. Therefore even women who hate each other are believed to bring her Get and say B'Fanai Nichtav ub'Fanai Nichtam. So too a Shali'ach who brings a Get from one place to another in Eretz Yisrael even though he is not obligated to say B'Fanai Nichtav ub'Fanai Nichtam if he does say it and the husband comes with a claim we do not pay attention to the claim. If the Shali'ach is not present at the time of the writing of the Get he should not give the Get to the woman until the signatures are authenticated. (Rambam Hilchos Gerushin 7:6,7)
|
Next Daf
Index to Revach for Maseches Gitin
|
