REVACH L'DAF
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| GITIN 73 (10 Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740. |
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SUMMARY
A BIT MORE
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BRIEF INSIGHT
K'DAS MOSHE V'YISRAEL
When a person is Mekadesh a wife he does so in accordance with the Da'as of the Rabanan. Tosfos explains for that reason we say at the time of Kidushin k'Das Moshe v'Yisrael. The Pnei Yehoshua asks that in a Get it is also written k'Das Moshe v'Yisrael so why don't we say that anyone who divorces his wife does so in accordance with the Da'as of the Rabanan and the Rabanan said that a Shechiv Mera who gives a Get may not retract if he recovers. The Pnei Yehoshua answers that the Rabanan do not have the authority to validate a Get that is Batel. Although they have the power to uproot a Kidushin by means of turning the Kesef into a gift or by making the Bi'ah into a Bi'as Znus, it is impossible to validate a non-Kosher Get.
QUICK HALACHAH
GET OF A SHECHIV MERA
A Shechiv Mera who wrote a Get for his wife and he divorced her and then he recovers he may not retract the Get because a Get is not the same as a gift; if he would be permitted to retract a Get people may think that a person may give a Get after death just as his gift is only Koneh after death. If someone says that this shall be a Get from today if I die from this illness and a house collapsed on him or he was bitten by a snake or killed by a lion it is not a Get. If he says that this shall be a Get if I don't recover from this illness and a house collapsed on him or he was bitten by a snake or killed by a lion it is a Safek Get. (Rambam Hilchos Gerushin 9:16,17,18)
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