REVACH L'DAF
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SUMMARY
If the Shali'ach who is a Talmid Chacham loses a Get and he has a Tevi'as Ayin on the Get (he recognizes it) the Get is Kosher even if he finds it after a while. (1)
If a Get is found if the husband admits that it fell from his wife it shall be returned, but otherwise it shall not be returned to either of them.
It is a Machlokes if a husband loses the right to the fruit Nichsei Melug of his wife as soon as he decides to divorce her or only at the time that the Get is given.
If someone finds a Shtar Chov it should not be returned even if the borrower admits that he owes the money because of the concern that the Shtar was written in Nisan and not given until Tishrei. (2)
If someone finds a Shtar Shichrur, if the master admits that it fell from the servant it should be given to him but otherwise it shall not be returned to either one of them.
It is a Machlokes if it is a Zechus or a Chov for a servant to be freed. (3)
Abaye says that when witnesses sign on a Shtar the Ba'al ha'Shtar is immediately Zocheh in the Meshubadim.
If a person gives a gift from today and after death it is similar to a gift of a Shechiv Mera and the recipient is only Koneh after death. (4)
If someone finds a gift document, or a Daitiki (a gift of a Shechiv Mera) it should not be returned because of the concern that it was written but had never been given.
If they both admit that it fell from the recipient if it is a Matnas Shechiv Mera and he is still alive the Shtar shall be returned to the recipient. (5)
If it is a Matnas Bari (a healthy person) and he admits that it fell from the recipient, or if it is a Matnas Shechiv Mera and he has since died and the son says to give it to the recipient it shall not be given. (6)
If someone finds a receipt which states that a woman received her Kesuvah if the woman admits that it fell from her husband it shall be given to him, but otherwise it shall not be returned to either one of them.
A BIT MORE
1. However, an Aveidah is not returned to an Am ha'Aretz with Tevi'as Ayin because we do not trust that he really recognizes it.
2. We are concerned that the Ba'al ha'Shtar will collect illegitimately from the Lekuchos from Nisan, however we do not have the same concern with a Get that maybe the Get was written in Nisan and wasn't given until Tishrei because if she tries to be Motzi the fruit of her Nichsei Melug from Nisan the Lekuchos will say being proof when the Get came into your hand. However the Lekuchos will not insist that a Ba'al ha'Shtar bring proof when the Shtar came into his hands because they will think that if the Rabanan gave him back the Shtar they must have determined that it was not predated, but they will not have the same thought regarding a Get because a Get would be given back to her even if it is predated so that she can get remarried.
3. According to one opinion it is a Zechus for a servant to be freed because it permits him to marry a Bas Yisrael while according to another opinion it is a Chov because if he is a servant of a Kohen he may no longer eat Terumah and even if he is a servant of a Yisrael he may no longer marry a maidservant which he prefers over a Bas Yisrael because she is more Pritzus.
4. He is Koneh the Guf of the land from today but he is only Zocheh in the fruit after death.
5. We are not concerned that it had been written and was never given and he gave it in the interim to someone else and now he changed his mind and wants to give it to this person and that is why he is admitting that it fell from him because even if that was the case since it is a Matnas Shechiv Mera and a person has the right to back out of a Matnas Shechiv Mera the person whose Shtar is dated last is the one who is Zocheh and therefore if he had written this Shtar first and than wrote a Shtar for a second person the second person will be Koneh since his Shtar is dated last.
6. We do not give him the Shtar because of the concern that the Shtar was written by the Bari or the father who was a Shechiv Mera and it was not given and in the interim the Bari or the son of the Shechiv Mera wrote a Shtar for the same land to a different person and now he has a change of heart and wants this person to be Zocheh and since this Shtar is dated first he will be Zocheh, even though in truth the second person is the one who owns the land since he received his Shtar first, therefore we tell him if it is true what you are saying that this person is the one who is Zocheh in the land go write him a new Shtar with the date of today and if you had not given it to anyone else in the interim he will be Zocheh.
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BRIEF INSIGHT
A PREDATED GET
If a Get is found and the husband admits that it fell from the wife it is given to her. Even though it is possible that it was written in Nisan and given in Tishrei we return it to her because the Lekuchos will insist that she brings proof before she collects the fruit of the Nichsei Melug that the husband sold after the date of the Shtar. The Nimukei Yosef says that even if it is certain that the husband wrote the Get in Nisan and gave it in Tishrei the Get is Kosher is Kosher, even though a Shtar that is predated is Pasul, however since it is not common for a husband to write a Get and not give it immediately to his wife therefore the Rabanan did not decree that a predated get is Pasul. Additionally, a Get is mainly for the purpose of allowing her to remarry and regarding her remarriage it is not relevant if it is predated, the only relevancy is regarding collecting the fruit for the Lekuchos, while the purpose of a Shtar is to collect with it and therefore if it is predated and there is a possibility that he may collect from the Lekuchos illegitimately it is Pasul.
QUICK HALACHAH
TEVI'AS AYIN
If someone finds the type of utensil that all of the utensils look the same if it is a new utensil he may keep it, but if it is old enough for the owner to have a Tevi'as Ayin on it he must announce it because if a Talmid Chacham comes along he must show it to him and if he says that even though he doesn't have a Siman he has a Tevi'as Ayin he must return it to him if he is a person who never veers from the truth with the exception of Divrei Shalom, Masechta, Puriya or Ushpiza and that he is careful to wear his clothing in such a way that the seams are not showing. He is only Chayav to announce the Metzi'ah if he finds it in a place where Talmidei Chacham are found, such as in a Beis ha'Midrash, but otherwise he is not Chayav to announce it. Every Talmid Chacham is b'Chezkas that he doesn't veer from the truth unless proof is brought that he is not truthful. (Shulchan Aruch CM 262:21)
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