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1. Insights regarding Bereirah 2. Zevachim 003: Insights regarding Bereirah
DAF DISCUSSIONS - ZEVACHIM 3

Bernie asked:

The Kollel wrote the following sentence -

>> Since the husband did not have in mind any specific wife when the Get was written, the Get was not written she'Lo Lishmah, and nevertheless the Get is Pasul.<<

This is incorrect. The get was written she'lo lishmah for each wife.

Thanks,

Bernie

The Kollel replies:

The quote you cite was an explanation of the Gemara's question. The Gemara must have understood at that point that the Get was considered to have been written Setama, or else it would not be able to prove from that Mishnah that Setama is Pasul. Why should it be considered Setama? Since the husband knew that he had two wives and he might give the Get to any of them, and therefore he did not really mean to limit the Get to either wife, when he made the Tenai. This is the intention of Tosfos DH Kasav l'Garesh.

I attach below something we replied to someone else on this subject, which may clarify the matter somewhat more.

Best wishes,

M. Kornfeld

Kollel Iyun Hadaf

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Zevachim 003: Insights regarding Bereirah

Shalom Kohn asked:

Yaasher koach. I especially liked the second part of the shiur.

On the issue of get, it seems to me that Tosafot is saying that a man who drafts a get with the intent that he might use it for either wife has da'at to use it for each. If brairah is not available to clarify that intent, retroactively, then the get for either wife cannot be deemed lishmah, because part of the husband's intent was potentially to use the get for his other wife. That would be very different than s'tama, where there is no invalidating intent.

Shalom L. Kohn

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The Kollel replies:

Thank you for your feedback!

As for your question: Tosfos is proposing that according to the Hava Amina of the Gemara, since the husband wants the option of using the Get for another woman, he does not truly intend to designate the Get for any particular woman at the time of the writing of the Get -- his verbalized intent for a specific woman notwithstanding. The Get is therefore considered to have been written Setama.

The question that one may ask on this is that we normally rule "Devarim she'b'Lev Einam Devarim." Even if the husband did have in mind to make the Get Setama, we should ignore his intention, since it is contradicted by what he says verbally! This may be why TOSFOS TUCH, in the Shitah Mekubetzes #11, writes that it is the scribe who makes the Get Setama - contrary to the request of the husband.

M. Kornfeld