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GITIN 27

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GITIN 27 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

If a Shali'ach loses a Get, if he finds it immediately the Get it is Kosher, but if not the Get is Pasul. (1)
 
If the Shali'ach finds the Get in a bag that he has a Siman on or if he recognizes the Get it is Kosher even if he finds it after a long time.
 
If a Get, Shichrur, Daitiki (will of a Shechiv Mera), gift document, or receipt is found it should not be returned because of the possibility that it was never given. (2)
 
If there are infrequent travelers that pass by the place where a Get was lost or if there is no one else from that city with the same name the Get is Kosher even if the Shali'ach finds it after a long time.
 
A Ma'aseh Beis Din (a verified Shtar) that is found shall be returned. (3)
 
If a Get is found and the husband admits that he had given it to her it shall be returned to her but if not it shall not be returned at all.
 
If the Shali'ach loses a Get and the witnesses on the Get testify that they did not sign on any other Get with the same name the Get is Kosher even if he finds it after a while.
 
If the Shali'ach loses a Get and he has a Siman on the Get that it has a hole next to one of the letters, the Get is Kosher even if he finds it after a long time. (4)
 
It is a Safek to R. Ashi whether a Siman that is not a Siman Muvhak is regarded as a Siman Min ha'Torah. (5)
 
If the Shali'ach who is a Talmid Chacham loses a Get and he has a Tevi'as Ayin on the Get the Get is Kosher even if he finds it after a while.
 
R. Nasan says that if a Shali'ach loses a Get and he found it only after the Shi'ur that it takes for a caravan to pass by and park the Get may no longer be used. (6)
 
The size of the Get document is not regarded as a Siman at all.

A BIT MORE

1. If the Get is not found immediately it is Pasul because we are afraid that the Get is from someone else with the same name.
 
2. However if the husband instructs the finder to give the Get to his wife he should give it back.
 
3. Since the Shtar is verified there is no concern that it was never given.
 
4. A hole next to one of the letters is regarded as a Siman Muvhak (an absolute Siman).
 
5. If the Get has a hole in it but not next to one of the letters it is a regular Siman, not a Siman Muvhak.
 
6. R. Shimon Ben Elazar says that he must find it before anyone passes by; Yesh Omrim says before anyone spends time there, Rebbi says that he must find it before the Shi'ur that it takes to write a Get and R. Yitzchak says the Shi'ur for reading a Get and Acherim say the Shi'ur of writing and reading a Get.

BRIEF INSIGHT

CHUTZPAH
 
If a Get is found and the husband admits that he had given it to her it shall be returned to her but if not it shall not be returned at all. Why don't we return it to the wife? A wife is believed to say that the husband divorced her even though she is not holding a Get! Tosfos answers that she is only believed because she does not have the Chutzpah to say in front of her husband that she is divorced if it is not true. But if she has a Get in her hand that supports her claim she will have the Chutzpah to claim that she is divorced even though it is not true.

QUICK HALACHAH

SHAYAROS METZUYOS
 
If a Shali'ach loses a Get if he finds it in a place that there are not frequent travelers even if he found it after a while there is a Chazakah that the Get that was found is the Get that was lost. If the Get is lost in a place that there are frequent travelers if it is found immediately before any travelers had a chance to spend time there or it was found in the utensil that he placed it in and he has a Tevi'as Ayin on the length and width of the Get it is a Chazakah that it is his Get and it may be used. If there is a Chazakah that another man in the city has the same name as the name on the Get we suspect that maybe the Get that was found is from that person since people passed by the place where the Get was lost although they did not spend time there and if the Get is used she is Safek Megureshes. However if no one even passed by the Get is b'Chezkaso even though there are two people with the same name. (Rambam Hilchos Gerushin 3:9,10)

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