Gitin Chart #1
Chart for Gitin Daf 2b-17a
WHEN IS A SHALI'ACH OBLIGATED TO SAY "B'FANAI NICHTAV UV'FANAI NECHTAM," AND WHEN IS HE EXEMPT FROM SAYING IT?
KIYUM+ SHEMA YACHZOR
|1||TWO SHELUCHIM BRING THE GET||Patur||Chayav||Chayav||Patur (3)|
|2||THE GET IS BROUGHT FROM ONE MEDINAH TO ANOTHER WITHIN ERETZ YISRAEL||Chayav||Patur||Chayav||Chayav|
|3||THE GET IS BROUGHT WITHIN ONE MEDINAH IN MEDINAS HA'YAM||Patur||Chayav||Chayav||Chayav|
|4||THE GET IS MEKUYAM||Patur (4)||Chayav||Chayav||Chayav (5)|
(1) This is the conclusion of the Gemara (end of 4b).
(2) This is discussed in the Gemara on 5a.
(3) So says the Gemara on 5a. On 16b and 17a, though, the Amora'im disagree over this Halachah, and there are those who rule that according to Rabah, when two Sheluchim bring the Get, they must say "b'Fanai Nichtav..." even Achar she'Lamdu (because it is not considered a rare occurrence, and thus the Gezeirah of "Shema Yachzor ha'Davar l'Kilkulo" applies -- Tosfos 5a, DH Bei Trei). Regarding the opinion of Rashi on this matter, in Insights to 5a, 15a, 16b, we raised the possibility that in Rashi's opinion, even Rava might require b'Fanai Nichtav when two Sheluchim bring the Get, according the Amora'im on 16b who require b'Fanai Nichtav when two Sheluchim bring a Get.
(4) So writes Tosfos 5a, DH Bei Trei; see Insights to 2b, where we pointed out that Rashi (top of 16b, see Tosfos 16a DH Aval) seems to disagree with this.
(5) So writes Tosfos 5a, DH Bei Trei. His reasoning is that a Get which is Mekuyam is commonplace, and thus the Gezeirah of "Shema Yachzor..." applies.