GITIN 9 (5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

1)

SPLITTING ONE'S WORDS (cont.)

(a)

Question #1 (Rav Ada bar Masnah): You hold like R. Shimon, who says that we split a person's words!

1.

(Mishnah): If a man wrote a document giving all his property to his slave, the slave goes free;

2.

If the owner kept any property for himself, the slave does not go free;

3.

R. Shimon says, in every case he goes free, unless it says 'all my property is given to my slave, except for one part in 10,000.'

4.

(Culmination of question): Rav Nachman said that even though R. Yosi praised R. Shimon, the Halachah follows R. Meir (Chachamim)!

i.

(Beraisa): When R. Yosi heard R. Shimon's words, he said "lips should kiss one who answers correctly."

(b)

Question #2: Rav Nachman said that if a Shechiv Mera (one who fears lest he die from his illness) wrote a document giving all his possessions to his slave, and later retracted, he can retract giving the property, but not the freedom. (He contradicts his above ruling like R. Meir, who does not split one's words!)

1.

He can retract giving the property, for this is the law of Matanas (the gift of a) Shechiv me'Ra;

2.

He cannot retract the freedom, for the slave was already called a free man.

(c)

Answer (to both questions - Rav Ashi): Even R. Meir (the Chachamim of R. Shimon) holds that we split one's words. He disqualified the Get of freedom for a different reason;

1.

He holds that if the master retains something in a Get of freedom, it is Pasul. (We learn about freedom from divorce, which requires Sefer Kerisus, totally cutting off.)

2)

A GET GIVEN WITHOUT A DECLARATION [line 14]

(a)

(Mishnah): If the Get is contested, it will be Mekuyam through its signatures.

(b)

Question: How many people contest the Get?

1.

Suggestion: One person contests it.

2.

Rejection: R. Yochanan taught that one person who contests a Get is ignored!

(c)

Answer #1: Rather, two contest it.

(d)

Objection: Why does Kiyum help? Why should we believe the two witnesses who signed more than the two contesting it?

(e)

Answer #2: Rather, the husband contests the Get.

(f)

(Mishnah): If one brought a Get from abroad and cannot say 'it was written and signed in front of me', if the Get has signatures, we are Mekayem it through the signatures;

1.

This is one of three ways in which Gitei Nashim (of divorce) and of freedom have the same law.

(g)

(Gemara) Question: Why can't he say the declaration?

1.

Suggestion: He is a deaf-mute.

2.

Rejection: A deaf-mute cannot bring a Get!

i.

(Mishnah): Anyone can bring a Get, except for a deaf-mute, lunatic or minor.

(h)

Answer (Rav Yosef): The case is, the Shali'ach gave the Get when he was healthy, and became deaf before he was able to say the declaration.

3)

SIMILARITIES OF GITEI NASHIM AND OF FREEDOM [line 30]

(a)

(Mishnah): The law of Gitei Nashim and of freedom is the same.

(b)

(Beraisa): Gitei Nashim and of freedom are the same regarding three Halachos:

1.

One who brings a Get to or from Chutz La'aretz (must say 'it was written...');

2.

Any Get on which a Kusi signed is Pasul, except for Gitei Nashim and of freedom. (After Sancheriv exiled the 10 tribes, he settled Nochrim in their place. The Kusim converted to avoid being eaten by lions, but did not accept the Oral Torah);

9b----------------------------------------9b

3.

All documents written by courts of Nochrim, even though they are signed by Nochrim, are valid, except for Gitei Nashim and of freedom.

(c)

R. Meir says, they are the same also regarding a fourth Halachah. One who says 'give this Get to my wife or slave' can retract.

(d)

Question: Granted, Chachamim said three to exclude R. Meir's case;

1.

Why did R. Meir say four? What does he come to exclude?

(e)

Answer (Beraisa): If witnesses do not know how to sign, we scratch outlines of the letters of their names in the parchment, and they fill them in with ink;

1.

R. Shimon ben Gamliel says, this applies only to Gitei Nashim. For Gitin of freedom, or all other documents, witnesses may only sign if they can read and sign.

(f)

Question: The first Tana did not discuss whether or not they can read!

(g)

Answer: The Beraisa is abbreviated. It means as follows:

1.

If witnesses do not know how to read, we read the document to them, and they sign;

2.

If witnesses do not know how to sign, we scratch outlines...

(h)

Question: There are more similarities of Gitei Nashim and of freedom!

(i)

Question #1 (Mishnah): If Levi said 'give this Get to my wife, and this Get to my slave', and Levi died, we do not give them posthumously. If he said 'give 100 Zuz to Ploni', we give it posthumously.

(j)

Answer: We list only similarities that do not apply to other documents;

1.

(Ravin): If a Shechiv Mera said 'write and give 100 Zuz to Ploni', we do not give it posthumously. Perhaps he wanted to give the gift only through a document, and a document cannot be given posthumously.

(k)

Question #2: Gitei Nashim and of freedom are similar regarding Lishmah!

1.

This is not difficult for Rabah. We said that they are the same regarding saying 'it was written and signed in front of me', which is because they must be written Lishmah!

2.

This is difficult for Rava.

(l)

Question #3: Both according to Rabah and Rava, why did the Beraisa omit saying that neither can be written while attached to the ground?

(m)

Answer (to Questions 2 and 3): The Beraisa counts only Gitin Pasul mid'Rabanan, not those Pasul mid'Oraisa.

(n)

Objection: A Get signed in the courts of Nochrim is Pasul mid'Oraisa, and this was counted!

(o)

Answer: The case is, Yisrael witnesses saw it handed over. This is like R. Elazar, who says that Edei Mesirah Karsei (a Get is empowered by the witnesses that saw it given. Therefore, the Get is Kosher mid'Oraisa.)

(p)

Question: (Surely, the Stam Tana of our Mishnayos (9a, 10a and 10b) is like the first Tana of the Beraisa, for he teaches only these three similarities);

1.

(Mishnah (10b) - R. Shimon): Even these (Gitei Nashim and of freedom written by courts of Nochrim, even though they are signed by Nochrim) are Kosher;

2.

(R. Zeira): R. Shimon holds like R. Elazar, that Edei Mesirah Karsei.

3.

Inference: The Stam (first) Tana does not hold like R. Elazar!