GITIN 17 (18 Teves) - 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.
 

12th CYCLE DEDICATION
GITIN 17(25 Tamuz) - Dedicated by Les and Sandy Wiesel in memory of Les's mother, Faiga bas Rav Moshe Shmuel z'l.

1)

TWO SHELUCHIM WHO BRING A GET

(a)

While Rav Yehudah, Rabah and Rabah bar bar Chanah were talking, two Chaverim (Persians, or a nation that corrupted the Persians) took their lamp. Rabah bar bar Chanah beseeched Hash-m: if we do not merit to be under Your protection, please let us be under the Edomites!

(b)

Inference: This implies that the Edomites are better than the Chaverim.

(c)

Question: But R. Chiya expounded "Hash-m understood its way, he knew its place" - Hash-m knew that Yisrael could not endure the decrees of the Edomites, so He exiled them to Bavel.

(d)

Answer: It was better to be in Bavel until the Chaverim came.

(e)

(Mishnah): If one says 'it was written in front of me' and two say 'it was signed in front of us', it is valid.

(f)

Version #1 (R. Ami, citing R. Yochanan): It is valid only if the one saying 'it was written in front of me' was a Shali'ach to give the Get, for then it is as if two testify about the writing and two about the signing;

1.

If the one s saying 'it was written in front of us' are the Sheluchim, it is Pasul.

2.

Inference: He obligates two Sheluchim who bring a Get to make a declaration.

(g)

Question (R. Asi - Reisha): If two say 'it was written in front of us' and one says 'it was signed in front of me', it is Pasul,

1.

R. Yehudah is Machshir (says that it is valid);

2.

Do you say that Chachamim disqualify even when both who saw it written are holding the Get?

(h)

Answer (R. Ami): Yes.

(i)

Version #2 (R. Ami, citing R. Yochanan): Even when the one s saying 'it was signed in front of us' are the Sheluchim, it is valid.

1.

Inference: He exempts two Sheluchim that bring a Get from a declaration.

(j)

Question (R. Asi - Reisha): If two say 'it was written in front of us' and one says 'it was signed in front of me', it is Pasul,

1.

R. Yehudah is Machshir.

2.

Will you say that Chachamim disqualify only if the one s who saw it written were not holding the Get, but if they were holding it, it would be valid?!

(k)

Answer (R. Ami): Yes.

(l)

Objection (R. Asi): Another time, you said differently!

(m)

Answer: (R. Ami): This latter version is the correct one .

2)

THE DATE ON A GET

(a)

(Mishnah): If a Get was written during the day and signed the (same) day, or it was written at night and signed during the day; or it was written at night and signed at night, it is valid.

(b)

If it was written during the day and signed at night, it is Pasul;

(c)

R. Shimon is Machshir. He disqualifies any document written during the day and signed at night, except for a Get of divorce.

(d)

(Gemara) Question: Why was it enacted to put the date on a Get (of divorce)?

(e)

Answer #1 (R. Yochanan): This is lest a woman commit adultery, and her husband save her from execution by giving her a dateless Get;

1.

Since Beis Din would not know whether the Bi'ah was before or after the divorce, they could not kill her.

2.

Sometimes a man would have compassion to save a wife who betrayed him, e.g. if she was his niece.

(f)

Answer #2 (Reish Lakish): The date is to enable her to prove from when the Peros (yield) of her property belong to her, i.e. the day he finished writing the Get.

(g)

Question: Why didn't Reish Lakish answer like R. Yochanan?

17b----------------------------------------17b

(h)

Answer: Adultery is not common. (Chachamim decree only about what is common.)

(i)

Question: Why didn't R. Yochanan answer like Reish Lakish?

(j)

Answer: He holds that the husband eats the Peros until the Get is given.

(k)

Question: According to Reish Lakish, we understand why R. Shimon is Machshir even if the Get was signed the next night (so the date is one day too early. He holds that the husband forfeits Peros from when he writes the Get, even if not yet signed.)

1.

But according to R. Yochanan, what is R. Shimon's reason?

(l)

Answer: R. Yochanan admits R. Shimon holds that the date on a Get is due to Peros. He argues about Chachamim's opinion.

(m)

Question: According to R. Yochanan, we understand the argument of R. Shimon and Chachamim;

1.

According to Reish Lakish, what do they argue about?

(n)

Answer: R. Shimon holds from the writing of the Get until it is signed, she gets the Peros. Chachamim say that he gets them.

(o)

Contradiction: Elsewhere, R. Yochanan and Reish Lakish hold opposite to their positions here!

1.

(R. Yochanan): A wife receives the Peros of her property from the day her husband writes a Get;

2.

(Reish Lakish): The Peros are hers from the day he gives it.

(p)

Answer: We must switch the opinions (in these latter teachings to match their opinions above. Ba'al ha'Itur - we switch the opinions in the above teachings.)

3)

CASES IN WHICH THE ENACTMENT DOES NOT HELP

(a)

Question (Abaye - Mishnah): Three types of Gitin are Pasul, but if a woman remarried based on the Get, children from the new marriage are Kesherim.

1.

(One of the three is a Get without a date.) What did the enactment to put a date on the Get accomplish?

(b)

Answer (Rav Yosef): L'Chatchilah, she may not remarry with such a Get. (Therefore, scribes and witnesses will not write or sign it.)

(c)

Question: If he will cut off the date and give her the Get, the enactment does not help! (Beis Din cannot kill her due to the Safek!)

(d)

Answer: We are not concerned for such swindlers (they are very rare).

(e)

Question: If the Get does not specify the day, only which Shemitah cycle (within the Yovel cycle), or the year, or the month, or the week, the enactment does not help! (If the adultery was during that period, we do not know which came first, so we cannot kill her!)

(f)

Answer: If she was Mezanah in the previous period, she will be killed. She receives Peros from the beginning of the next period;

1.

Even when the day is specified on the Get, we do not know if it was in the morning or afternoon! We must say, the date enables us to kill her if she was Mezanah on a previous day, and she receives the Peros from the beginning of the next period.

2.

Similarly, when the Get specifies only the Shemitah cycle, or year... it helps for previous or subsequent Shemitah cycles, years...

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