GITIN 18 (19 Teves) - Dedicated in memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim. Dedicated by his granddaughter and her husband, Mr. and Mrs. Avi and Lily Berger, of Queens, New York.

1)

A GET WITH AN IMPROPER DATE

(a)

Question (Ravina): If a man wrote a Get, but held onto it, hoping to appease his wife, the enactment does not help! (The Get could save her from being killed, if she sinned after it was written but before it was given!)

(b)

Answer (Rava): We are not concerned for such a rare case. Normally, one does not bring punishments upon himself earlier than necessary (write a Get before he is sure that he will give it).

(c)

Question (Ravina): A Get from abroad might be given six months after it was written (the date precedes the divorce). How does the enactment help?!

(d)

Answer (Rav Ashi): People talk about a Get from abroad (people would remember when it was given).

(e)

Question: A divorcee must wait three months before remarrying (lest she become pregnant and we will not know who is the father). When do the three months begin?

(f)

Answer #1 (Rav): It is from the day the Get is given.

(g)

Answer #2 (Shmuel): It is from the date on the Get.

(h)

Question (against Shmuel - Rav Noson bar Hoshaya): If two women in the same Chatzer (courtyard) were divorced on the same day, can we permit one immediately (if her Get was written three months ago), and forbid the other? This will astound people!

(i)

Answer (Abaye): The dates on the Gitin explain the difference.

(j)

A Beraisa (#1) supports Rav; and another (#2) supports Shmuel.

(k)

(Beraisa #1): If a man sent a Get to his wife, and the Shali'ach took three months to give it, she must wait three months after receiving the Get to remarry;

1.

(Normally, one may not give an old Get, i.e. it is dated before the divorce.) Here, this is permitted, because she was not alone with her husband after it was written.

(l)

(Beraisa #2): If a man gave a Get to a Shali'ach and told him to wait three months before giving it, she may marry immediately after receiving the Get. We are not concerned for an old Get because she was not alone with her husband after it was written.

(m)

Rav Kahana, Rav Papi and Rav Ashi ruled in actual cases that she counts three months from the day it was written. Rav Papa and Rav Huna brei d'Rav Yehoshua ruled that she counts from the day it was given.

(n)

The Halachah is, she counts from the day it was written.

2)

WHEN SHEMITAH CANCELS THE KESUVAH

(a)

Question: When does Shemitah cancel the obligation to pay the Kesuvah?

(b)

Answer #1 (Rav): If she collected part of it and was Zokef the rest (established it to be a debt that he owes her. Then, the rest is cancelled);

(c)

Answer #2 (Shmuel): It is even if she collected part without being Zokef the rest, or if she was Zokef the entire Kesuvah.

(d)

A Beraisa (#1) supports Rav; and another (#2) supports Shmuel.

1.

(Beraisa #1): A Kesuvah is not cancelled in Shemitah unless she collected part of it and was Zokef the rest. One of these is not enough.

2.

(Beraisa #2): The following are cancelled in Shemitah only if there was Zekifah: the fines for one who rapes or entices a virgin; or falsely claims that he found that his Kalah was not a virgin, and a Kesuvah.

i.

Zekifah is when Beis Din rules about them.

3)

A GET SIGNED AFTER IT WAS WRITTEN

(a)

(Shmuel): The Kesuvah is like an act of Beis Din;

1.

Just like acts of Beis Din may be written during the day and signed at night, also the Kesuvah.

(b)

The Kesuvah of Chiya, Rav's son, was written during the day and signed at night. Rav was present and did not say anything.

1.

Suggestion: This shows that Rav agrees with Shmuel!

2.

Rejection: They were engaged in the Kesuvah the entire time. (Shmuel permits even if they were engaged in other matters. Perhaps Rav would not.)

i.

(Beraisa - R. Eliezer bar R. Tzadok): A Get (signed the night after it was written) is Pasul only if they were not engaged in it in the interim. If they were engaged in it the entire time, it is valid.

(c)

(Mishnah - R. Shimon): The Get is valid.

(d)

(Rava): R. Shimon holds that once a man seeks to divorce his wife, he no longer receives the Peros of her property.

(e)

(Reish Lakish): R. Shimon is Machshir the Get if it was signed that night. If it was signed (after this) during the next 10 days, it is Pasul. We are concerned lest he appeased her. (R. Tam - perhaps he was Mevatel the Get. Rashi - perhaps they had Bi'ah. This disqualifies a Get, lest she conceive, and people will assume that he divorced her on the date on the Get, and say that the child was conceived out of wedlock.)

18b----------------------------------------18b

(f)

(R. Yochanan): R. Shimon is Machshir even if it was signed during the next 10 days. Had he appeased her, people would know about this.

(g)

(R. Yochanan): If Reuven told 10 people 'write a Get to my wife', he intends that two should be witnesses, and merely made a condition that the others must sign on it (but they are not witnesses);

(h)

(Reish Lakish): He intends that all 10 be witnesses.

(i)

Question: What is the case?

1.

Suggestion: He did not say 'all of you.'

2.

Rejection (Mishnah): If Reuven told 10 people 'write a Get to my wife', one writes, and two sign. (Reish Lakish would not argue in this case!)

(j)

Answer: Rather, he said 'all of you.'

(k)

Question: In any case, all must sign. What difference does it make whether or not they are witnesses?

(l)

Answer #1: If two of them signed that day, and the rest during the next 10 days:

1.

If the rest only sign to fulfill a Tanai (stipulation), the Get is valid. If all are witnesses, the Get is Pasul (according to Reish Lakish).

(m)

Answer #2: If one of the 10 was found to be a relative (of the husband or wife or one of the other nine) or a Pasul witness:

1.

If the rest only sign to fulfill a Tanai, the Get is valid. If all are witnesses, the Get is Pasul.

2.

Even if the rest sign for a Tanai, if the Pasul witness was among the first two to sign, some are Machshir the Get, and some disqualify:

i.

Some are Machshir, for he merely fulfils a Tanai;

ii.

Some disqualify, lest people come to confuse this with other documents (in which the first two signatures are witnesses. People might think that relatives may sign documents.)

(n)

A case occurred in which Reuven told 10 people 'write a Get to my wife.' Two of them signed that day, and the rest during the next 10 days.

(o)

R. Yehoshua ben Levi: In pressed circumstances, we may rely on R. Shimon's opinion.

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