GITIN 20 - 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.

1)

REQUIREMENTS OF A GET

(a)

Suggestion: We should be concerned lest the expressions of divorce in the Torah can work like a Get.

(b)

Rejection: A Get must be written Lishmah (with intent to divorce that particular woman. A Sefer Torah was not written Lishmah.)

(c)

Suggestion: We should be concerned lest the husband bribed the scribe from the beginning to write that part of the Torah Lishmah!

(d)

Rejection: A Get must contain the names of the husband and wife and their cities. A Sefer Torah lacks these.

(e)

Question: If so, the law is obvious. What is Rav Yosef's Chidush?

(f)

Answer: He teaches that Mei Milim is not valid writing on parchment treated with gall-nuts.

(g)

(Rav Chisda): If a Get was not written Lishmah, and the scribe traces over the letters, intending to make it Lishmah, R. Yehudah and Chachamim argue about whether or not this works.

1.

(Beraisa - R. Yehudah): A scribe was writing a Sefer Torah. The next word to write was Hash-m's name. He thought that he needs to write 'Yehudah'. He mistakenly omitted the 'Daled'. (The letters of Hash-m's name were written properly, but without the required intent for Hash-m's name). He may trace the quill over the letters, to give Kedushah to the name;

2.

Chachamim say, this is not an ideal writing of Hash-m's name.

(h)

Rejection (Rav Acha bar Yakov): Perhaps Chachamim said so only regarding a Sefer Torah, for one should beautify Mitzvos; but they would agree that one can fix a Get!

(i)

Rav Chisda: I can show that all Gitin are Pasul.

(j)

Question (Rava): How can he?

1.

Suggestion: The Torah says "he will write", and (the practice is that) she pays the scribe.

2.

Rejection: Perhaps Chachamim enacted that the money she pays belongs to the husband (so the scribe is his Shali'ach)!

(k)

Answer: Rather, the Torah says "he will give", and Gitin are not worth even a Perutah (the minimal Shi'ur of monetary value, so it is not) considered giving.

(l)

Question: Perhaps the Torah requires only giving a Get, even if it has no value!

1.

Support (Chachamim of Eretz Yisrael): A Get written on Isurei Hana'ah (something we may not benefit from) is valid.

(m)

Support (for Chachamim of Eretz Yisrael - Rav Ashi - Mishnah): One may write a Get on an olive leaf.

(n)

Rejection: An olive leaf is not worth a Perutah, but many leaves together are worth a Perutah;

1.

Isurei Hana'ah have no value at all!

(o)

(Beraisa - Rebbi): A Get written on Isurei Hana'ah is valid.

1.

Levi taught this in Rebbi's name, and the audience was unreceptive. Levi taught this in the name of Chachamim, the audience was receptive.

2.

This shows that this is the Halachah.

2)

WHAT IS CONSIDERED WRITING

(a)

(Beraisa): "He will write" - he may not engrave.

(b)

Inference: Engraving is not considered writing.

(c)

Contradiction (Beraisa): If a slave has a Get of freedom written (engraved) on a board or tablet, he is free;

1.

He does not go free if the Get is embroidered on a cap or ornament (alternatively - mat).

(d)

Answer (R. Elazar): If he engraves the letters themselves (the shapes normally written), it is considered writing, but not if he carves out the (shapes of the) insides (and surrounding area) of the letters (leaving the shapes of the letters raised).

(e)

Inference: Engraving the insides of the letters is not considered writing.

(f)

Contradiction (Beraisa): The writing (of the Tzitz, the Kohen Gadol's headplate) was not sunken in, rather raised, like gold Dinarim (coins).

1.

The writing on gold Dinarim is made by compressing the insides of the letters!

(g)

Answer: The writing was like gold Dinarim in one way, and unlike it in one way;

1.

The writing was raised; like gold Dinarim. The letters were engraved on the Tzitz, unlike gold Dinarim, in which the insides are compressed.

(h)

Question (Ravina): Does a die for stamping coins only compress the background of the writing, or does it also cause the writing to rise?

(i)

Answer (Rav Ashi): It only compresses.

(j)

Question (Beraisa): The writing was not sunken in, rather raised, like gold Dinarim.

1.

You cannot say that coins are stamped by compressing. The letters (of the Tzitz) must be written!

20b----------------------------------------20b

(k)

Answer: The writing was like gold Dinarim in one way, and unlike it in one way;

1.

The writing was raised; like gold Dinarim. The letters were engraved on the Tzitz by pounding from the other side, unlike gold Dinarim, in which the area around the writing was compressed.

3)

GIVING THE GET

(a)

Question (Rava): If a man wrote a Get on a gold plate, and told his wife 'take your Get. It is also payment of your Kesuvah', what is the law?

(b)

Answer (Rav Nachman): It is considered payment of the Kesuvah.

(c)

Question (Beraisa): If he said 'receive your Get, and the rest (the part not under the letters of the Get) should count towards payment of the Kesuvah', his words are fulfilled.

1.

This is only because the Get contains more than just the area under the letters. If not, the Get would be invalid (since it was given solely for payment, not l'Shem giving a Get)!

(d)

Answer: No, even if the Get contains only what is under the letters, it is valid;

1.

The Beraisa teaches that even when there is excess, it counts towards paying the Kesuvah only when the husband stipulates.

2.

Question: What is the reason?

3.

Answer: The excess is the margin of the Get. (If he does not stipulate, it is considered part of the Get.)

(e)

(Beraisa): If one said 'this is your Get, but the paper is mine', she is not divorced. If he said 'this is your Get, on condition that you return the paper to me', she is divorced.

(f)

Question: (Rav Papa): If he says that he keeps the margin between the lines, or between the words, what is the law?

(g)

This question is unresolved.

(h)

Question: This should be Pasul, for it is as if he gives her separate strips. A single Get must be given!

(i)

Answer: The case is, the letters reach from one line (or word) to the next (e.g. a Lamed extends up in between words on the line above), so what she keeps is connected.

(j)

Question (Rami bar Chama): A slave was established to belong to Reuven. A Get is written on the slave, and he is now by Reuven's wife.

1.

Do we assume that Reuven gave the slave to his wife?

2.

Or, perhaps the slave himself fled to his wife?

(k)

Question (Rava): In any case, it should be Pasul. The writing can be erased, and hence forged!

1.

Question: How does Rava understand our Mishnah, which says that a Get may be written on a slave's hand!

2.

Answer #1: Our Mishnah is like R. Elazar. Edei Chasimah Karsei, even though it can be forged! (The witnesses who saw it given would not recognize if the document was changed.)

3.

Culmination of question: Rami bar Chama's question applies only when there are no witnesses who saw him give her the slave. How will he answer Rava's question?

(l)

Answer: The Get was tattooed on the slave's hand.

1.

Answer #2 (to Question k:1): Rava can explain the Mishnah like this.

(m)

Question: What is the answer to Rami bar Chama's question?

(n)

Answer: Reish Lakish taught that possession of animals does not prove ownership (perhaps they walked away from their real owner. Here, also, perhaps the slave came to her on his own!)

4)

DOES A WOMAN KNOW THAT HER HUSBAND MUST OWN THE GET?

(a)

Question (Rami bar Chama): If we know that a woman owned a tablet, and her Get is now written on it, and she holds it, do we say that she knew to be Makneh (transfer ownership of) it to her husband when he wrote the Get, or not?

(b)

Answer #1 (Abaye - Mishnah - R. Yehudah ben Bava): There was a village near Yerushalayim in which an elder used to lend to everyone. He would write the documents himself, and witnesses would sign. Chachamim permitted this.

1.

Question: The document must belong to the one who gives or puts a lien on his property (the borrower)!

2.

Answer: We assume that he knew to be Makneh the document to the borrower. (Similarly, a wife knows to be Makneh the tablet to her husband.)

(c)

Objection (Rava): That is no proof. An elder knows the law, but perhaps a woman does not!

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