1)

COMMANDS OF ONE ABOUT TO DIE

(a)

(Mishnah): At first, if a man being taken out for execution said 'write a Get for my wife', we would write and give it;

(b)

Later Chachamim said that the same applies to one leaving to go overseas or into the wilderness;

(c)

R. Shimon Shezuri says, the same applies to a dying man.

(d)

(Gemara): When Geneiva was being taken out for execution, he said 'give 400 Zuz to R. Avina from (my) wine of Nehar Panya.'

(e)

R. Zeira: Rav Huna would rule that we give the money to R. Avina.

1.

(Rav Huna): If a dying man gave a Get, it is like his command to give a gift: just like he can retract his gift if he gets better, he can retract a Get he gave;

(f)

R. Zeira: Rav Huna would also say, just like it suffices if he says 'write a Get' without saying 'give', it suffices to say 'give a gift', even though witnesses did not acquire on behalf of the receiver.

(g)

Objection (R. Aba): A Get and a gift are not the same in all respects!

1.

A gift can be given after he dies. You cannot say so about a Get!

(h)

Answer: That is no comparison!

1.

A gift can be given after death. A Get cannot.

(i)

Correction: Rather, R. Aba asked the following.

(j)

Objection (R. Aba): Geneiva was like a Shechiv Mera (a sick person who fears lest he die) who gave away only part of his money. Such a gift requires an acquisition!

(k)

Question: This implies that Rav Huna holds that it does not require an acquisition. We hold that an acquisition is needed!

(l)

Answer: Geneiva was unlike a Shechiv Mera. He was sure that he would die!

(m)

Question: This implies that R. Aba holds that such a gift requires an acquisition. We hold that no acquisition is needed!

(n)

Correction: Rather, R. Aba asked the following.

(o)

Objection (R. Aba): Geneiva did not say to give wine, nor money obtained by selling his wine. He said 'from my wine' (and this is meaningless)!

1.

Rav Huna holds that he said this to give R. Avina the upper hand (to collect from wine or money, in case one of them was lost).

2)

AUTHORIZATION TO WRITE A GET

(a)

(Mishnah): If someone in a pit said 'whoever hears my voice, write a Get to my wife', they write and give.

(b)

(Gemara) Question: We should be concerned, perhaps a Shed (demon, a being with similarities to angels and to people) said this!

(c)

Answer (Rav Yehudah): The witnesses saw a human form.

(d)

Question: Shedim can assume a human form!

(e)

Answer: They saw his Bavu'ah (shadow).

(f)

Question: Shedim also have shadows!

(g)

Answer: They saw his Bavu'ah d'Vavu'ah (i.e. an extended, or especially dark, shadow -- see Pischei Teshuvah EH 17:49).

(h)

Question: Maybe Shedim also have Bavu'ah d'Vavu'ah!

(i)

Answer (R. Chanina): They have shadows, but not Bavu'ah d'Vavu'ah.

(j)

Question: Perhaps a co-wife gave this command (intending to deceive and ruin her co-wife)!

(k)

Answer (Beraisa - Tana d'Vei R. Yishmael): At a time of danger (e.g. he is prone to die and she will be an Agunah, i.e. unable to remarry), we may write and give a Get, even though we are not sure that the husband commanded it.

(l)

(Mishnah): If a healthy man said 'write a Get to my wife', he is only teasing her (he did not say to give it).

(m)

A case occurred in which a healthy man said 'write a Get to my wife', went up to the roof and fell to his death;

(n)

R. Shimon ben Gamliel: If he jumped off b'Mezid, the Get is valid. If the wind blew him off, it is Pasul.

(o)

(Gemara) Question: The case brought contradicts the law taught!

(p)

Answer: The Mishnah is abbreviated. It means that as follows: if we later see that he really wanted to give the Get, it is valid;

1.

A case occurred...

(q)

A man entered a Beis ha'Keneses and saw Reuven (a Rebbi of children), Reuven's son and a third man; he asked that two of them should write a Get for his wife. Reuven died before a Get was written.

(r)

Question: Did the husband intend that Reuven's son may be his Shali'ach, considering that Reuven was there at the time?

(s)

Answer #1 (Rav Nachman): One does not have such intention.

(t)

Answer #2 (Rav Papi): One has such intention.

1.

(Rava): The Halachah follows Rav Papi.

3)

CAN A SHALI'ACH MAKE ANOTHER SHALI'ACH?

(a)

(Mishnah - R. Meir): If a man asked two people to give a Get to his wife, or he asked three people to write and give a Get to his wife, they must write it and give it themselves;

66b----------------------------------------66b

(b)

If he asked three people to give a Get to his wife, they may tell others to write (and give) it, for it is as if the husband made them a Beis Din.

1.

R. Chanina of Ono testified that R. Akiva (who was imprisoned) also said so.

2.

R. Yosi: We told R. Chanina that we have a tradition, that even if he asks the great Sanhedrin to give a Get, they cannot appoint someone else to write it, even if they will need to learn to write.

(c)

If a man told 10 people to write and give a Get to his wife, it suffices that one writes and two sign;

1.

If he said 'all of you write', one writes and all sign it;

2.

Therefore, if one of them died before signing, the Get is Pasul.

(d)

(Gemara - R. Yirmeyah bar Aba) Question: If a man asked two people to write and give a Get to his wife, and they asked a scribe to write it, and they signed it, what is the law?

(e)

Answer (Shmuel): If she remarried relying on this Get, she must leave her new husband. This law requires investigation.

(f)

Question: Why did he say that this must be investigated?

1.

Suggestion: Shmuel is unsure whether or not Mili can be transferred to another Shali'ach. (Mili is a mission in which the Shali'ach did not receive something needed for the mission. Some say that it is a mission that does not finish the matter, or depends on the consent of someone else.)

2.

Rejection: Shmuel cited Rebbi to say that the Halachah follows R. Yosi, that Mili cannot be transferred to another Shali'ach!

(g)

Answer: Shmuel is unsure what the husband meant when he said 'write'. Did he mean that they should sign the Get, or that they should write it?

(h)

Question: He should learn from our Mishnah!

1.

(Mishnah): If a man asked two people to give a Get to his wife, or three people to write and give it, they must write it and give it themselves.

(i)

Answer: Shmuel is unsure about what the Mishnah means. Does 'they must write it' mean that they must sign it, or that they must write the Get itself?

(j)

Question: Obviously, it means writing the Get itself! In the Reisha, R. Yosi says that if he asked the great Sanhedrin to give a Get, they cannot appoint someone else to write it, even if this necessitates that they learn to write.

1.

We can understand this if he means that they must write the Get itself. However, could you find a Sanhedrin that does not know how to sign?!

(k)

Answer: Yes! Perhaps a new Beis Din does not know how to sign.

(l)

Question: Shmuel holds that if 'write' means to sign, they can ask another to write the Get. Shmuel rules like R. Yosi, that Mili cannot be transferred to another Shali'ach!

(m)

Answer: If 'write' means to sign, perforce the man wanted them to ask another person to write the Get. It is as if he told them to appoint another person to write it;

1.

R. Yosi agrees that Reuven may tell Shimon 'appoint a Shali'ach for me.'

(n)

Question: R. Yosi does not agree to this!

1.

(Mishnah): A Get written by a scribe and signed by one witness is valid;

2.

(R. Yirmeyah): The text of the Mishnah says 'a Get signed by the scribe and one witness is valid,'

3.

(Rav Chisda): The Mishnah is like R. Yosi, who says that Mili cannot be transferred to another Shali'ach.

4.

(Summation of question): If R. Yosi agrees that Reuven may tell Shimon 'appoint a Shali'ach for me', this may lead to disaster!

i.

Sometimes, a man tells two people to ask a scribe to write a Get, and to ask two Ploni and Almoni to sign it. To avoid embarrassing the scribe (that he was not asked to sign it), they will ask him to sign for one of the witnesses, and the husband did not authorize this (so the Get is Pasul)!

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