DOCUMENTS TO SELL SLAVES
(Mishnah): The essential part of a Get of freedom is 'you are a free woman' or 'you are to yourself.'
Rav Yehudah enacted to write in documents of sale of slaves 'this slave is free from any claims of freedom, partnership, accusations and allegations of the king or kingdom" (a death sentence). He is free of any blemish or boils (that will come) on his face for two years, new or old.'
Question: If boils come, what is the cure?
Answer: A feather is used to anoint him with ginger...
GITIN THAT WORK B'DI'EVED
(Mishnah): Three kinds of Gitin are Pasul, but if she remarried, the children are Kosher (not Mamzerim):
It is written in Kesav Yado (his, i.e. the husband's, own handwriting), but witnesses did not sign it;
Witnesses signed it, but there is no date on it;
It has a date, and only one witness signed it.
If she remarried relying on any of these three Gitin, the children are not Mamzerim.
R. Elazar says, even if no witnesses signed on it, but it was given in front of witnesses, it is valid, and this suffices to collect from Meshubadim (land that was sold).
Witnesses sign a Get only due to an enactment for Tikun ha'Olam.
(Gemara) Question: Are there no other such Gitin?!
Question #1: Also an old Get (they were secluded after it was written) is Pasul (but if she remarried, the children are Kosher)!
Answer: There, she need not leave her new husband. Here (if one remarried with a Get of our Mishnah), she must leave.
Question: Some hold that also here, she need not leave. How can they answer the question?
Answer: Here, she may not remarry l'Chatchilah. One who received an old Get may remarry l'Chatchilah.
Question #2: A bald Get (it has more folds than witnesses) is Pasul!
Answer: There, if she married, the children are Mamzerim!
Question: That is only according to R. Meir (who says that if one remarries based on a Get that deviates from Chachamim's guidelines, the children are Mamzerim);
According to Chachamim, the children are not Mamzerim. How can they answer?
Answer: One who received a bald Get must leave her new husband. Here, she need not.
Question: Some hold that here, she must leave. How can they answer?
Answer: Our Mishnah discusses regular (untied) Gitin.
Question #3: A Get dated according to the wrong kingdom is Pasul!
Answer: There, she must leave. Here, she may stay married.
Question: Some hold that here, she must leave. How can they answer the question?
Answer: They establish our Mishnah like R. Meir. There, the children are Mamzerim. Here, they are not.
Question: The Mishnah says twice that there are three such Gitin. What does this come to exclude?
Answer: The first time, it excludes the Gitin listed above. The second time, it excludes the following case:
(Beraisa - R. Meir): If a Shali'ach brought a Get from Chutz La'aretz, and gave it without saying 'it was written and signed in front of me", if she remarried, she must be divorced. The children are Mamzerim;
Chachamim say, the children are not Mamzerim;
The Shali'ach should take the Get back and give it again, and make the declaration.
WHO WROTE THE GET?
(Mishnah): The Get is in Kesav Yado, and witnesses did not sign.
(Rav): The Mishnah discusses a Get in Kesav Yado.
Question: To which of the three Gitin does Rav refer?
He cannot teach about the first. The Mishnah explicitly says that it is in Kesav Yado!
Suggestion: He teaches about the second.
Rejection: Two witnesses signed it. Why would we require that the husband wrote it?
Answer: He refers to the last Get. It has a date and one witness signed;
We must say that the husband wrote it. Had a scribe written it, the children would be Mamzerim.
(Shmuel): The Mishnah discusses even when a scribe wrote it;
(Mishnah): If a scribe wrote a Get and one witness signed, it is valid.
Question (Rav): That Mishnah permits her to marry l'Chatchilah. Our Mishnah does not!
Answer (Shmuel): That Mishnah discusses a scribe whose writing is known. In our Mishnah, the scribe's writing is not known.
(R. Yochanan): The Mishnah discusses a Get in the husband's handwriting.
Question (R. Elazar): Witnesses signed it! (Why do we require the husband's Kesav Yad?)
Answer (R. Yochanan): I refer to the last Get.
Sometimes Rav would say that she must leave her new husband. Sometimes, he would say that she may stay;
If she has children from him, she may stay. If not, she must leave.
Question (Mar Zutra bar Tuvya - Mishnah): Any case in which a close relative of the Yavam was Safek or divorced to the deceased, the co-wife does Chalitzah, not Yibum.
The case of Safek Kidushin is when he threw money to be Mekadesh her, and we do not know if it landed closer to him or her. This is the case of doubtful Kidushin.
The case of Safek divorce is when he wrote a Get in his Kesav Yado and no witnesses signed; or, witnesses signed it, but there is no date on it; or, it has a date, but only one witness signed it. These are the cases of Safek divorce.
(Summation of question): If she may stay married, people will think that it is a valid Get, and the co-wife will do Yibum!
Answer: That is no problem. Mid'Oraisa, the Get is valid, and she may do Yibum!
The Get is Pasul mid'Rabanan (so l'Chatchilah, she should do Chalitzah).
(Levi, R. Yochanan, and R. Chalafta): Even if she has no children, she need not leave her new husband.
A FLY THAT DRANK MEI CHATAS
(R. Yochanan citing R. Chalafta): If a Kratzis in a stack of produce drank Mei Chatas (water on which ashes of the red heifer were put), it does not disqualify the water.
Question: What is a Kratzis?
Answer (Abaye): It is a big fly similar to a locust, that resides in stacks.
Question (Rav Daniel bar Rav Ketina - Mishnah): Any bird that drinks Mei Chatas disqualifies it, except for a dove, for it sucks the water (and does not spit it back out).
It did not say that also a Kratzis does not disqualify it!
Answer: This is because the law varies. A small Kratzis disqualifies, but a large one does not.
Question: Until what size is considered small?
Answer: It is until the size of an olive.
WHICH WITNESSES EMPOWER A GET?
(Mishnah - R. Elazar): Even though witnesses did not sign...
(Rav): The Halachah follows R. Elazar regarding Gitin.
(Shmuel): The Halachah follows R. Elazar also regarding monetary documents.
Question: Does Rav hold unlike R. Elazar regarding monetary documents?!
The Mishnah says that with such a document, one may collect from Meshubadim!
Answer: R. Elazar holds that also for monetary documents, Edei Mesirah (the witnesses who saw it given) Karsei (empower it). Rav holds like R. Elazar only regarding Gitei Nashim and freedom.
(R. Yakov bar Idi, R. Yosi bar Chanina... ): The Halachah follows R. Elazar regarding Gitin.
(R. Yanai, R. Yochanan): The Get does not even disqualify her from Kehunah.
Question: Do they hold that the Halachah does not follow R. Elazar?!
Answer: No. They meant that according to Chachamim, it does not even disqualify her from Kehunah.
(Mishnah): If two men sent identical Gitin (all names are the same), and they got mixed up, each Shali'ach should give both Gitin to the wife he was sent to.
Therefore, if one Get was lost, the other is void.
If five men wrote a joint Get, i.e. Reuven divorces Leah, Shimon divorces Rachel... and witnesses signed below, all are valid;
The Get is given to each wife.
If a Tofes (the standard text of a Get without the names and date) was written for each couple, only the Get right before the signatures is valid.
(Gemara) Question: Who is the Tana of our Mishnah?
Answer #1 (R. Yirmeyah): It is not like R. Elazar;
R. Elazar says that Edei Mesirah Karsei. (Witnesses need not sign. Rather, "v'Chosav... v'Nosan" must be Lishmah.) Here, the Edei Mesirah do not know which Get divorces each woman!
Answer #2 (Abaye): The Mishnah can even be like R. Elazar. He requires only that the Get be written Lishmah, but it need not be given Lishmah.
A JOINT GET
(Mishnah): If five men wrote a joint Get...
Question: What is considered joint Gitin, and what is considered (a) Tofes (for each)?
Answer #1 (R. Yochanan): If there is one date for all of them, this is a joint Get. If there is a date for each, this is Tofes.