12th CYCLE DEDICATION
GITIN 88 - Ari Kornfeld has generously sponsored the Dafyomi publications for thIs Daf for the benefit of Klal Yisrael.

1)

A GET IN TWO COLUMNS

(a)

Question: The fact that the Get finishes in another column suggests that it was not written at once;

1.

If the first column ends with 'behold you are' and the second column begins with 'permitted', perhaps after writing the first column, the husband canceled the Get, and later resumed writing in the second column!

(b)

Answer: We are not concerned for such far-fetched possibilities.

(c)

Answer #2 (to Question (3:g, 87b) - Rav Ashi): The case is, we can see from the parchment that the scribe intended to write the Get in two columns.

2)

WHAT ARE VALID SIGNATURES?

(a)

(Mishnah): If the witnesses signed at the top (or side, it is Pasul).

(b)

Question: Rav used to sign at the side!

(c)

Answer #1: The top of Rav's signature faced the Get. The Mishnah disqualifies when the top faces away from the Get.

1.

Question (Mishnah): If two Gitin are written on one page, and the witnesses signed in between, if each Get begins at the signatures (and goes outwards), both are Pasul;

i.

The Get above the top of the signatures should be valid!

2.

Answer: The case is, the signatures are sideways. Their top faces the side of the page.

3.

Question (Seifa): If one of the Gitin ends at the signatures, it is Kosher. The other is Pasul.

i.

If the signatures are sideways, they are not read with either Get!

(d)

Answer #2: Rather, Rav used to sign his name at the side on letters to summon parties to Beis Din.

(e)

(Mishnah): If a Get is in Kesav Sofer (the scribe's handwriting) and one witness signed, it is Kosher.

(f)

(R. Yirmeyah): The text of the Mishnah says 'if a Get has Chasam Sofer (the scribe signed it) and one other witness signed, it is Kosher.'

1.

(Rav Chisda): The Mishnah is like R. Yosi (who says that a Shali'ach cannot appoint other Sheluchim. The Chachamim who argue would disqualify Chasam Sofer, lest the husband told Sheluchim to ask other witnesses to sign, and they asked the scribe to sign lest he be insulted that he was not asked.)

(g)

A Kesuvah came in front of R. Avahu. Witnesses recognized the handwriting of the document and one of the witnesses. R. Avahu was about to be Mekayem (validate) the document based on this.

(h)

R. Yirmeyah: The text of the Mishnah is Chasam Sofer. (Kesav Sofer and one witness do not suffice.)

3)

WHAT IS CONSIDERED GETTING OLD

(a)

(Mishnah): If family names of the husband and wife were used, it is Kosher.

(b)

(Beraisa): A family name may be used in a Get, until 10 generations;

(c)

R. Shimon ben Elazar says, it may be used only until three generations.

(d)

(R. Chanina): A family name may be used in a Get until three generations.

1.

R. Chanina holds like R. Shimon ben Elazar.

(e)

(Rav Huna): R. Shimon ben Elazar learns from "when you will bear children and grandchildren, and grow old in the land."

(f)

(R. Yehoshua ben Levi): Eretz Yisrael was made desolate (the 10 tribes were exiled) only after seven families of kings (of the 10 tribes) served idolatry - Yarav'am, Basha... and Hoshe'a ben Elah, like it says "the widow bore seven..."

(g)

(R. Ami): He learns from "when you will bear children and grandchildren and grow old."

(h)

Question (Rav Kahana and Rav Asi): "(Hoshe'a ben Elah) was wicked, but not as bad like the kings of Yisrael who preceded him." If so, why "Shalmaneser (Sancheriv) will come upon him"?

(i)

Answer (Rav): Yarav'am had set up guards to prevent Yisrael from alighting to Yerushalayim on the festivals. Hoshe'a abolished the guards, but Yisrael still did not come;

1.

Hash-m decreed that Yisrael would be exiled corresponding to the years they did not alight.

(j)

Question (Rav Chisda): "Hash-m was diligent to bring the evil upon us, for He is a Tzadik." Why is this a reason?

(k)

Answer #1 (Rav Chisda): Hash-m did Tzedakah (a great benefit) for us by exiling (1000 Chachamim with) Yechanyah (to Bavel) before the exile of (most of Yisrael with) Tzidkiyahu (so Yisrael would have teachers) - "ha'Cheresh veha'Masger Elef)

1.

"Cheresh" are Chachamim who make others like deaf-mutes (unable to challenge what was said). "Masger" are great Chachamim, that when they finish, no one opens (questions their conclusion).

(l)

Answer #2 (Ula): Hash-m benefited us by not allowing us to stay in the land for 852 years (the numerical value of "v'Noshantem (you will become antiquated)," lest we be subject to the accompanying curse "you will perish." Rather, He exiled us two years before this.

88b----------------------------------------88b

1.

(Rav Acha bar Yakov): We may derive that 852 years is considered 'quickly' according to Hash-m's standards ("you will quickly perish").

4)

A COERCED GET

(a)

(Mishnah): If (a Beis Din of) Yisre'elim forced a man to divorce his wife, it is valid. If Nochrim forced him, it is Pasul;

1.

The case is, the Nochrim beat him, telling him to do like Chachmei Yisrael say.

(b)

(Gemara - Rav Nachman): A Get coerced legally (i.e. when he is obligated to divorce) by Yisre'elim is valid. If it was illegally coerced, it is Pasul and is Posel (disqualifies her from Kehunah).

(c)

If it was coerced legally by Nochrim, it is Pasul and is Posel. If it was coerced illegally by Nochrim, it is not even Posel.

(d)

Question: If Nochrim have the power to force us to divorce, a legally coerced Get should be valid. If they have no such power, it should not be Posel!

(e)

Answer #1 (Rav Mesharshiya): Mid'Oraisa, a Get legally coerced by Nochrim is valid. Chachamim decreed that it is Pasul, lest women who want to be divorced get Nochrim to coerce their husbands.

(f)

Objection: If so, a Get coerced illegally should be Posel, just like a Get coerced illegally by Yisre'elim!

1.

Rav Mesharshiya's answer is wrong.

(g)

Answer #2: Mid'Oraisa, a Get legally coerced by Nochrim is Pasul. Chachamim decreed that it is Posel, lest it be confused with a Get coerced legally by Yisrael.

1.

A Get coerced illegally by Nochrim will not be confused with a Get coerced legally by Yisrael, so there is no need to decree.

(h)

Rav Yosef was forcing a man to give a Get.

(i)

Question (Abaye): We (Chachamim of Bavel) are like commoners. We cannot coerce to divorce!

1.

(Beraisa - R. Meir): "These are the judgments that you will put before them" - one may not go for judgment in front of Nochrim, even if their law (in the case) is the same as Torah law;

2.

Also, we expound "before them (expert judges)", and not before commoners.

(j)

Answer (Rav Yosef): We are Sheluchim (to coerce Gitin) on behalf of the expert judges in Eretz Yisrael, just like we are their Sheluchim to judge cases of admissions (of debt) and loans.

(k)

Question: If so, we should be Sheluchim also to judge thefts and injuries!

(l)

Answer: We are Sheluchim to judge only admissions and loans, for these are frequent.

5)

RUMORS OF KIDUSHIN

(a)

(Mishnah): If there are rumors in the city that Leah was Mekudeshes, we consider her to be Mekudeshes;

(b)

If there are rumors in the city that she was divorced, we consider her to be divorced;

1.

This is only if there is no excuse (a way to discredit the rumors).

2.

Examples of excuses are if Leah was divorced on condition, or Kidushin money was thrown to her, and we were in doubt if it landed closer to her or to him. These are excuses (why there are rumors. In truth, perhaps the divorce or Kidushin was found to be invalid!)

(c)

(Gemara) Question: (If there are rumors that a Kohen divorced his wife,) do we really forbid her to him?!

1.

(Rav Ashi): We are not concerned for any rumors that started after Nisu'in.

(d)

Answer: The Mishnah means that if there are rumors in the city that Leah was Mekudeshes, we consider her to be Mekudeshes. If there are rumors that she was Mekudeshes and divorced, we consider her to be Mekudeshes and divorced. (I.e. the rumors came at the time of Kidushin, before Nisu'in).

(e)

Question: Why can we rely on rumors (that she was divorced) to permit her?

(f)

Answer: These rumors break the rumors that she was Mekudeshes.

OTHER D.A.F. RESOURCES
ON THIS DAF