GITIN 2 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman Ztz"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, a Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim.

1)

(a)What is a Shali'ach who brought a Get from another country obligated to declare when handing it over to the woman?

(b)Whose Shali'ach is the Tana talking about, the husband's or the wife's?

(c)What constitutes 'Medinas ha'Yam'?

(d)The Machlokos involving the Tana Kama, Raban Gamliel and Rebbi Eliezer will be explained in the course of the Sugya. What do the Chachamim say about a Shali'ach who brings a Get from Chutz la'Aretz to Eretz Yisrael or vice-versa?

1)

(a)If a Shali'ach brings a Get from another country, when handing it over to the woman - he is obligated to declare 'be'Fanai Nichtav u'be'Fanai Nechtam'.

(b)The Tana is talking specifically about - the husband's Shali'ach (a Shali'ach l'Holachah), and not the wife's (a Shali'ach l'Kabalah).

(c)'Medinas ha'Yam' constitutes - any country outside Eretz Yisrael other than Bavel.

(d)The Machlokos involving the Tana Kama, Raban Gamliel and Rebbi Eliezer will be explained in the course of the Sugya. The Chachamim obligate a Shali'ach who brings a Get from Chutz la'Aretz to Eretz Yisrael or vice-versa - to declare 'be'Fanai Nichtav u'be'Fanai Nechtam'.

2)

(a)The Mishnah obligates even a Shali'ach who brings a Get from one state to another state in the same country to say 'be'Fanai Nichtav ... ", and Raban Shimon ben Gamliel goes even further. What does he say?

(b)Rebbi Yehudah lists the border towns of Eretz Yisrael in this regard as Rekem, Ashkelon and Acco. On which respective borders (i.e. of which direction) are these towns situated?

(c)According to Rebbi Yehudah, all three towns are considered outside the borders. What does Rebbi Meir say about Acco?

(d)Why does the Tana not mention the western border?

2)

(a)The Mishnah obligates even a Shali'ach who brings a Get from one state to another within the same country to say 'be'Fanai Nichtav ... "; whilst Raban Shimon ben Gamliel goes even further - incorporating even a Shali'ach who brings a Get from one section of a state to another, if they are governed by two different mayors.

(b)Rebbi Yehudah lists the border towns of Eretz Yisrael in this regard as Rekem on the eastern border, Ashkelon in the south and Acco on the north.

(c)According to Rebbi Yehudah, all three towns are considered outside the borders. Rebbi Meir maintains - that Acco is like Eretz Yisrael.

(d)The Tana did not mention the western border - because the Mediterranean Sea is the western border.

3)

(a)What happens if a Shali'ach brings a Get in Eretz Yisrael, in the event that, after the Get has been delivered in the correct manner, the husband ...

1. ... claims that it is a forgery?

2. ... does not make such a claim? Why do we not anyway suspect that the Get is a forgery, or that the witnesses did not declare 'be'Fanai Nichtav ... '?

3)

(a)In the event that, after the Get has been delivered in the correct manner in Eretz Yisrael, the husband ...

1. ... claims that it is a forgery - it must be substantiated by the witnesses whose names appear on the Get or by two other witnesses who recognize their handwriting.

2. ... does not make such a claim - the Get is Kasher, and need not be substantiated. We do not suspect that the Get is perhaps a forgery - because the Sofrim are generally experts in writing a Get Lishmah on the one hand, and witnesses are generally available to testify on the Get's authenticity on the other.

2b----------------------------------------2b

4)

(a)Rabah bases the need for the witness to say 'be'Fanai Nichtav u'be'Fanei Nechtam on the fact that the Sofrim of Chutz la'Aretz are not experts in writing a Get Lishmah. What does Rava say?

(b)One of the ramifications of the She'eilah is in a case where two Sheluchim brought the get. What would Rabah and Rava respectively then hold?

(c)An alternative ramification would be where a witness brought a Get from one state to another in Eretz Yisrael. What would Rabah and Rava then hold?

(d)What is the third ramification of the Machlokes?

4)

(a)Rabah bases the need for the witness to say 'be'Fanai Nichtav u'be'Fanei Nechtam on the fact that the Sofrim of Chutz la'Aretz are not experts in writing a Get li'Shemah; whereas according to Rava - it is in order to substantiate it, should the husband claim it to be a forgery (to pre-empt the problem of finding witnesses then).

(b)One of the ramifications of the She'eilah is in a case where two Sheluchim brought the get - in which case it would no longer be necessary to declare 'be'Fanai Nichtav ... ' according to Rava, seeing as the witnesses will be able to substantiate it should the need arise; whereas, according to Rabah the problem of the Sofer not having written the Get Lishemah remains.

(c)An alternative ramification would be where a witness brought a Get from one state to another in Eretz Yisrael - in which case it would be unnecessary to make the declaration according to Rabah (since the Sofrim in Eretz Yisrael were experts in writing a Get 'Lish'mah'; whereas, according to Rava, the fear of not being able to find witnesses to substantiate the Get will be equally applicable there.

(d)The third ramification is - where a Shali'ach brings a Get from one area to another of the same state in Chutz la'Aretz, where, on the one hand, they are not experts in writing a Get Lishmah, whereas on the other, finding witnesses to substantiate the Get presents no problem.

5)

(a)We initially explain that, according to Rabah, one witness will suffice to bring the Get, on the basis of 'Ed Echad Ne'eman b'Isurin'. Where do we find this principle applied?

(b)What is the problem with applying it here?

(c)Why can we not prove that 'Ed Echad Ne'eman b'Isurin applies even when there is a Chazakah, from Tevel and Shechitah (which both have a Chezkas Isur).

(d)So we classify our case as a 'Davar shebe'ervah'. What do Chazal say about a 'Davar shebe'ervah'?

5)

(a)We initially explain that one witness will suffice to bring the Get, according to Rabah, on the basis of the principle 'Ed Echad Ne'eman b'Isurin' - like the Torah believes a Jew regarding the separation of Terumah, the Shechitah of an animal, and the removal of the Gid ha'Nasheh and the Chelev of an animal.

(b)The problem with applying it here is - that one witness is not believed against a Chezkas Isur (such as 'Chezkas Eshes Ish').

(c)We cannot prove that 'Ed Echad Ne'eman b'Isurin applies even when there is a Chazakah, from Tevel and Shechitah (which both have a Chezkas Isur) - because there he is believed even against the Chazakah because it is 'be'Yado' (i.e. it lies within his power) to rectify the Isur (which is not the case with regard to Chezkas Eshes Ish).

(d)So we classify our case as a Davar shebe'Ervah, about which Chazal have said 'Ein Davar shebe'Ervah Pachos mi'Shenayim' (every Davar shebe'ervah requires at least two witnesses).

6)

(a)Why does Rebbi Meir (in Yevamos) forbid a Katan or a Ketanah to perform Chalitzah or Yibum?

(b)Considering that we base the Heter of employing only one Shali'ach/witness to bring a Get on the fact that the majority of Sofrim (even in Chutz la'Aretz) are experts, how will this conform with the opinion of Rebbi Meir?

(c)When all's said and done, the Rabanan require 'be'Fanai Nichtav ... ', due to a fear that the Get may have been written 'she'Lo Lishmah'. Then why do they not require two Sheluchim.

(d)How can we refer to this as a leniency, when we have learned that if only one witness brings the Get, the husband will subsequently be believed should he declare the Get to be forged? Why do we not require two witnesses in order to prevent this from happening?

6)

(a)Rebbi Meir (in Yevamos) forbids a Katan or a Ketanah to perform Chalitzah or Yibum - because of the fear that perhaps the Katan is a Saris and the Ketanah, an Ailonis (even though the majority of people are not Sarisim or Ailonos).

(b)In spite of the fact that we base the Heter of employing only one Shali'ach/witness to bring a Get on the fact that the majority of Sofrim (even in Chutz la'Aretz) are experts, this will conform with the opinion of Rebbi Meir - who agrees here that the minority of Sofrim who are not expert in writing a Get Lishmah is so small that we do not contend with it (because it is a 'Mi'uta d'Mi'uta' [Tosfos].

(c)When all's said and done, the Rabanan required 'be'Fanai Nichtav ... ', due to a fear that the Get may have been written 'she'Lo Lishmah'. Nevertheless, they do not require two Sheluchim - since the Chashash (suspicion) is only mid'Rabanan, the same Rabanan were lenient with regard to permitting one Shali'ach, in order to prevent a situation whereby the husband will not manage to find a second one, and the woman will effectively remain an Agunah.

(d)In spite of the Halachah that if only one witness brings the Get, the husband will be believed should he declare it to be forged, we consider this to be a leniency - because the Shali'ach, who knows that he will have to present the Get in front of two or three people, will take great care to ensure that, when the husband hands him the Get, he really means to divorce his wife, and is not just out to make trouble.

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