GITIN 18 (19 Teves) - Dedicated in memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim. Dedicated by his granddaughter and her husband, Mr. and Mrs. Avi and Lily Berger, of Queens, New York.

1)

(a)When Ravina asked ...

1. ... Rava what the point of the Takanas Chachamim of dating a Get is, seeing as the husband may well have placed the Get in his pocket in the hope that they will make up their disputes, and only handed to his wife at a later date, what did he reply?

2. ... Rav Ashi the same Kashya with regard to Gitin that arrived from overseas in Tishri, but which are dated in Nisan, what did he reply?

(b)In which two regards does this latter ruling speak?

1)

(a)When Ravina asked ...

1. ... Rava what the point of the Takanas Chachamim of dating a Get is, seeing as the husband may well have placed the Get in his pocket in the hope that they will make up their disputes, and only handed to his wife at a later date, he replied - that people do not generally 'bring punishment forward' (meaning that a person does not write a Get before he has decided to divorce his wife).

2. ... Rav Ashi the same Kashya with regard to Gitin that arrived from overseas in Tishri, but which are dated in Nisan, he replied - that these Gitin have a Kol (everyone knows about them), as a result of which she will have to bring evidence as to when she received the Get ...

(b)... regarding both adultery that she committed in the interim and Peiros that she claimed.

2)

(a)According to Rav, the three months waiting period between one marriage and the next begins from the time that the woman receives the Get. What does Shmuel say?

(b)Rav Nasan bar Hoshaya queried Shmuel from two women who live in the same Chatzer. What is ...

1. ... the case?

2. ... the problem?

(c)How did Abaye resolve this Kashya?

2)

(a)According to Rav, the three months waiting period between one marriage and the next begins from the time that the woman receives the Get. According to Shmuel - she waits three months from the date on the Get.

(b)Rav Nasan bar Hoshaya queried Shmuel from two women who live in the same Chatzer. The ...

1. ... case is - where a man gives each of his two wives a Get before going overseas, and one of them is dated one month earlier that the other.

2. ... problem is - that it appears strange for two women to receive a Get simultaneously from the same husband, yet one of them is permitted to marry a month before the other one.

(c)Abaye resolved the Kashya - by pointing out that, since each one's Get clearly indicates when to begin counting the three months, there is nothing strange about it at all.

3)

(a)One Beraisa supports Rav, another Beraisa supports Shmuel. What does the former rule with regard to a Shali'ach who spent three months bringing the Get to the woman?

(b)The Tana concludes there 'u'le'Get Yashan Lo Chaishinan'. What is a Get Yashan?

(c)Why is it Pasul?

(d)Why is he not concerned about a Get Yashan?

3)

(a)One Beraisa supports Rav, another Beraisa supports Shmuel. The former rules that even if the Shali'ach spent three months bringing the Get to the woman - she still has to wait three months from the time that she receives it.

(b)The Tana concludes there 'u'le'Get Yashan Lo Chaishinan'. A Get Yashan is - when the couple went into seclusion together after the Get has already been written.

(c)It is Pasul - because we suspect that a child will subsequently be born, and people will say that the Get preceded the child and that he was therefore born out of wedlock.

(d)He is not concerned about a Get Yashan - because, seeing as they are in two different countries. no seclusion can possibly have taken place.

4)

(a)In the Beraisa that supports Shmuel, what does the Tana say about a case where the husband handed a Get to a third party to give to his wife in three months time.

(b)Rav Kahana, Rav Papi and Rav Ashi reckoned from the time of writing (like Shmuel). Rav Papa and Rav Huna Brei de'Rav Yehoshua, from the time the woman receives it (like Rav). Like whom is the Halachah?

4)

(a)In the Beraisa that supports Shmuel, the Tana rules that when the husband hands a Get to a third party to give to his wife in three months time - she is permitted to remarry from the moment she receives it.

(b)Rav Kahana, Rav Papi and Rav Ashi reckoned from the time of writing (like Rav). Rav Papa and Rav Huna Brei de'Rav Yehoshua hold like Shmuel - whose opinion is Halachah.

5)

(a)The termination of Sh'mitah generally cancels outstanding loans. Why does it not cancel a Kesuvah?

(b)According to Rav, a Kesuvah only enters the realm of a loan after the woman has claimed part of it and the remainder has been transformed into a loan. What does Shmuel say?

(c)At which stage does a Kesuvah leave the realm of Ma'aseh Beis-Din and become a loan?

(d)Which Amora enjoys the support of a Beraisa?

5)

(a)The termination of Sh'mitah generally cancels outstanding loans. It does not however, cancel a Kesuvah - because it is a Ma'aseh Beis-Din (an act of Beis-Din [and not a private loan]).

(b)According to Rav, a Kesuvah only enters the realm of a loan after the woman has claimed part of it and the remainder has been transformed into a loan. According to Shmuel - either of the two will suffice.

(c)A Kesuvah leaves the realm of Ma'aseh Beis-Din and become a loan, the moment they go to Beis-Din with it.

(d)Both Rav and Shmuel enjoy the support of a Beraisa?

6)

(a)The Tana (of the Beraisa which supports Shmuel) lists three cases (all to do with Nashim) together with Kesuvah. What are they?

(b)What concession do Sh'taros of Ma'aseh Beis-Din enjoy over ordinary Sh'taros with regard to their signing?

(c)On what grounds does Shmuel incorporate Kesuvos in the realm of Ma'aseh Beis-Din?

6)

(a)The Tana (of the Beraisa which supports Shmuel) lists three cases (all to do with Nashim) together with Kesuvah - 'O'neis' (the fifty Shekel a man is obligated to pay the girl he raped); 'K'nas' (the hundred Shekel ... for slandering her the day after their marriage); 'Pituy' (the fifty Shekel ... for seducing her).

(b)Sh'taros of Ma'aseh Beis-Din enjoy the concession over ordinary Sh'taros - of being signed the night after they have been written (because the obligation is binding anyway, and the signing is no more than a formality).

(c)Shmuel incorporates Kesuvos in the realm of Ma'aseh Beis-Din - because, due to the mutual feeling of attachment between the Chasan and the Kalah, the Shibud takes effect immediately the Kesuvah is written (on the time of the Chupah), and the signatures are only a formality.

7)

(a)The Kesuvah of Rav Chiya bar Rav was signed the night after it was written, and Rav himself was one of the signatories. Does this mean that Rav agrees with Shmuel regarding all Sh'taros of this nature?

(b)Why should 'Asukin be'Oso Inyan' make any difference?

7)

(a)The Kesuvah of Rav Chiya bar Rav was signed the night after it was written, and Rav himself was one of the signatories. This does not necessarily mean that Rav agrees with Shmuel regarding Kesuvah - because he may follow the opinion of Rebbi Elazar b'Rebbi Tzadok, who validates all Sh'taros that were written by day and signed by night provided the parties were 'Asukin be'Oso Inyan' (negotiating from the time of writing until the time of signing).

(b)The reason for this is - because, seeing as the witnesses were ready to sign immediately, only they had to wait until the negotiations were complete, there is a 'Kol' as if they had signed immediately.

8)

(a)Rebbi Shimon validates a Get that is written by day and signed the following night. Why is that?

(b)On what grounds does Resh Lakish qualifies Rebbi Shimon's opinion, restricting it to when they signed that night, but not later.

(c)What does Rebbi Yochanan say?

8)

(a)Rebbi Shimon validates a Get that is written by day and signed the following night - because, in his opinion, the man forfeits his rights to his wife's Peiros already from the moment he decides to divorce her (as we explained on the previous Daf).

(b)Resh Lakish qualifies Rebbi Shimon's opinion, restricting it to when they signed that night, but not later ('mi'Ka'an ve'Ad Asarah Yamim') - because after that, we are afraid that he may have temporarily made up to her and they were intimate (making the subsequent Get a Get Yashan).

(c)Rebbi Yochanan says - that had they made up, the neighbors would have known about it, and there would have been be a Kol. Consequently, if there is no Kol, there is no reason to differentiate between immediately and later.

18b----------------------------------------18b

9)

(a)According to Resh Lakish, if a man asks ten men to write a Get, all of them are witnesses. What does Rebbi Yochanan say?

(b)What does the Mishnah in ha'Omer say about a man who says to ten people 'Kisvu Get le'Ishti'?

(c)How will we reconcile Rebbi Yochanan and Resh Lakish with the Mishnah in ha'Omer?

(d)There are two ramifications of their Machlokes. One of them is when two of the men concerned signed on the same day and the remainder, on subsequent days. According to Rebbi Yochanan, the Get is Kasher, according to Resh Lakish, it is Mukdam and therefore Pasul. What is the other?

9)

(a)According to Resh Lakish, if a man asks ten men to write a Get, all of them are witnesses. Rebbi Yochanan rules - that two of them are witnesses, whereas the rest are merely in order to humiliate her.

(b)The Mishnah in ha'Omer says - that if a man says to ten people 'Kisvu Get le'Ishti' - one of them writes the Get, and two of them act as witnesses.

(c)To reconcile Rebbi Yochanan and Resh Lakish with the Mishnah, we establish the former - where the husband specifically said 'Kulchem', whereas the latter speaks when he did not.

(d)One of the two ramifications of their Machlokes. is where two of the men concerned signed on the same day and the remainder, on subsequent days, in which case, the Get is Kasher according to Rebbi Yochanan, but Mukdam and therefore Pasul according to Resh Lakish; the other is - where one of the men is found to be a relation or Pasul for some other reason. In this case too, the Get will be Kasher according to Rebbi Yochanan, but Pasul according to Resh Lakish.

10)

(a)There is a Machlokes whether the Get will be Kasher, according to Rebbi Yochanan, if the relatives or the Pasul witnesses signed first. On what grounds will the Get ...

1. ... still be Kasher?

2. ... be Pasul?

10)

(a)There is a Machlokes whether the Get will be Kasher, according to Rebbi Yochanan, if the relatives or the Pasul witnesses signed first, in which case, the Get will ...

1. ... still be Kasher - if we take for granted that they are among those who signed as part of the condition, and it is two of the other signatories who are the witnesses.

2. ... be Pasul however, on account of a Takanas Chachamim - because, by virtue of the fact that they signed first, people will assume that they signed as witnesses, and will go on to validate other Sh'taros whose two sole witnesses are relatives or Pasul.

11)

(a)What did Rebbi Yehoshua ben Levi say concerning the Get on which two of the specified men signed on the same day, and the others up to en days later?

(b)How did he contend with Resh Lakish, who restricted Rebbi Shimon's ruling to when the signatories signed immediately?

(c)If Rebbi Yehoshua ben Levi holds like Rebbi Yochanan, then why did he need to come on to Rebbi Shimon, seeing as the subsequent signatories only sign in order to fulfill the condition (but not as witnesses)?

11)

(a)When the Get on which two of the specified men signed on the same day, and the others, up to ten days later came before him, Rebbi Yehoshua ben Levi declared - that in time of emergency (such as here, where the husband has already left or because the woman has already married on the basis of the Get), one could rely on Rebbi Shimon, who validates a Get that has been written by day and signed by night.

(b)True, Resh Lakish restricted Rebbi Shimon's ruling to where the signatories signed immediately - but Rebbi Yehoshua ben Levi follows the opinion of Rebbi Yochanan.

(c)Even though Rebbi Yehoshua ben Levi holds like Rebbi Yochanan in the previous issue, nevertheless he needed to come on to Rebbi Shimon, because despite the fact that the subsequent signatories only sign in order to fulfill the condition (but not as witnesses) according to Rebbi Yochanan - in this regard, he holds like Resh Lakish (who requires all the specified men to sign as witnesses).

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