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GITIN 13

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SUMMARY

R. Meir holds that it is a Chov for a servant to go out free because he loses the right to marry a Shifchah Kena'anis. (1)
 
If a person instructs a Shali'ach to give a Get to his wife, or a Shtar Shichrur to his servant, and then he dies it may not be given after his death. (2)
 
If a person instructs a Shali'ach to give a Manah to Ploni and he dies it should be given even after his death.
 
R. Yitzchak Bar Shmuel says that the Manah is only given after death if the Manah is stacked and placed in the corner.
 
If someone instructs a person who is holding his money that the money should be given to Ploni, if both the holder of the money and the recipient are present it is a Kinyan on the money. (3)
 
Rav says that if a Shechiv Mera instructs a Shali'ach to give Manah Zeh to Ploni from his property the money should be given but if he says Manah Stam the money should not be given. (4)
 
R. Papa holds that a Ma'amad Sheloshtan works both for a loan and a Pikadon. (5)
 
At first the Chachamim said that someone who is taken out to be killed who instructs witnesses to write a Get for his wife they should write it and give it. (6)
 
Later on the Chachamim said that also someone who is about to embark on a trip on a boat or a caravan who instructs witnesses to write a Get for his wife they should write it and give it.
 
R. Shimon Shezuri says that also a Shechiv Mera who instructs witnesses to write a Get for his wife they should write it and give it.
 
R. Meir holds that a person can be Makneh something that is not yet in existence, but only to someone who is in existence. (7)

A BIT MORE

1. Even though when he is freed he gains the right to marry a Bas Chorin however a servant prefers marrying a Shifchah because they are more Hefker than a Bas Chorin.
 
2. A Get and Shtar Shichrur may not be given after the death of the husband or master.
 
3. Even though no Kinyan was made; when he instructs that the money should be given b'Ma'amad Sheloshtan (in the presence of three people) the recipient is Koneh the money and the giver cannot retract.
 
4. Because he might be referring to a specific Manah that is buried in the ground.
 
5. Even though the money that was loaned is no longer in existence the Ma'amad Sheloshtan would be effective.
 
6. Even though he only instructed to write it, not to give it, we assume that his intention was that they should give the Get and because he did not have any peace of mind he forgot to say that they should give it.
 
7. A person cannot be Makneh something to a person who is not yet born.

BRIEF INSIGHT

KNOCKING OUT AN EYE
 
R. Meir holds that it is a Chov for a servant to go out free. The Maharitz Chiyus asks according to R. Meir why does the Torah obligate a master who knocks out the eye of his servant to set him free. If it is a Chov for the servant to go free it does not seem logical that because the master did a misdeed to the servant that the servant should be punished and be set free. The Maharitz Chiyus answers that it is not in every case that R. Meir holds it is a Chov for a servant to go free. Tosfos says that even R. Meir admits that is a Zechus for a Katan to go free since he has not yet tasted the taste of being Hefker and the Noda b'Yehudah says that if the servant is half free it is a Zechus to free the other half. Therefore it could be that in a case that the master knocks out the eye of his servant it is a Zechus for him to go free since. R. Shimon Ben Gamliel holds that he only goes free if the master deliberately knocks out his eye. For the servant to be enslaved to such a master that deliberately knocks out his eye, it is a Zechus for the servant to go free even according to R. Meir.

QUICK HALACHAH

A GET AFTER DEATH
 
If someone writes a Shtar Shichrur for his servant and he is Mezakeh it to him with a third party and he says, "Zechei in this Get for my servant," he goes free even if the Get never reaches his hand because we are Zachin for a person even if he not present. However if he says, give this Get to my servant, he can not retract but the servant does not go free until it reaches his hands. Therefore if someone says give this Get to my servant and then he dies it should not be given after his death. (Rambam Hilchos Avadim 6:1)

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