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GITIN 15

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SUMMARY

The Halachah is that the words of a Shechiv Mera are as if they are written and given over. (1)
 
The Halachah is that it is a Mitzvah to carry out the words of a Mes.
 
If a Shali'ach says B'Fanai Nichtav without B'Fanai Nichtam or B'Fanai Nichtam without B'Fanai Nichtav the Get is Pasul.
 
If a Shali'ach says B'Fanai Nichtam on both signatures and B'Fanai Nichtav on only half of the Get it is Pasul. (2)
 
The Tana Kama says that if one Shali'ach says B'Fanai Nichtav and another Shali'ach say B'Fanai Nichtam or if one Shali'ach says B'Fanai Nichtam and two Sheluchim say B'Fanai Nichtav the Get is Pasul, but Rebbi Yehudah is Machshir.
 
If one Shali'ach says B'Fanai Nichtav and two Sheluchim say B'Fanai Nichtam the Get is Kosher.
 
R. Chisda says that if the Shali'ach says B'Fanai Nichtam on one of the signatures the Get is Pasul even if two witnesses authenticate the other signature. (3)
 
Rava says that if the Shali'ach says B'Fanai Nichtam on one of the signatures the Get is Pasul even if the Shali'ach authenticates the second signature together with another witness. (4)
 
R. Ashi says that if the Shali'ach says B'Fanai Nichtam on one of the signatures and he says that the second signature is his own signature, the Get is Pasul. (5)
 
R. Chisda says that if a fence that is five Tefach high is erected in the edge of a ditch that is also five Tefach high, they do not combine, and the area within the fence is not a Reshus ha'Yachid. (6)
 
If two people wash Netilas Yadayim from one Revi'is it is a Kosher Netilah.
 
If a person washes Netilas Yadayim on one hand and the other hand he dips into a river it is a Kosher Netilah.
 
If a person washes Netilas Yadayim on one half of his hand at a time it is not a Kosher Netilah.

A BIT MORE

1. The recipient is Koneh even without a Kinyan.
 
2. It is only Pasul if he says B'Fanai Nichtav on the second half of the Get, however if he says B'Fanai Nichtav on the first half it is Kosher, because even if only the first half of the Get was written Lishmah the Get is Kosher.
 
3. Because the Get is only Kosher if both signatures are authenticated by the Takanas Chachamim of B'Fanai Nichtam, or if both signatures are authenticated by witnesses. However, Rava argues because it is illogical since if the Shali'ach would have said that he recognizes both signatures he would have been believed even without saying B'Fanai Nichtam and now that two witnesses authenticate the second signature they are not believed.
 
4. The Get is Pasul because of the concern that a regular Shtar may be authenticated in the same way. If one witness testified on his own signature on a Shtar and then he combines with someone else to authenticate the second signature the Shtar is Pasul because three quarters of the testimony is reliant on only one witness. However, R. Ashi argues that it is illogical because if the Shali'ach alone testified on the second signature he would have been believed and now that there is another witness with him he is not believed.
 
5. Because the Get is only Kosher if both signatures are authenticated by witnesses, or if both signatures are authenticated by the Takanas Chachamim of B'Fanai Nichtam.
 
6. However Mareimar argues and he holds that they do combine and the area is a Reshus ha'Yachid.

BRIEF INSIGHT

TESTIMONY OF B'FANAI NICHTAM
 
The Gemara says that if not for our Mishnah I may have thought that b'Di'eved if the Shali'ach does not say B'Fanai Nichtam the Get is Kosher. Why would one think that the Get is Kosher? The Ritva explains that m'Ikar ha'Din the signatures on a Shtar do not require authentication because when witnesses sign on a Shtar it is as if their testimony was interrogated by the Beis Din and also m'Ikar ha'Din no testimony is required that the Get was written Lishmah since most Sofrim are aware that a Get must be written Lishmah. Therefore one might think since B'Fanai Nichtam is only required mid'Rabanan that the Get is Kosher b'Di'eved without B'Fanai Nichtam.

QUICK HALACHAH

FIRST LINE OF THE GET
 
The witnesses who sign on a Get must be present at the time of the writing of the Get in order to ensure that the husband authorized the Sofer to write the Get and that the Get is being written Lishmah. However b'Di'eved if the witnesses were only present at the time that the first line of the Get is written the Get is Kosher because we assume that just as the first line of the Get is written Lishmah so too the remainder of the Get was written Lishmah. (Shiltei Giborim)

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