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GITIN 17

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GITIN 17 (18 Teves) - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
 

12th CYCLE DEDICATION
GITIN 17(25 Tamuz) - Dedicated by Les and Sandy Wiesel in memory of Les's mother, Faiga bas Rav Moshe Shmuel z'l.

SUMMARY

Hashem Yisbarach knew that Klal Yisrael could not live with the decrees of the Romans and therefore He exiled us to Bavel.
 
After the Chevri came to Bavel it was worst for Klal Yisrael in Bavel than it would have been under Esav. (1)
 
If one witness says B''Fanai Nichtav and two witnesses say B''Fanai Nichtam the Get is Kosher.
 
At first R. Ami says that the Get is Kosher only if the witness who said B'Fanai Nichtav is the Shali'ach because in that case it is as if two witnesses testified on both the writing and signatures of the Get. (2)
 
At a later time R. Ami said that even if the witnesses who said B'Fanai Nichtam were the Sheluchim the Get is Kosher. (3)
 
If one witness says B'Fanai Nichtam and two witnesses say B'Fanai Nichtav the Get is Pasul according to the Tana Kama, but Rebbi Yehudah is Machshir.
 
If a Get was written and signed during the day or during the night, or if it was written at night and signed the subsequent day the Get is Kosher.
 
If the Get was written at day and signed at night the Get is Pasul according to the Tana Kama, but R. Shimon is Machshir. (4)
 
R. Yochanan says that the Chachamim decreed that the date shall be written in the Get because of the concern that a person will use the Get to cover up for his niece. (5)
 
Reish Lakish that the date is written in the Get so that the wife can collect the fruit of her Nichsei Melug that was sold by the husband after the divorce. (6)
 
R. Yochanan holds that the husband has rights to the Nichsei Melug of his wife until he gives her a Get.
 
R. Shimon holds that as soon as the husband decides to divorce his wife he no longer has any right to her Nichsei Melug. (7)
 
R. Yochanan admits that according to R. Shimon the reason why the date is written on a Get is so that the wife can collect the fruit of her Nichsei Melug.
 
Three Gitin are Paul but if the woman remarries on the basis of the Get her child is Kosher. (8)
 
If the date on the Get is the week, month, year or Shemitah the Get is Kosher.

A BIT MORE

1. Rashi says that the Chevri are the Persians and when the Persians captured Bavel at the time of Koresh the state of affairs for Klal Yisrael in Bavel deteriorated.
 
2. The Chachamim believe the Shali'ach like two witnesses when he says B'Fanai Nichtav. Therefore when the Shali'ach says B'Fanai Nichtav it is as if there are two witnesses that the Get was written Lishmah. However in a case that the witnesses who said B''Fanai Nichtam are the Sheluchim there is only one witness that the Get was written Lishmah and according to Rabah the Get is Pasul..
 
3. This is in accordance with the opinion of Rava who holds that if two Sheluchim bring a Get it is not necessary to say B'Fanai Nichtav.
 
4. R. Shimon holds that although Shetaros that are predated are Pasul, however a predated Get is Kosher because a Get is not used for the purpose of collecting money or property.
 
5. If a person marries his niece he may want to cover up for her if she is Mezaneh. He may write a Get for her without a date and she can claim that she was divorced prior to the Znus.
 
6. According to Reish Lakish as soon as the Get is written the husband no longer has a right to the fruit of his wife's Nichsei Melug. If there was no date on the Get, in the event that the husband sold the Nichsei Melug, the wife would not be able to prove when the Get was written.
 
7. For that reason R. Shimon holds that a predated Get is Kosher because the wife has the right to collect the Nichsei Melug from the buyer, if her husband sold it after the date on the Get, even though she did not receive the Get until a later date.
 
8. If the Get is written in the handwriting of the husband without witnesses, or if there are witnesses without a date, or if there is a date but there is only one witness.

BRIEF INSIGHT

EVIL NATIONS
 
Rabah Bar Bar Chana prayed that Klal Yisrael shall be under the shadow of Hashem Yisbarach, or under the shadow of Esav. Even though the evil decrees of Esav were much harsher than those of the Persians, however with respect to Talmidei Chachamim it was much more difficult to live under the thumb of the Persians. The reason is that the Persians made it particularly difficult for the Talmidei Chachamim as Chazal teach us that the Sar of Persia requested that even the Talmidei Chachamim should have to pay taxes. Because of their disdain for Talmidei Chachamim they took the candle from them. Without a candle there is no Shalom Bayis and it is much more difficult to learn Torah as the Pasuk says 'Ki Ner Mitzvah u'Torah Ohr.' However the Talmidei Chachamim were not concerned about the decrees of Esav because the Pasuk says 'the voice is the voice of Yakov and the hands are the hands of Esav' when Klal Yisrael is involved in leaning Torah they have nothing to be afraid of when it comes to Esav. With respect to the average member of Klal Yisrael however, they were better off under the Persians than under Esav. (Ben Yehoyada; Chasam Sofer)

QUICK HALACHAH

DATE ON A GET
 
The Chachamim decreed that the date and the place where it was written shall be written in the Get just like other Shetaros. The reason is because of the possibility that his wife is his relative and she will be Mezaneh while she is married to him and he will write a Get for her after the Znus and he will give it to her. If there was no date on the Get she can claim that she was divorced prior to the Znus and for that reason the Chachamim were Mesaken to write the date in the Get. ((Rambam Hilchos Gerushin 1:24)

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