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GITIN 19

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GITIN 19 - 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.

SUMMARY

If it is a Sha'as ha'Dechak we may rely on the Psak of R. Shimon that a Get may be written at day and signed at night.
 
It is a Machlokes between R. Yochanan and Reish Lakish whether a Get may be signed ten days after it was written according to R. Shimon.
 
If a person tells ten people that all of them shall write a Get, Reish Lakish says that all of them must sign as witnesses
 
R. Yochanan says that two of them must sign as witnesses and the rest sign only to fulfill the condition. (1)
 
A Get may be written with any type of ink as long as the ink will endure. (2)
 
A Get may be written on the leaf of an olive tree or on the horn of a cow or on the hand of a servant if the entire cow or servant is given to her.
 
Rebbi Yosi says that a Get may not be written on food or on a living organism.
 
If a person writes on Shabbos with black ink on top of red letters he is Chayav for both writing and erasing.
 
If a person writes on Shabbos with black ink on top of black letters or with red ink on top of red letters he is Patur.
 
If someone writes on Shabbos with red ink on top of black letters according to one opinion he is Chayav for erasing and according to another opinion he is Patur. (3)
 
R. Yochanan says that if witnesses do not know how to sign we may not write their names in red ink so that they could trace over it with black ink. (4)
 
Rav says that if witnesses do not know how to sign we scratch out their names on the parchment and they fill the grooves with ink.
 
Shmuel says that if witnesses do not know how to sign we write their names with lead on the parchment and they sign their names over the lead.
 
A Get may not be written using lead instead of ink, but it may be may be written with water that was used to soak lead.
 
R. Papa says that if witnesses do not know how to sign we write their names with spit on the parchment and they sign their names over the lead. (5)
 
If the witnesses on a Get do not know how to read the Get we read it for them and if they don't know how to sign we scratch out their names in the parchment.
 
R. Shimon Ben Gamliel says that we only allow this for Gitin but for a Shtar Shichrur or other Shetaros if they don't know how to read and sign they may not sign on the Shtar.
 
If the eyesight of the witnesses is bad if they are very respected people expert Sofrim may read the Shtar in front of them and they may sign on the Shtar. (6)
 

 
When a Shtar that was written in a Persian court came in front of R. Papa he went to two Kusim separately and had them read the Shtar and he than used to Shtar to collect even from Meshu'abadim.
 
A Shtar must be written on parchment that cannot be erased and the last line of the Shtar must summarize the contents of the Shtar.
 
A Get or Shtar that is written in Ivrit and the Edim sign in Greek or vice versa is Kosher.
 
If the husband gives his wife a blank piece of paper and he says this is your Get she is divorced [mi'Safek]. (7)
 
If a husband gives a Get to his wife and says this is your Get and she throws into the sea or the fire and than he claims that it is a Shtar Pasim or Shtar Emunah he is not believed. (8)
 
The Edim who witnessed the Get being given to the wife must read the Get.
 
If a person throws a Get to his wife between barrels and when we check we find a Mezuzah she is not divorced because we assume he threw the Mezuzah, not a Get. (9)

A BIT MORE

1. According to R. Yochanan if two of them sign that day and the rest sign ten days later it is Kosher even according to the Rabanan who argue with R. Shimon.
 
2. A Get may not be written with liquids or fruit juice or anything else that will not endure.
 
3. According to one opinion it is erasing because black ink is more legible than red ink and according to another opinion he is Patur because it is Mekalkel (a destructive Melachah) and it is as if he erased with in mind that he will not write over it.
 
4. Even though R. Yochanan says a person is Chayav for doing so on Shabbos he is not certain that he is correct and therefore it remains a Safek.
 
5. This may only be done for Gitin because of the concern that if we don't allow the witnesses to sign in this fashion we wont find other witnesses and the wife will be an Agunah, however for other Shetaros if the witnesses do not know how to sign they may not be witnesses on the Shtar.
 
6. Because the Sofrim will be afraid to read it inaccurately in front of such honorable people
 
7. Because it might have been written with Mei Milin [and it faded and is no longer visible]. However it is only a Safek Get if we after using a process we find that the words are visible. Even though it is possibility that at the time she read the Get it was completely not visible, since it may have been slightly visible at the time that she received the Get, it is a Get mi'Safek.
 
8. Since he originally said that it is a Get he is not believed to retract and claim that it is not a Get.
 
9. Since it is unusual to find a Mezuzah between barrels. However if we find a few Mezuzos since there were obviously Mezuzos there previously she is Safek Megureshes because maybe he threw her a Get and it got lost

BRIEF INSIGHT

SIGNING WITHOUT READING
 
A Get may be written on the leaf of an olive tree or on the horn of a cow or on the hand of a servant if the entire cow or servant is given to her. Rebbi Yosi says that a Get may not be written on food or on a living organism. The Rashash says that Rebbi Yosi is arguing with the Tana Kama also with regards to the olive leaf and he holds that a Get may not be written on the leaf of an olive tree. Even though a leaf is not fit for human consumption since it used for animal food it is no different than any other food and a Get nay not be written on it according to Rebbi Yosi.

QUICK HALACHAH

THE LANGUAGE OF THE GET
 
The witnesses who sign on a Get must know how to read and sign the Get. If they don't know how to read, we read it for them, but only if they know the language that the Get is written in. If they don't know how to sign we write their name with spit or with anything else that does not leave a permanent mark and they sign their names over it. This may not be done with other Shetaros; this leniency is only for a Get so that the daughters of Yisrael will not be Agunos and the signatures of the witnesses on a Get are only required d'Rabanan. ((Rambam Hilchos Gerushin 1:23)
 
According to the Tur even if the witnesses do not understand the language of the Get if we read it for them and translate it so they will understand it they may sin on the Get. (Kesef Mishneh)

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