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GITIN 2

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GITIN 2 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman Ztz"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, a Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim.

SUMMARY

A Shali'ach who brings a Get from Medinas ha'Yam to Eretz Yisrael must testify that the Get was written and signed in front of him. (1)
 
A Shali'ach who brings a Get from one Medinah to another in Medinas ha'Yam must testify that the Get was written and signed in front of him. (2)
 
Rebbi Yehudah says that Medinas ha'Yam is from Rekem to the east and from Ashkelon to the south and from Ako to the north. (3)
 
It is not necessary for a Shali'ach who brings a Get in Eretz Yisrael to testify that the Get was written and signed in front of him.
 
If the husband claims that a Get that was brought in Eretz Yisrael is forged the signatures must be authenticated. (4)
 
Rabah says that the Shali'ach must testify b'Fanai Nichtav ub'Fanai Nichtam because of the concern that it was not written Lishmah.
 
Rava says that the Shali'ach must testify b'Fanai Nichtav ub'Fanai Nichtam because of the concern that the Get was forged. (5)
 
If two Sheluchim brought the Get or if the Get was brought within one Medinah in the Medinas ha'Yam, according to Rava it is not necessary for the Shali'ach to say B'Fanai Nichtav ub'Fanai Nichtam.
 
If the Get was brought from one Medinah to another in Eretz Yisrael according to Rabah it is not necessary for the Shali'ach to say B'Fanai Nichtav ub'Fanai Nichtam.
 

 
One witness is believed to testify about Isurim if it is not Ischazeik Isura.
 
Two witnesses are required to testify for a Devar Ervah.
 
Most people are aware of the requirements for a Get to be written Lishmah.
 
R. Meir takes a Mi'ut (minority) into account.

A BIT MORE

1. Raban Gamliel says even if he brings the Get from Rekem and Cheger and R. Eliezer says even if he brings the Get from Kfar Ludim to Lud.
 
2. R. Shimon Ben Gamliel says that even if he brings the Get from one district to another he must testify that the Get was written and signed in front of him.
 
3. The border of Eretz Yisrael to the west is the Yam ha'Gadol (Mediterranean).
 
4. A Get that was brought from Medinas ha'Yam does not have to be authenticated because the Shali'ach testified that the Get was written and signed in front of him.
 
5. When the witnesses testify that the Get was written and signed before them it is regarded as an authentication of the signatures.
 
6. Because the Torah believes each and every person with respect to separating Terumah, Shechitah, Nikur ha'Gid and Chelev.

BRIEF INSIGHT

BORDERS OF ERETZ YISRAEL
 
Rebbi Yehudah says that Ako is the border of Medinas ha'Yam to the north of Eretz Yisrael. Tosfos asks that the Gemara says later that Ako is in Eretz Yisrael, not in Chutz la'Aretz. Rabeinu Tam answers that Ako was half in Eretz Yisrael and half in Chutz la'Aretz. The Ri answers that a Shali'ach who comes from Ako must say B'Fanai Nichtav ub'Fanai Nichtam even if he comes from the half of Ako that is in Eretz Yisrael because Ako is very distant from the main residential areas of Eretz Yisrael.

QUICK HALACHAH

Why did the Chachamim require the Shali'ach to say B'Fanai Nichtav ub'Fanai Nichtam in Chutz la'Aretz? So that the woman will not be required to authenticate the Get in the event that the husband comes and makes a claim because it is difficult to find witnesses to authenticate a Get that is brought from one place to another in Chutz la'Aretz. If the husband brings witnesses that testify that the Get was forged he is believed even though the Shali'ach said B'Fanai Nichtav ub'Fanai Nichtam. The Chachamim only believe the Shali'ach if the husband makes a claim without any proof but the Shali'ach is not believed if witnesses contradict him. (Rambam Hilchos Gerushin 7:8,9)

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