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GITIN 23

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GITIN 23 - 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 23 - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and family. May his love for Torah and for Eretz Yisrael be preserved in all of his descendants.

SUMMARY

A deaf-mute, insane person and a minor may only write a Get if a Gadol stands over them to instruct them to write the Get Lishmah.
 
A Nochri may not write a Get according to R. Elazar even if a Yisrael stands over him. (1)
 
According to R. Meir a Get that is found in the garbage may be used as long as the witnesses sign on the Get Lishmah.
 
Even according to R. Elazar a deaf-mute, insane person and a minor may write a Get as long as they do not write the Toreif (main part of the Get).
 
Anybody may be a Shali'ach to bring a Get except for a deaf-mute, insane person, a minor, a blind person and a Nochri.
 
If a Katan becomes a Gadol, or if a deaf-mute or blind person recovers from their deafness or blindness or if a Nochri becomes a Ger after receiving a Get they are not a valid Shali'ach to bring the Get.
 
If the Shali'ach becomes a deaf-mute or insane after receiving the Get and then recovers he is a valid Shali'ach to bring the Get.
 
If a Shali'ach becomes blind after receiving the Get he is a valid Shali'ach to bring the Get.
 
It is a Machlokes between R. Ami and R. Asi whether a servant may be a Shali'ach to bring or receive a Get.
 
A Nochri or a Kusi may separate Terumah from their own produce and the Terumah they separate is forbidden to non-Kohanim.
 
If a Nochri or a Kusi separate Terumah from the produce of a Yisrael it is not Terumah even though the Yisrael instructed them to separate the Terumah.
 
A servant may be a Shali'ach to receive a Shtar Shichrur from a master other than his own, but not from his own master. (2)
 
If a maidservant receives a Shtar Shichrur that frees her unborn baby, but not herself, the unborn baby goes free. (3)
 
The five women who are not believed to testify that a woman's husband died may be a Shali'ach to bring her Get. (4)
 
R. Yosef says that the five women may only be a Shali'ach to bring her Get in Eretz Yisrael, not in Chutz la'Aretz because they are not believed to say B'Fanai Nichtav.
 
Abaye says that the five women may only be a Shali'ach to bring her Get in Chutz la'Aretz because the husband will not be believed if he makes a claim on the Get, but they may not be a Shali'ach in Eretz Yisrael. (5)

A BIT MORE

1. Because R. Elazar holds that a Get must be written Lishmah and even if a Nochri is instructed to write the Get Lishmah he will do what he pleases.
 
2. He may not be a Shali'ach to receive a Shtar Shichrur for his fellow servant who is owned by the same master because the hand of the servant is like the hand of the master.
 
3. This is in accordance with the opinion of Rebbi who says that someone may free a half of a servant and he holds that an unborn baby is regarded as part of the body of the mother and therefore it is the same as freeing one of her limbs.
 
4. A mother-in-law and the daughter of the mother-in-law, a Tzarah, a Yevamah, and the daughter of a husband are not believed to testify that her husband died because we assume that they hate her and are lying so that she will be forbidden to her husband. However, they are permitted to bring her Get because the Get document is proof that they are not lying.
 
5. Since in Chutz la'Aretz the Shali'ach must testify B'Fanai Nichtav the husband will not be believed to make a claim on the Get and therefore there is no way that they can damage the woman. In Eretz Yisrael however, since they do not testify B'Fanai Nichtav the husband will be believed if he makes a claim on the Get and therefore we are afraid that they are trying to damage her and they may not bring the Get.

BRIEF INSIGHT

A GAZLAN AS A SHALI'ACH
 
Anybody may be a Shali'ach to bring a Get except for a deaf-mute, insane person, a minor, a blind person and a Nochri. The Rosh says that a person who is a Gazlan d'Rabanan may be a Shali'ach to bring a Get even in Chutz la'Aretz just like he is Kosher for testimony that a woman's husband died. However a Gazlan Min ha'Torah may not be a Shali'ach to bring a Get, however if he does Teshuvah after receiving the Get he is a valid Shali'ach even though he was Pasul at the time that he received the Get.

QUICK HALACHAH

WOMEN AND RELATIVES FOR A GET
 
Women and relatives are Kosher to be a Shali'ach to bring a Get and even people that are Paul d'Rabanan because of an Aveirah are Kosher to bring a Get however those that are Pasul Min ha'Torah because of an Aveirah are Pasul to bring a Get and if they do bring a Get it is Pasul. (Rambam Hilchos Gerushin 3:1,2)
 
Only a servant and a Nochri are Pasul to bring a Get because they are not included in Toras Gitin and Kidushin. But why should someone who is Mechalel Shabbos or had relations with a married woman be Pasul to bring a Get? He is a complete Yisrael in every way! (Ra'avad)

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