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GITIN 24

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GITIN 24 - 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 24 (3 Av) - dedicated l'Iluy Nishmos Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, and Mrs. Lily (Leah bas Pinchas) Kornfeld who passed away on 8 Av 5765, by their daughter Shifra, and family.

SUMMARY

A woman may be a Shali'ach to bring her own Get and she must say B'Fanai Nichtav.
 
According to Rebbi Yosi the five relatives of a woman who are Muchzak to hate her may bring her Get in Eretz Yisrael, but not in Chutz la'Aretz. (1)
 
If the husband instructs his wife to pick her Get up from the ground it is not a valid Get.
 
A person who is a Shali'ach to bring a Get cannot turn into a Shali'ach to receive the Get. (2)
 
It is a Machlokes whether a woman may appoint a Shali'ach to receive the Get from a Shali'ach of her husband. (3)
 
If a husband appoints his wife to be a Shali'ach to bring her Get and then to appoint another Shali'ach to give her the Get she must say B'Fanai Nichtav.
 
A Get must be written specifically for the particular woman who it is to be used for.
 
If someone writes a Get to be used for one wife he may not use the Get for another wife with the same name. (4)
 
A person may collect a loan with a loan document even though there is another person with the same name living in his city. (5)
 
A person may not collect a loan from a borrower with a loan document if there is another person with the same name as the borrower in the same city.
 
If there are two women with the same name in the city there must be Eidei Mesirah present when the husband gives her a Get. (6)
 
Rav says that although a Get that was written for a different woman is Pasul however it invalidates her to Kehunah. (7)
 
Shmuel says that even if the Get was written for the purpose of teaching Sofrim how to write it invalidates the woman to a Kohen.
 
Shmuel says that any time the Tana states that a Get is Pasul it invalidates the woman to Kehunah.
 
Anytime the Tana states that a Chalitzah is Pasul it invalidates her from doing Yibum to any of the brothers.

A BIT MORE

1. Because in Chutz la'Aretz they must say B'Fanai Nichtav and they are not believed.
 
2. Because a Shali'ach must be able to return to the sender after the completion of the Shelichus to notify him that he carried out his Shelichus and it is not possible for him to do so if he immediately becomes a Shali'ach to receive the Get.
 
3. One reason that is given is because it is a disgrace to the husband that she refuses to receive the Get herself and another is because it is a Gezeirah that maybe the husband will place the Get into the Chatzer of his friend and then she will subsequently buy the Chatzer.
 
4. Even if he tells the Sofer to write the Get Stam and that he will use it for whichever wife he chooses to divorce it is Pasul.
 
5. We are not concerned that maybe the lender was the other person in the city with the same name and he lost the document and it was found by him.
 
6. Without Eidei Mesirah there is a concern that the Get was written for the other woman with the same name and it ended up in the hands of this woman.
 
7. Because it has a Rei'ach ha'Get.

BRIEF INSIGHT

THE CONCEPT OF BEREIRAH'
 
If someone has two wives with the same name if he tells the Sofer, "Write the Get Stam and I will use it for whichever wife I choose to divorce" it is Pasul. The Gemara states that the reason is because 'Ein Bereirah and Rashi explains that we do not use the concept of Bereirah and therefore we do not assume that the wife that he ends up divorcing is the one that he had in mind to divorce in the first place. Tosfos argues with Rashi and he says that even the Tana may hold of the concept of Bereirah, but even so it is not a Kosher Get because the Pasuk says "v'Kasav Lah" which implies that it has to be clear at the time that the Get is written which wife is being divorced.

QUICK HALACHAH

A SHALI'ACH FOR A GET
 
If a woman appoints a Shali'ach in front of witnesses and she instructs him, "Take for me my Get and it should be in your hands" he is a regarded as a Shali'ach Kabalah and it is the same as if she instructed him to be Mekabel the Get. A woman may appoint a Shali'ach Kabalah to receive the Get from the Shali'ach of her husband. (Rambam Hilchos Gerushin 6:9)
 
The Halachos Gedolos however rules like Rav that a woman may not appoint a Shali'ach Kabalah to receive the Get from the Shali'ach of her husband. According to the reason given that it is a Gezeirah because of a case where the husband will place the Get in someone's field, the woman may not appoint a Shali'ach Kabalah even if the husband says that he does not mind or even if there is no disgrace to the husband, such as a case that the woman appointed the Shali'ach before the husband appointed his Shali'ach. (Hagahos Maimonis)

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