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GITIN 25

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GITIN 25 - 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

R. Asi says if the husband tells the Sofer, "Write the Get Stam and I will use it for whichever wife I choose to divorce," although it is Pasul the wife is Pesulah to Kehunah. (1)
 
R. Yochanan says brothers who divide up the property of their father are regarded as buyers and must return their fields to their brothers in Yovel. (2)
 
If the husband tells a scribe to write a Get for whichever wife walks through the door first it is Pasul because Ein Bereirah.
 
If someone says to his children that he will slaughter the Pesach for whoever reaches Yerushalayim first, as soon as one of them enters most of his body he is Zocheh in his portion and he is Mezakeh his brothers with him. (3)
 
A person may join or withdraw from a Korban Pesach only up until the Shechitah.
 
Someone who buys wine from a Kusi may say that the two Lugin that he will separate shall be Terumah, ten shall be Ma'aser and nine shall be Ma'aser Sheni and he shall redeem the Ma'aser Sheni and he may drink immediately according to R. Meir. (4)
 
If someone says, "This shall be your Get if I die from this sickness" she is regarded as a married woman until he dies according to Rebbi Yehudah.
 
If someone says, "This Bi'ah shall be a Kidushin if your father agrees," even if the father does not agree it is a Kidushin. (5)

A BIT MORE

1. R. Yochanan argues and he says that she is Kosher for Kehunah.
 
2. Because R. Yochanan holds Ein Bereirah and we do not assume that the field each brother received was the field they were destined to get at the time of the death of the father.
 
3. The father Shechted the Pesach for all of them, however in order to be Mezarez (encourage them to go quickly) he told them that he is slaughtering the Pesach only for the one who enters first.
 
4. R. Meir holds Yesh Bereirah and although he has not yet separated the Terumah and Ma'aser and it is still mixed together with the Chulin we say that the wine that he drinks is the wine that was destined to be Chulin while the Terumah and Ma'aser that he will separate is the wine that was destined to be Terumah and Ma'aser. However Rebbi Yehudah, Rebbi Yosi and R. Shimon argue with R. Meir.
 
5. Because there is a Chazakah that a person does not engage in a Bi'as Znus and he had in mind at the time of the Bi'ah that it shall be a Kidushin no matter what.

BRIEF INSIGHT

BEREIRAH
 
The Halachah is that all of the Gitin mentioned in the Mishnah do not Pasul the woman from Kehunah with the exception of the last case. The Ran says that in the last case where the scribe wrote the Get for whichever wife the husband will choose to divorce not only is the woman Pasul for Kehunah but if someone comes along and is Mekadesh her she is Safek Mekudeshes to that person. The reason is that we Pasken that Yesh Bereirah d'Rabanan because it is a Safek whether Yesh Bereirah or Ein Bereirah. Since it is a Safek we are Machmir and when it is a stringency we will hold Yesh Bereirah even for something that is mid'Oraisa.

QUICK HALACHAH

GET LISHMAH
 
Any Get that was not written for the man who uses the Get and the woman who is being served with the Get is not a Kosher Get. What is a case? If a scribe wrote a Get in order to learn or teach how to write a Get and the husband came along and found that the names written on the Get are the same as his own name and his wife's name and the city is the same as the city that he lives in and he uses the Get to divorce his wife it is not a valid Get. (Rambam Hilchos Gerushin 3:1)
 
According to the Rambam the woman who received the Get is not Pasul for Kehunah because we Pasken that only in the last case of the Mishnah the woman is Pesulah for Kehunah. (Kesef Mishneh)

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