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|GITIN 26 - 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.|
According to Rebbi Yehudah, R. Shimon and Rebbi Yosi a person may not rely on Bereirah to separate Ma'aser because of the concern that the flask of wine will break before he separates the Ma'aser.
When a scribe writes standardized forms of Gitin or Shetaros to have them ready for when they are needed, he must leave blank the names of the parties and the date. (1)
Rebbi Yehudah holds that a scribe may not write standardized forms of Gitin or Shetaros even if he leaves blank the names of the parties.
R. Elazar holds that a scribe may not write standardized forms of Gitin even if he leaves blank the names of the parties, but he may write standardized forms of Shetaros. (2)
According to some opinions R. Meir holds that when the Sofer writes standardized-form Gitin he must leave out the names of the husband and wife because of a Takanas Ketatah or a Takanas Agunos. (3)
According to one opinion R. Elazar allows the Sofer to write standardized forms of Gitin because of the concern that the husband will be in a rush to travel and will not find a Sofer to write a Get and will leave his wife an Agunah.
A Chasan does not receive the fruit of the Nichsei Melug of his Arusah.
According to one opinion a Get must have a date even if it is used for an Arusah because of the concern that it will be used to cover up for the Znus of his niece. (4)
If someone asks a scribe to write a Get for his Arusah that he will use after he marries her it is not a Get. (5)
A scribe who writes a Get for an Arusah must leave the date blank because of the concern that the Get will not be used until after they are married and people will think their child was born out of wedlock.
Rava says that an authorization of a Shtar by the Beis Din that was written prior to the testimony of the witnesses is Pasul because it gives the appearance of a falsehood.
According to R. Meir a Get that was found in the garbage may be used if the witnesses sign on it after it is found.
A Shtar that was paid up on the same day may not be used again for a second loan because the Shibud was forfeited.
A BIT MORE
1. When he writes a Get he also must leave blank 'Harei At Muteres l'Kol Adam' according to R. Elazar and when he writes a loan document he must also leave blank the amount of money and when he writes a purchase document he must also leave blank the location of the field.
2. R. Elazar holds of a Gezeirah of Tofes (non-essential part of the Get) Atu Toreif (essential part of the Get). According to one opinion the Tana Kama is also in accordance with the opinion of R. Elazar who holds Eidei Mesirah Karti, however the Tana Kama does not hold of the Gezeirah of Tofes (non-essential part of the Get) Atu Toreif.
3. However it is not necessary to leave blank 'Harei At Muteres l'Kol Adam' because R. Meir holds that it is not necessary to write a Get Lishmah. Nevertheless the Chachamim decreed that the Sofer must leave out the names of the husband and wife because of a Takanah that the wife may find out that a Get was written with her name on it and it will cause a fight, or because if a Get was already filled out it makes it easier for the husband to give a Get to his wife causing women to be a Agunos.
4. According to another opinion the purpose of the date is to ensure that the woman can collect the fruit of the Nichsei Melug that the husband sold after the date of the Get. This reason applies only to a Nesu'ah, not to an Arusah.
5. Because of the concern that they will have a child and the date of the Get precedes the birth of a child and people will think their child was born out of wedlock.
According to one opinion R. Meir holds that when the Sofer writes a standardized form Get he must leave out the names of the husband and wife because of a Takanas Agunos. If a Get was already filled out it makes it easier for the husband to give a Get to his wife causing women to be Agunos. The Ritva asks why the wife is regarded as an Agunah. She is free to get remarried! The Ritva answers that maybe the husband will throw the Get to her and it will be a Safek whether it is closer to him or her and it will be a Safek Get and she will be an Agunah.
If someone instructs a scribe to write a Get for Plonis that he will use after he marries her, if he divorces her with the Get it is not a Kosher Get because it was written at a time that she was not a Bas Gerushin and therefore it is regarded as if it is written she'Lo l'Shem Gerushin. But if he tells the Sofer to write a Get for his Arusah and he will use it after he marries her the Get is Kosher.
A Get that is written for an Arusah is only Kosher if the date on the Get is for after the Nisu'in. (Ra'avad)
The Rambam holds that even if the date is for the Erusin and he uses it after the Nisu'in it is a Get Yashan and is Kosher b'Di'eved. (Kesef Mishneh)
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