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|GITIN 29 - 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 29 (8 Av) - Dedicated in honor of the second Yahrzeit of Mrs. Lily (Leah bas Pinchas) Kornfeld, a holocaust survivor who met all of life's challenges with courage and fortitude, by her daughter and son-in-law Diane and Andy Koenigsberg and family.
According to the second Lashon R. Yosef says only a person who was taken out to be killed by a Nochriish court is regarded as a Safek, but someone who is taken out by a Jewish court is regarded as definitely dead. (1)
If two witnesses testify in Beis Din that a person was condemned to be put to death in a different Beis Din he is put to death on the basis of the testimony.
If it is heard from a Beis Din of Yisrael that someone died his wife may remarry.
If it is heard from Nochriish executioners that someone died his wife may not remarry.
A Nochri is believed to testify in a coincidental fashion that a woman's husband died if they do not have any self interest in the testimony.
If someone is a Shali'ach to bring a Get in Eretz Yisrael and he becomes ill he may send the Get with another Shali'ach.
If the Shali'ach was instructed by the husband to also take an object from her he may not send it with someone else because a person does not want his Pikadon in the hands of others.
If someone tells a Shali'ach, Holech (bring) a Get to my wife, the Shali'ach may send it with someone else. (2)
If he says, At (you) Holech a Get to my wife, the Shali'ach may not send it with someone else.
If someone instructs two people to give a Get to his wife, or if he tells three people to write a Get and give it to his wife they should write it and give it. (3)
Rava says that Mili (words) may not be given over from one Shali'ach to another.
Rav says that a Shali'ach Matanah is not the same as a Shali'ach for a Get and Shmuel argues. (4)
A borrower may not lend the borrowed object and a renter may not rent the rented object.
If a Shali'ach is instructed to take an object from the wife and then to give her a Get he may not send the Get with someone else, but if he does send it with someone else if she gives the object first, the Get it is Kosher.
R. Yochanan holds that if the Shali'ach gives the Get before receiving the object from the wife it is not a Kosher Get. (5)
Reish Lakish says that even if the Shali'ach gives the Get before receiving the object from the wife it is a Kosher Get. (6)
If someone is a Shali'ach to bring a Get in Medinas ha'Yam and he becomes ill he may appoint another Shali'ach in Beis Din and he must say B'Fanai Nichtav. (7)
If a Shali'ach in Medinas ha'Yam appoints a second Shali'ach the second Shali'ach may appoint a third Shali'ach as long as he does so in Beis Din. (8)
If one Shali'ach appoints another Shali'ach as long as the husband is alive the second Shali'ach may give the Get, even if the first Shali'ach died.
If someone gives a Get to his wife and he says that it should go into effect now if I do not come back within 12 months it is a Kosher Get if he does not come back. (9)
The concern for a Get Yashan (that a husband will seclude himself with his wife after the date of the Get) applies only to a Nesu'ah; not an Arusah.
A BIT MORE
1. Because Nochris take bribes while a Jewish court does not.
2. R. Shimon Ben Gamliel holds that he may not send the Get with someone else.
3. They must write the Get themselves and they may not instruct a Shali'ach to write the Get. But if he tells three people to give a Get to his wife they may instruct others to write the Get because he made them into a Beis Din.
4. According to Rav if a person instructs Sheluchim to write and give a Shtar Matanah to Ploni, they may instruct others to write it, and Shmuel holds that they may not instruct others to write the Get because Mili may not be given over from one Shali'ach to the next.
5. Whether the first Shali'ach was the one to give the Get or the second Shali'ach gave the Get it is Pasul because the Shali'ach disobeyed the instructions of the husband who wanted the Get to be withheld until the object was received. Therefore l'Chatchilah the first Shali'ach should not make a second Shali'ach because he may fail to instruct the second Shali'ach properly.
6. Even though the husband instructed the Shali'ach to take the object first Reish Lakish holds that the husband does not mind if he gives the Get before taking the object.
7. It is not necessary for the second Shali'ach to say B'Fanai Nichtav and instead he shall say that he is a Shali'ach Beis Din.
8. In Eretz Yisrael one Shali'ach may appoint another Shali'ach even without a Beis Din.
9. However he must say that she shall be believed that he did not come back within 12 months because otherwise it is a Get Yashan.
ONE SHALI'ACH TO ANOTHER
R. Yochanan holds that if the Shali'ach gives the Get before receiving the object from the wife it is not a Kosher Get because he disobeyed the instructions of the husband who wanted the Get to be withheld until the object was received. Therefore l'Chatchilah the first Shali'ach should not make a second Shali'ach because he may fail to instruct the second Shali'ach properly. Accordingly if the husband instructed the Shali'ach anything else other than simply giving the Get; for example if the Shali'ach was instructed to ask the wife to be Mochel a Zechus in her Kesuvah before giving the Get, he may not appoint a second Shali'ach because of the concern that he will not covey the instructions properly (Korban Nesanel)
APPOINTING MORE THAN ONE SHALI'ACH
A person who is bringing a Get from one place to another in Eretz Yisrael and becomes ill, or an Ones occurred, the Get may be sent with a second Shali'ach. If the second Shali'ach also becomes ill he may appoint a third Shali'ach and so on until 100. No witnesses are necessary when he makes another Shali'ach. The last Shali'ach gives the Get to the woman in front of two witnesses and she is divorced with the Get even if the first Shali'ach had already died. (Rambam Hilchos Gerushin 7:4)
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