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GITIN 32

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GITIN 32 - 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

If someone sends a Get to his wife and he reaches the Shali'ach or sends a Shali'ach to be Mevatel the Get, the Get is Batel. (1)
 
If he reaches this wife or he sends a Shali'ach to her to be Mevatel the Get, the Get is Batel.
 
Once the Get reaches the hands of the wife the husband may no longer be Mevatel the Get. (2)
 
At first the husband could make a Beis Din to be Mevatel the Get; R. Gamliel decreed that he may no longer do so because of a Tikun ha'Olam. (3)
 
If the husband says Batel Hu or E Efshi Bo it is a valid Bitul.
 
If he says Pasul Hu or Eino Get it is not a Bitul of the Get. (4)
 
If a recipient of a gift says that the gift I received Mevutreles Hi, Tibatel or E'i Efshi Bo, his words have no affect. (5)
 
If the recipient of the gift says Bate'ilah Hi, or Ainah Matanah the gift is Batel. (6)
 

 
If someone send a gift with a Shali'ach and tells the Shali'ach to Holech the gift he may retract the gift if it had not yet reached the sender. (7)
 
The term Batel is a Safek Bitul, however the terms Lo Yo'il Lo Yatir, Lo Ya'azov Lo Yishlach, Lo Yigaresh, Yehei Cheres or Yehei k'Cheres is a Bitul of the Get. (8)
 
Harei Hu Cherem it is a Bitul of the Get the same as Harei Hu Hefker and Harei Hu Hekdesh is an effective Lashon for Heker and Hekdesh.
 
R. Nachman says that after the husband is Mevatel the Get it may still be used and R. Sheshes holds that the Get may no longer be used. (9)
 
Rebbi Yosi holds that if someone gives a woman Kesef Kidushin and he says I want to be Mekadesh you after thirty days he may retract before the thirty days are up.
 
R. Nachman says that a Beis Din of two people is sufficient to be Mevatel a Get and R. Sheshes says that a Beis Din of three people is required.

A BIT MORE

1. Even if the husband ran into the Shali'ach coincidentally he may be Mevatel the Get and we don't assume that he does not really want to be Mevatel the Get and his goal is only to cause her distress.
 
2. Even if he made an effort to be Mevatel the Get before it reached her hands it is not Batel.
 
3. Because the Shali'ach may not know that he was Mevatel the Get and he will give the Get to the wife who will remarry with a Get that is not valid.
 
4. Because he is not implying that he is being Mevatel the Get, instead he is implying that the Get is not Kosher.
 
5. Because the implication is that he wants to be Mevatel the gift right now and once it reaches his hands he cant be Mevatel it.
 
6. Because the implication is that the gift was never valid in the first place and the admittance of the Ba'al Din is like 100 witnesses and since he says that he wasn't Zocheh in it the gift goes back to the sender.
 
7. Because Holech is not the same as Zechi and the recipient is not Koneh the gift until it reaches his hands.
 
8. But the terms Aino Mo'il Aino Matir, Aino Me'azev. Aino Meshalech , Aino Megaresh, Cheres Hu, k'Cheres HU it is not a Bitul of the Get
 
9. R. Nachman holds that the husband is Mevatel the Shelichus but not the Get while R. Sheshes holds that he is being Mevatel the Get. The Halachah is like R. Nachman that the Get may be used a different time.

BRIEF INSIGHT

TOCH KIDEI DIBUR
 
Once the Get reaches the hands of the wife the husband may no longer be Mevatel the Get. The Gemara says that although this Din is Pashut the Mishnah is teaching us that even if he was making an attempt o be Mevatel the Get prior to the Nesinah it is not a Bitul. The Rashba says that even if the husband retracts within Toch Kedei Dibur of the Nesinah he cannot back out and the Get is valid. Even though Toch Kedei Dibur is k'Dibur, however a Get is an exception along with Avodah Zarah and Kisushin. So too once the Get reaches the hand of a Shali'ach Kabala of the woman the husband cannot retract even Toch Kedei Dibur. Consequently the Gemara could have said that the Chidush of the Mishnah is that even if the husband retracts Toch Kidei Dibur he cannot be Mevatel the Get.

QUICK HALACHAH

BITUL OF THE GET
 
If someone sends a Get with a Shali'ach and he is Mevatel the Get he may use the Get a different time because he wasn't Mevatel the Get instead he was Mevatel the Shelichus. Consequently if the Get was in the hands of the husband and he says that this Get shall be Batel he may never use the Get again and it is akin to broken pottery and if he gives her the Get she is not divorced. In addition if the husband specifies at the time that he is Mevatel the Get that is in the hands of the Shali'ach that he is being Mevatel the actual Get, the Get may no longer be used. (Rambam Hilchos Gerushin 6:21)

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