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GITIN 33

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SUMMARY

The judges or the witnesses must sign on the bottom of a Pruzbul.
 
The Pruzbul is Kosher whether it is written in the language of Dayanim and signed in the Lashon of Edim or vice versa.
 
R. Gamliel decreed that a husband may not be Mevatel the Get in a Beis Din without the presence of the Shali'ach.
 
R. Yochanan says that the reason for the decree of R. Gamliel is to prevent Mamzerim. (1)
 
Reish Lakish says that the reason for the decree of R. Gamliel is to prevent Agunos. (2)
 

 
R. Yochanan says that only a Beis Din of two people is needed to be Mevatel a Get prior to the Takanah, while Reish Lakish says that a Beis Din of three is required.
 
Rebbi says that b'Dieved if the husband is Mevatel the Get in front of a Beis Din it is Batel.
 
R. Shimon Ben Gamliel says that even b'Dieved he may not be Mevatel or add a Tenai to the Get.
 
When a person is Mekadesh a woman he does so Al Da'as Rabanan and if he is Mevatel a Get the Kidushin is stripped from him. (3)
 
If someone tells ten people to write a Get for his wife he could be Mevatel some of them without the presence of the others according to Rebbi.
 
R. Shimon Ben Gamliel says that he may not be Mevatel some of them without the presence of the others.
 
Rebbi holds that Edus that is partially Batel is not completely Batel and R. Shimon Ben Gamliel holds that it is completely Batel. (4)
 
According to the second opinion everyone agrees that that Edus that is partially Batel is not completely Batel. (5)
 
If someone instructs two people to be Sheluchim to bring a Get to his wife he may be Mevatel one without the presence of the other according to Rebbi
 
R. Shimon Ben Gamliel holds that he may not be Mevatel one without the presence of the other, but if he instructed each one of them separately he may be Mevatel one without the other.
 
It is a Machlokes Tana'im whether two witnesses must see their testimony at the same time

A BIT MORE

1. We are concerned that the Shali'ach will not be aware that the Get is Batel and he will give it to the wife and she will get remarried and her children will be Mamzerim.
 
2. We don't want to make it too easy for the husband to be Mevatel the Get because we don't want the wife to be an Agunah.
 
3. This is true according to R. Gamliel who says that he may not be Mevatel a Get in front of a Beis Din.
 
4. For that reason according to R. Shimon Ben Gamliel he may not be Mevatel some of them without the presence of the others, because the others may not know that he was Mevatel them and they will go and write the Get and give it to the wife.
 

 
5. The reason why R. Shimon Ben Gamliel holds that he may not be Mevatel some of them without the presence of the others is because anything done in front of ten people requires ten people in order to retract.

BRIEF INSIGHT

When a person is Mekadesh a woman he does so Al Da'as Rabanan and if he is Mevatel a Get the Kidushin is stripped from him. Tosfos asks how we can ever put to death an Eshes Ish who is Mezaneh. It is always a Hasra'as Safek because maybe the husband will be Mevatel a Get in front of a Beis Din and the Kidushin will be stripped from him retroactively and it will turn out that she was never an Eshes Ish. Tosfos answers that that it is not regarded as a Hasra'as Safek because we follow the Rov and most husbands do not Mevatel a Get in front of a Beis Din.

QUICK HALACHAH

If the husband sends the Get to his wife with two people he may be Mevatel one without the other and even if he appoints ten Sheluchim, once he is Mevatel one of them, the Get is Batel. (Rambam Hilchos Gerushin 6:18)
 
Even though we Pasken like Rebbi that an Edus that is partially Batel is not completely Batel the Rambam holds that with regards to Shelichus we Pasken like R. Shimon Ben Gamliel that it is possible to be Mevatel one Shali'ach without being Mevatel the other. (Ran)

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