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GITIN 34

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SUMMARY

If orphans who are Ketanim want to divide up the inheritance of their father Beis Din appoints caretakers and a portion is chosen for each one.
 
Shmuel says that when the orphans become Gedolim they may protest the portion that they received and R. Nachman holds that they have no right to protest. (1)
 
Abaye says that Giluy Da'as has no significance with respect to a Get and Rava argues.
 
If someone gives a Get to his wife and he says that if he does not return within 30 days it should go into effect, if he was held back from returning because the ferry service was discontinued the Get goes into affect.
 
If someone gives a Get to his Arusah and he says that if I don't marry within thirty days the Get should go into effect, if when thirty days are up he says that I made the effort to marry you but it didn't work out, the Get goes into effect. (2)
 
If someone gives a Get to his Arusah and he says that if I don't marry you by Rosh Chodesh Adar the Get should go into effect, if when thirty days are up he says I meant Rosh Chodesh Nisan, the Get goes into effect.
 
At first the only names written in the Get were the name that they used in that place; subsequently R. Gamliel decreed that the scribe shall write Ish Ploni and every name that he has. (3)
 
The name that is more commonly used is the name that must be written in the Get.
 
M'Ikar ha'Din a widow may not collect her Kesuvah from the property of the orphans without a Shevu'ah; after the Chachamim stopped accepting her Shevu'ah R. Gamliel decreed that she may collect the Kesuvah with a Neder. (4)
 
Witnesses must sign on a Get because of a Tikun ha'Olam and Hillel was Mesaken a Pruzbul because of a Tikun ha'Olam.
 
One may not collect from orphans without a Shevu'ah.

A BIT MORE

1. Because if so Mah Ko'ach Beis Din Yafeh.
 
2. Because Ein Ones b'Gitin. Even though he was Megaleh Da'as that he does not want the Get to go into effect Abaye holds Giluy Da'as has no significance with respect to a Get and Rava holds that this is not Giluy Da'as because he wasn't trying to be Mevatel the Get he wanted to fulfill the Tenai.
 
.
 
3. It is only necessary to write Ish Ploni and every name that he has if they are Muchzak to with more than one name in the place that the Get was written.
 
4. The orphans may choose an iten that she must prohibit on herself with her Neder

BRIEF INSIGHT

A MUMAR
 
At first the only names written in a Get were the names that were used in the place whether the Get was written; subsequently R. Gamliel decreed that the scribe shall write Ish Ploni and every name that he has. If the husband became a Mumar to Avodah Zarah Rabeinu Tam says that Chas v'Shalom to write in the Get the Goyish name that he used after he became a Mumar. The Tosefta states that a scribe that writes the original Goyish name of a Ger in a Get the Get is Kosher, if so certainly the Jewish name of a Mumar is Kosher. The Jewish name of a Mumar is no worst than a nickname and if a nickname is used in a Get it is Kosher.

QUICK HALACHAH

GILUY DA'AS
 
If someone sends a Get to his wife with a Shali'ach and the Shali'ach comes back and he says that I wasn't able to find her or she refused to take it and the husband says Baruch Hativ v'Hameitiv or some thing else that implies that he does not want to divorce her and that he is happy that the Get was withheld, the Get is not Batel and he may divorce her with it unless the husband says outright not to divorce her, or he says that he is Mevatel the Get. (Rambam Hilchos Gerushin 6:25)

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