REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
GITIN 4

Ask A
Question

GITIN 4 (5 Teves) - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves

SUMMARY

R. Meir says that if a Get is found in the garbage if witnesses sign on the Get it is Kosher. (1)
 
Although R. Eliezer does not require witnesses on a Get however if witnesses that are Pasul sign on the Get, or if the witnesses sign she'Lo Lishmah the Get is Pasul.
 
Rebbi Yehudah says that both the writing and signing of a Get must be while the Get is detached from the ground.
 
A Stam Mishnah is in accordance with R. Meir.
 
The Halachah follows R. Eliezer with respect to Gitin.
 
Raban Gamliel says even if the Shali'ach brings the Get from Rekem and Cheger he must say B'Fanai Nichtav.
 
R. Eliezer says even if the Shali'ach brings the Get from Kfar Ludim to Lud he must say B'Fanai Nichtav. (2)
 
The Chachamim say that a Shali'ach who brings a Get from Eretz Yisrael to Medinas ha'Yam also has to say B'Fanai Nichtav ub'Fanai Nichtam.
 
A Shali'ach who brings a Get from one Medinah to another in Medinas ha'Yam must say B'Fanai Nichtav.
 
It is a Machlokes between Rabah and Rava whether a Shali'ach who brings a Get within one Medinah in Medinas ha'Yam must say B'Fanai Nichtav.
 
A Shali'ach who brings a Get from one Medinah to another in Eretz Yisrael does not have to say B'Fanai Nichtav ub'Fanai Nichtam. (3)
 
R. Shimon Ben Gamliel says that a Shali'ach who brings a Get within one city from one district to another must say B'Fanai Nichtav. (4)
 
Rabah agrees with Rava that the Shali'ach must say B'Fanai Nichtav if it will be difficult to find witnesses to authenticate the signatures.
 
If two Sheluchim bring a Get from Medinas ha'Yam or if a Get is brought within one Medinah in Medinas ha'Yam according to Rava it is not necessary to say B'Fanai Nichtav. (5)
 
If a Shali'ach bring a Get from Medinas ha'Yam and is unable to say B'Fanai Nichtav the signatures must be authenticated.

A BIT MORE

1. R. Meir holds that only the signatures on the Get have to be Lishmah not the writing of the Get.
 
2. The Tana Kama holds that a Shali'ach does not have to say B'Fanai Nichtav if he brings the Get from Rekem and Cheger or from Kfar Ludim to Lud since these places are close to Eretz Yisrael.
 
3. Even according to Rava it is not necessary for a Shali'ach to say B'Fanai Nichtav in Eretz Yisrael. The reason is that since there are Olei Regalim and Batei Dinim it is easy to find witnesses to authenticate the signatures.
 
4. If the two districts are Makpid not to allow people to travel from one district to the other.
 
5. However according to Rabah the Shali'ach must say B'Fanai Nichtav because of the concern that the Get was not written Lishmah.

BRIEF INSIGHT

RABAH AGREES WITH RAVA
 
The Gemara says that Rabah agrees with Rava that the Shali'ach must say B'Fanai Nichtav if it will be difficult to find witnesses to authenticate the signatures. The difference between Rabah and Rava is in a case that the two Sheluchim brought the Get or the Get was brought within one Medinah in Medinas ha'Yam. According to Rabah it is necessary to say B'Fanai Nichtav because of the reason of Lishmah. The Rosh says that there is another difference between Rabah and Rava in a case that witnesses authenticate the Get immediately when the Shali'ach brings it. According to Rava in that case it is not necessary to say B'Fanai Nichtav since the signatures are already authenticated but Rabah holds that he still must say B'Fanai Nichtav because of the reason of Lishmah.

QUICK HALACHAH

FORGED FROM WITHIN
 
If the witnesses on the Get are Pasul, even if one of them is Pasul and one is Kosher, and the Get was given in front of two Kosher witnesses it is Pasul because it is as if the Get is forged from within. (Rambam Hilchos Gerushin 1:17)

Next Daf

Index to Revach for Maseches Gitin


MAIN GITIN PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links