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GITIN 46

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12th CYCLE DEDICATION
GITIN 46 (25 Av) - Dedicated by Mrs. G. Kornfeld for the eighth Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), an exceptional woman with an iron will who loved and respected the study of Torah.

SUMMARY

According to the first Lashon of R. Nachman it is only prohibited to get remarried if the husband says to his wife at the time of the divorce that he is divorcing her because of Shem Ra or because of a Neder (1)
 
According to the second Lashon of R. Nachman the husband must say to his wife at the time of the divorce that he is divorcing her because of Shem Ra or because of a Neder. (2)
 
Rebbi Yehudah holds that the Neder that was made to the Giv'onim was made b' Rabim and therefore it could not have been released by a Chacham.
 
It is a Machlokes if a Rabim with regards to a Neder is three or ten people.
 
The Rabanan hold that the Neder to the Giv'onim was a Neder Ta'us and was not a valid Neder, but they kept the Neder to avoid a Chilul Hashem.
 
R. Meir holds that a person does not mind if his wife disgraces herself when she goes to Beis Din to be released from her Neder and R. Eliezer argues.
 
If the husband makes a Neder to divorce his wife he may remarry her after the divorce.
 
R. Nasan says that making a Neder is like building a Bamah and keeping the Neder (failing to have it released by a Chacham) is like bring on it a Korban.
 
If someone divorces his wife because she is an Ailonis Rebbi Yehudah says that he may never remarry her. (3)
 
If she gets remarried and has children and she makes a claim on the Kesuvah from her first husband Rebbi Yehudah says that we tell her that she is better off being silent. (4)
 
R. Meir holds that if someone divorces his wife because she is an Ailonis he may not remarry his wife if he made a Tenai Kaful. (5)
 
If someone sells himself and his children three times to Nochris we don't redeem them but we redeem the sons after the death of the father.

A BIT MORE

1. The first Lashon of R. Nachman holds that the reason why the Tana Kama holds that if someone divorces his wife because of Shem Ra or because of a Neder may not remarry her is because we are concerned that he will claim that if he had known that the Shem Ra was not true or that the Neder would be released by a Chacham he would not have divorced her and he can only make that claim if he told her at the time of divorce that he was divorcing her because of the Shem Ra or the Neder.
 
2. The second Lashon of R. Nachman holds that the reason why the Tana Kama holds that if someone divorces his wife because of Shem Ra or a Neder may not remarry her is so that women will not be Parutz in Arayos and Nedarim. .
 
3. Rebbi Yehudah holds that we are concerned that if she gets remarried and has children he may claim that if he had known that she was capable of having children he would not have divorced her and the Get will be Batel.
 
4. Because he may claim that if he had known that she was capable of having children he would not have divorced her.
 
5. He must say at the time of divorce that I am divorcing you because you are an Ailonis and if you are not an Ailonis I do not wish to divorce you.
 
.

BRIEF INSIGHT

THE DECEIPT OF THE GIV'ONIM
 
The Rabanan hold that the Neder to the Giv'onim was a Neder Ta'us and was not a valid Neder, but they kept the Neder to avoid a Chiul Hashem. Why was it necessary for the Giv'onim to use deceit? According to Rashi they had no choice but to use deceit because we were not allowed to accept anyone from the seven nations as Gerim because they only want to become Gerim out of fear. However the Radak says that we were permitted to accept them as Gerim and that Klal Yisrael were willing to make peace with them if they were willing to give up Avodah Zarah and to keep the seven Mitzvos Bnei Noach, however the Giv'onim were not willing to do so.

QUICK HALACHAH

THE GIV'ONIM
 
Yehoshu Bin Nun sent three letters to the Kina'nim before Klal Yisrael entered Eretz Knia'an. The first letter said whoever wants to run away may do so. The second letter stated that whoever wants to make peace may do so. The third letter stated that whoever wants to fight may do so. If so why did the Giv'onim use deceit? Because they did not response originally when they received the letters and they did not know the Mishpat of Yisrael and they thought that it was too late for Shalom. If so why were the Nesi'im displeased and were ready to kill them if not for the Shevu'ah? Because we were Kores Bris with them and it was forbidden to be Kores a Bris with them and instead they should have been our servants. Since the Shevu'ah was a Ta'us they should have killed them for their deceit if it wasn't for the fact that it would have been a Chilul Hashem. (Rambam Hilchos Melachim 3:1,2)
 
This is a mistake because Yeshoshua only appealed to them for peace before we crossed the Yarden but once we crossed the Yarden we were no longer willing to accept them. (Ra'avad)

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