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GITIN 64

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SUMMARY

If a Shlish is holding the Get and the husband says that he gave it for a Pikadon and the Shlish says that it was given to him for Gerushin, R. Huna says that the husband is believed. (1)
 
R. Chisda says that the Shlish is believed because the husband trusted him. (2)
 
An admittance of the Ba'al Din is like 100 witnesses, but a Shlish is believed even more that the Ba'al Din. (3)
 
If the wife appoints a Shali'ach Kabalah, two sets of witnesses are required, one set who testifies that she appointed the Shali'ach and a second set who testifies that the Shali'ach received the Get and tore it up. (4)
 
R. Elazar holds that Eidei Mesirah Karsi and witnesses are required for the Nesinah of the Get.
 
If the wife says that I saw the husband give the Get to the Shlish for Gerushin she is believed with a Migo because she could have said that the husband gave it to her.
 
If the husband and Shlish agree that a Get was given for Gerushin, but the wife says that she lost the Get they are not believed and two witnesses are required.
 
A husband who says that he divorced his wife is believed. (5)
 
If a person appoints a Shali'ach to be Mekadesh a wife for him and the Shali'ach dies the person is forbidden to all of the women in the world. (6)
 
If a wife says that the husband divorced her she is believed because of a Chazakah that a woman does not have the Chutzpah to lie in front of her husband.
 
If the others back up the claim of the woman that she is divorced, she is not believed; because her claim is supported she has the Chutzpah to lie in front of her husband.
 
Both the father and the daughter have a Yad to be Mekabel the Get of a Na'arah ha'Me'orasah.
 
Rebbi Yehudah says that only the father may be Mekabel the Get of a Na'arah ha'Me'orasah.
 
A Ketanah who is not old enough to watch her Get may not be divorced. (7)
 
A Katan who is old enough that when you give him a pebble he throws it away and when you give him a nut he keeps it for himself may be Zocheh for himself but not for others.
 
Rav Asi says that when a Katan is old enough that when you lend him an object he returns it after a while he may be Zocheh also for others.
 
Shmuel says that a Katan may not be Zocheh for others at all.
 
Someone who wants to make a Shituf Meva'os shall place a barrel of wine in the courtyard and say that the wine shall be for all of the residents of the Mavoy.
 
He shall be Mezakeh the wine to them by giving it to his son or daughter who is a Gadol or to his Jewish servant or maidservant. (8)

A BIT MORE

1. The husband is believed because if he had given it for Gerushin he would have given it to the wife, not to the Shlish.
 
2. The husband trusted him when he gave him the Get and the Shlish has a Migo that he could have given the Get to the wife.
 
3. Even according to R. Huna who says that a Shlish is not believed regarding a Get he admits that regarding Mamon the Shlish is believed because the Ba'al Din trusted him completely and when he gave him the money he had in mind that he will forfeit the money if the Shlish does not say the truth.
 
4. Since the Shlish tore up the Get he is no longer believed that he received the Get for the purpose of Gerushin and witnesses are required that he received the Get from the husband.
 
5. However in a case when he says that he gave the Get to a Shlish to give to his wife he is not believed because the Shlish is a Shali'ach Holachah and the husband is only believed when he says that he gave the Get to his wife or to a Shali'ach Kabalah.
 
6. Because we have a Klal that there is a Chazakah that a Shali'ach performs his Shelichus and we assume that he was Mekadesh a woman for him and since we don't know which woman he was Mekadesh every woman in the world is forbidden because maybe she is a relative of the woman he was Mekadesh.
 
7. When she is old enough to differentiate between her Get and something else she is old enough to be divorced.
 
8. Even though only a Ketanah may be a maidservant, even Shmuel agrees that she may be Zocheh for the residents of the Mavoy because Shituf Meva'os is mid'Rabanan.

BRIEF INSIGHT

YAD OF A KETANAH
 
A Ketanah who is not old enough to watch her Get may not be divorced. Rashi says that she may not be divorced even if her father receives her Get for her. However Rabeinu Tam disagrees and he says that if her father receives her Get for her she may be divorced because her father will watch her Get for her and will ensure that she does not return to her husband's house. Therefore according to Tosfos that which the Mishnah states that a Ketanah who is not old enough to watch her Get may not be divorced is in accordance with the Tana Kama, not Rebbi Yehudah, because according to Rebbi Yehudah a Ketanah or Na'arah may not be Mekabel her own Get even if she is old enough to watch her Get. (R. Akiva Eiger)

QUICK HALACHAH

KIDUSHIN OF A KETANAH
 
If someone is Mekadesh a Ketanah through her father and he divorces her while she is a Ketanah the father is Mekabel her Get and as soon as he receives her Get she is divorced. If he divorces her after she becomes a Na'arah as soon as the Get reaches her hands or her father's hands she is divorced. A Na'arah may not appoint a Shali'ach to be Mekabel a Get from her husband during the lifetime of her father; however her father may appoint a Shali'ach to be Mekabel the Get for his daughter who is a Ketanah or Na'arah. (Rambam Hilchos Gerushin 2:18)

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