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GITIN 65

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GITIN 65 - dedicated by Dr. Moshe and Rivkie Snow in memory of Rivkie's father, the Manostrishtcher Rebbi, Hagaon Rav Yitzchak Yoel ben Harav Gedaliah Aharon Rabinowitz Ztz"l, Rav of Kehilas Nachalas Yehoshua in Canarsie, NY. A personification of the Torah scholar of old, the Ukranian-born Rebbi lived most of his life in the United States where his warm ways changed many lives. His Yahrzeit is 24 Cheshvan.
 

12th CYCLE DEDICATION
GITIN 65 (14 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum, who passed away on 14 Elul, by his son and daughter and their families.

SUMMARY

When the Rabanan made a Takanah they instituted it k'Ein d'Oraisa. (1)
 
One may use deception when redeeming Ma'aser Sheni and he may give the money to his son or daughter who a Gadol or to his Jewish servant or maidservant and have them redeem the Ma'aser Sheni for him. (2)
 
One may only own a Jewish servant or maidservant when Dinei Yovel apply. (3)
 
Produce that is grown in a imperforated flowerpot is only Chayav in Ma'aser mid'Rabanan.
 
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 may be Zocheh for himself.
 
When a Ketanah is old enough to throw a pebble and keep a nut her Kidushin is valid with respect to Mi'un. (4)
 
When a Katan is already in the category of Pe'utos (between 6 and 10 depending on maturity) he may buy and sell movable objects.
 
A Ketanah who is the age of Pe'utos is old enough to be Mekabel a Get even if her father married her off. (5)
 
A Katan who is within a year of the age of Mitzvos if he makes a Neder or if he is Makdish something it is valid.
 
A Ketanah who is within a year of the age of Mitzvos may do Chalitzah if she has Simanim of a Gedolah (Shtei Sa'aros).
 
If a Ketanah appoints a Shali'ach to be Mekabel her Get she is not divorced until the Get reaches her hands. (6)
 
If the father of a Ketanah appoints a Shali'ach to be Mekabel her Get she is divorced as soon as the Get reaches the hands of the Shali'ach.
 
If the husband instructs a Shali'ach to divorce his wife in a certain place if he divorces her in a different place it is not a valid Gerushin.
 
If he tells the Shali'ach that my wife can be found in a certain place the Get is valid even if he divorces her in a different place.
 
If a wife instructs a Shali'ach to be Mekabel her Get in a certain place if he is Mekabel it in a different place it is not a valid Get; R. Eliezer holds that it is a valid Get. (7)
 
If a wife instructs a Shali'ach to bring her Get from a certain place if he brings it from a different place it is a valid Get.
 
If the wife of a Kohen instructs a Shali'ach to bring her Get she may continue eating Terumah until the Get reaches her hands.
 
If she instructs a Shali'ach to be Mekabel the get for her she must stop eating Terumah immediately.
 
If she instructs a Shali'ach to be Mekabel the Get for her in a certain place she may continue eating Terumah until the Shali'ach reaches that place. (8)
 
R. Eliezer says that even she instructs a Shali'ach to be Mekabel the Get for her in a certain place she must stop eating Terumah immediately. (9)
 
If the husband instructs a Shali'ach to make an Eruv Techumim with dates and he makes the Eruv instead with figs. it is a Machlokes Tana'im if it is a valid Eruv.
 
If a person instructs witnesses to write and give a Get to his wife or to divorce her or to write an Igeres and give it to her they shall write and give the Get.
 
If a person instructs witnesses to Patruhah, Panesuhah, Asah Lah k'Nimus or Asah Lah k'Rauy it is meaningless. (10)
 
If a person instructs witnesses to Shalchuhah, Shavkuhah, Tarkuhah they shall write and give the Get and give it to her.
 
If a person instructs witnesses to Asah Lah k'Das it is meaningless.
 
At first the Chachamim said that someone who is being taken out in chains and instructs witnesses to write a Get for his wife they shall write it and give it. (11)
 
The Chachamim later said that also someone who is departing on a boat or on a caravan and instructs witnesses to write a Get for his wife they shall write it and give it. (12)

A BIT MORE

1. However that may only be the case if the Takanah has an Ikar d'Oraisa.
 
2. Someone who redeems his own Ma'aser Sheni must add an additionally fifth and therefore by giving the money to his son or his servant he is circumventing the requirement to add a fifth.
 
3. Because the Pasuk states that upon the arrival of the Yovel each servant will return to his family.
 
4. A Ketanah who is old enough to guard her Kidushin may be married off mid'Rabanan by her mother or brothers if her father died or if she also does not have a mother she may marry herself off. Since the Kidushin is mid'Rabanan she may do Mi'un. However the Kidushin is only valid if she is ole enough to guard her Kidushin.
 
5. She is old enough that she will not return to her father's house after the Get and therefore even if her father accepted her Kidushin and thus her marriage is d'Oraisa she may get divorced.
 
6. A Ketanah may not appoint a Shali'ach and therefore the husband may retract the Get.
 
7. R. Eliezer agrees that when the husband appoints a Shali'ach that it is not a valid Get if the Shali'ach is gives the Get in a different place because the husband only divorces his wife willingly and therefore he only wants the Get to go into affect in a certain place, however the wife is divorced even against her will so she is not Makpid where she gets divorced and she is only giving the Shali'ach an idea where her husband may be found.
 
8. Even though when she instructs the Shali'ach to be Mekabel the Get for her in a certain place he must be Mekabel it in that place and it is not sufficient for the Shali'ach to go to that place after the Kabalas ha'Get, however in this case she instructed him to be Mekabel the Get in Masa Mechasya and she said that sometimes he is found in Bavel thus she is not Makpid where he is Mekabel the Get as long as he reaches Masa Mechasya afterwards.
 
9. Because R. Eliezer holds that the Get goes into effect even if he never reaches the place that the wife instructed him to go because a woman is not Makpid.
 
10. R. Nasan holds that if he says Patruhah it is a valid Lashon but Pitruhah is not a valid Lashon because R. Nasan is from Bavel and the Babylonians differentiate between these two Leshonos.
 
11. Even though he did not instruct them to give the Get we assume that because of the great fear that he was in he forgot to tell them to give it.
 
12. R. Shimon Shezurin added also a person who is deathly ill.

BRIEF INSIGHT

TAKEN OUT IN CHAINS
 
At first the Chachamim said that someone who is being taken out in chains and instructs witnesses to write a Get for his wife they shall write it and give it. Rashi says that he is being taken out to be killed; however the Yerushalmi states that even if he is taken out in chains for monetary obligation the Din applies. The Chasam Sofer explains that Rashi also learns like the Yerushalmi that even if he is being taken out for monetary obligations the Din applies because a person who is being taken by the Malchus for monetary reasons is in mortal danger because once the Malchus gets a hold of a person for any reason they are liable to kill him. For that reason it is permitted to kill a Moser even if he is only Moser Mamon because the victim is liable to be killed even though if it only involves money. However in the beginning when the Chachamim only applied the Din to a person who is being taken out by the Malchus and not to a person who is traveling overseas on in the desert the Din only applies to someone who is being taken out to be killed. However, once the Chachamim also applied the Din to a person who is traveling overseas on in the desert then certainly it also applies to a person who is being taken by the Malchus for monetary obligations because his life is certainly in danger.

QUICK HALACHAH

YOTZEI B'KOLAR
 
If someone instructs witnesses to write a Get for his wife they shall write it and sign it and give it to the husband and they shall not give it to the wife unless they are instructed to do so.
 
If they give it to the wife without being instructed it is not a valid Get. However this only applies to a well person, however a person who suddenly fell violently ill, or a person who is taken out in chains even for money obligations, or someone who is about to travel overseas or in the desert, if any of these people instruct witnesses to write a Get for his wife they shall write it and sign and give it because it is obvious that is what they had in mind. (Rambam Hilchos Gerushin 2:12)

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