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GITIN 66

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SUMMARY

If a Shechiv Mera recovers he may retract a gift that he gave.
 
If a Shechiv Mera instructs witnesses to write a Get they may give the Get to his wife even though he did not instruct them to give it. (1)
 
If a Shechiv Mera gives away all of his possessions no Kinyan is needed.
 
If a Shechiv Mera gives away a gift because of his imminent death even if he is not giving away all of his possessions no Kinyan is necessary.
 
If a person leaves instructions that he is giving a gift of 400 Zuz from his wine, his intention is to improve the position of the recipient. (2)
 
If witnesses hear a voice from the bottom of a well imploring anyone who hears his voice shall write a Get for his wife they may write the Get and give it. (3)
 
A Shad does not have a shadow within a shadow.
 
If a healthy person instructs witnesses to write a Get they are not authorized to give the Get. If a healthy person instructs witnesses to write a Get they are not authorized to give the Get.
 
If a person instructs witnesses to write a Get and he subsequently goes up to the roof and falls off if he committed suicide the Get that the witnesses gave is valid but if he was blown off the roof the Get that they gave was not valid.
 
If a father and a son are together with another person and someone instructs that two of them shall write and give a Get to his wife it is a Machlokes if the son is included.
 
If someone instructs two people to give a Get to his wife they must write the Get and give it themselves.
 
If someone instructs three people to write a Get and give it to his wife they must write the Get and give it themselves.
 
If someone instructs three people to give a Get to his wife they may appoint Sheluchim to write the Get because he made them into a Beis Din. (4)
 
Rebbi Yosi says that even if someone instructs the Beis Din ha'Gadol in Yerushalayim to give a Get to his wife they must write the Get themselves.
 
If someone instructs ten people to write and give a Get to his wife one of them shall write it and two shall sign it.
 
If he instructs ten people that all of them shall write a Get, one of them shall write the Get all of them must sign the Get. (5)
 
Shmuel says that if someone instructs two people to write a Get and a scribe writes the Get for them and they sign it themselves, the woman who is divorced with this Get may not stay with her second husband mi'Safek. (6)
 
Shmuel says that the Halachah is like Rebbi Yosi that Mili may not be passed on to another Shali'ach. (7)
 
Rebbi Yosi agrees that if the husband instructs the Shali'ach to pass on the Mili to another Shali'ach that he may do so.
 
The Mishnah states Ksav Sofer and one witness is a Kosher Get and R. Yirmiyah says that the Mishnah should state Chasam Sofer (signature of the scribe) and one witness.
 
R. Chisda says that the Mishnah that states Chasam Sofer and one witness is a Kosher Get is in accordance with Rebbi Yosi who hold that Mili may not be passed on to another Shali'ach. (8)

A BIT MORE

1. This is the opinion of R. Shimon Shezuri who holds that we assume that the intention of the Shechiv Mera was that the Get shall be given and because of his illness he forgot to speak it out.
 
2. If he would have said to give him 400 Zuz of wine, if some of the wine would have turned into vinegar the inheritors would have said that it was your wine that turned into vinegar, and if he would have said that I am giving 400 Zuz from the Dmei wine and some of it was sold and the money was lost they would have said that it was your money that was lost, so therefore he said 400 Zuz from the Dmei wine so that the all of the wine and all of the proceeds of the sale of the wine will be collateral for the gift.
 
3. Even though we cannot be certain that he is who he claims to be, however since the person is in danger of dying imminently we write and give the Get even though we don't recognize him.
 
4. This is the opinion of R. Chanina Ish Ono in the name of R. Akiva.
 
5. Therefore if one of them dies the Get is Batel.
 
6. It is a Safek if when the husband told them to write the Get if it is a reference to the writing of the Get or the signing of the Get and maybe since they signed the Get themselves the get is Kosher.
 
7. Mili is when the husband instructs a Shali'ach to do an act for him but he does not give him something tangible such as the Get. Since the Shali'ach did not receive something tangible from the husband he may not pass on the assignment to someone else according to Rebbi Yosi.
 
8. Because if Mili could be passed on to another Shali'ach we must be concerned for the possibility that the husband did not request that the Sofer sign on the Get, but the witnesses asked him to sign because they did not want to embarrass him and the Get will be Pasul. However, if Mili may not be passed on to another Shali'ach this will not be a concern because a person never signs on a Get unless he was instructed to so do directly by the husband.

BRIEF INSIGHT

THE PERFIDY OF A TZARAH
 
The Mishnah says that if someone calls out from a pit to write a Get for his wife we write it and give it. Even though there is a concern that it is a Tzarah calling out, since it is a time of danger we do not concern ourselves with the possibility that it is a Tzarah. Although we are concerned for the possibility that it is a Sheid unless we see a shadow within a shadow that is because at that time there was a bigger concern for Sheidim that there was for a Tzarah. However, Rashi says in Yevamos that if we know for a fact that there is a Tzarah in the picture we are concerned for the Tzarah and we don't write the Get. That which the Gemara states that since it is a time of danger we do not concern ourselves with the possibility that it is a Tzarah is only if we are not aware that there is a Tzarah, in such a case we aren't concerned that he went and married a second wife, but if we know for a fact that there is a second there is a greater concern for a Tzarah than there is for Sheidim. (Chasam Sofer)

QUICK HALACHAH

GET OF A HEALTHY PERSON
 
If a healthy person instructed witnesses to write a Get for his wife and they wrote it, signed it and gave it to her and he immediately committed suicide, for example he threw himself off a roof or jumped into the sea it is a Kosher Get. If he went up to the roof and was blown off by a strong wind it is not a Kosher Get. If it is a Safek whether he threw himself off or was blown off it is a Kosher Get unless we find out for certain that he was blown off. (Rambam Hilchos Gerushin 2:13)
 
This Safek is mentioned in the Yerushalmi and it states as follows, if he fell immediately it is a Get and he fell later it is not a Get. (Ra'avad)

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