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12th CYCLE DEDICATION
GITIN 67 (16 Elul) - sponsored by Chaim and Caroline Turkel of London in honor of the marriage of their daughter Rivka Ruth to Avraham Mordechai Gross. May the young couple merit to build a Bayis Ne'eman l'Tiferes b'Yisrael and to raise their own children and grandchildren to lives filled with Torah and Yir'as Shamayim!
A person should not instruct witnesses to instruct a Sofer to write a Get and to instruct Ploni and Ploni to sign the Get, but if he does so the Get is Kosher. (1)
It is a Machlokes if a person may instruct witness to instruct a Sofer to write a Get and to sign the Get themselves. (2)
Shmuel holds like Rebbi Yosi that Mili may not be passed on to another Shali'ach, but he does not hold like Rebbi Yosi regarding Omer Imru (the Shali'ach was instructed by the husband to pass on the Mili to another Shali'ach). (3)
Rebbi Yosi Nimuko Imo (he always brings proof to his words).
R. Shimon instructed his children to learn from him because his teachings are the cream of the cream of the teachings of R. Akiva.
The witnesses who sign on a Get or a purchase document are not suspected to sign falsely and therefore they may marry the woman or buy the field.
Although we do not suspect that witnesses will testify falsely, however we suspect that two people may mislead witnesses into testifying falsely. (4)
If the husband tells ten people to write a Get one of them shall write it.
If he tells ten people that all of them shall write a Get one of them must write in the presence of the rest of them.
If the husband tells ten people to bring a Get to his wife one of them shall bring it.
If he tells ten people that all of them shall bring a Get to his wife one of them must bring in the presence of the rest of them.
If the husband tells ten people to write a Get and he counts all of them or some of them it is Machlokes whether all of the people who were counted must write the Get.
If the husband appoints witnesses to write or sign the Get in the presence of a lot of people we write in the Get that the husband instructed that any one you shall write the Get and any two of you shall sign the Get. (5)
If someone is possessed by Kordaikus (a demon) and he instructs witnesses to write a Get for his wife we pay him no heed.
If someone instructs witnesses to write a Get for his wife and after he is possessed by Kordaikus he recants we pay him no heed.
If a someone becomes a mute and we ask him if he wants to write a Get for his wife and he nods his head in consent we test his mental facilities him three question that the answer is yes and three questions that the answer is no. (6)
R. Yosef worked in a mill and R. Sheshes worked with beams and they commented that Melachah is great because it warms up a person.
A BIT MORE
1. A person should not do so l'Chatchilah because of the concern that the wife will hire witnesses to instruct a Sofer to write the Get and to instruct witnesses to sign the Get.
2. The opinion that holds that this if prohibited is because of a Gezeirah for a case that the husband instructs to instruct Ploni and Ploni to sign the Get.
3. According to Rebbi Yosi even if the witnesses are instructed by the husband they may not pass on the Mili to another Shali'ach.
4. They are suspect to falsely tell witnesses that the husband asked that they shall be witnesses on a Get.
5. Since the husband appointed the witnesses in the presence of a lot of people we are concerned that people may think that he instructed all them to sign the Get and when they see that only two witnesses signed on the Get they may think that the Get is Pasul, therefore we write in the Get that he instructed only two witnesses to sign the Get.
6. If he nods his head yes and no correctly we assume that his mental facilities are in place and we write a Get for his wife.
A CHACHAM WHEN HE WANTS
Rebbi Yehudah is a Chacham when he wants. Rashi explains that when he wants to be deliberate in his thinking he is a Chacham. The Maharsha asks that this description is not a praise of Rebbi Yehudah. Therefore he quotes the explanation of the Aruch that any time Rebbi Yehudah wants to speak he is honored to be the first to speak. The Chasam Sofer explains differently, when Rebbi Yehudah wants to learn from every person he is a Chacham as Chazal teach us that a Chacham is someone who learns from every person. The reason why Rebbi Yehudah is described in this fashion is because the Gemara states in Nazir that Rebbi Yehudah did not want to learn from the students of R. Meir because they are Kantarim (agitators).
If the husband instructs witnesses to hire a Sofer to write the Get and to have witnesses sign on it and they follow his instructions, or if the husband instructed them to hire a Sofer to write a Get and they shall sign it themselves it is a Get Pasul. We must ponder this case very much because it is close to being a Get Batel. What is the difference between a Get Pasul and a Get Batel? A Get Pasul is Kosher Min ha'Torah and a Get Batel is Pasul Min ha'Torah.
If the Halachah is like Rebbi Yosi even in a case of Omer Imru then the Get is Batel and even if the Halachah is not like Rebbi Yosi the Get is Pasul mid'Rabanan because of the concern that she may hire witnesses to falsely instruct other witnesses to sign on a Get. (Magid Mishneh)
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