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GITIN 72

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12th CYCLE DEDICATION
GITIN 72 - Today's Daf has been sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

SUMMARY

R. Yosi holds that Mili may not be passed on to a Shali'ach even if he was instructed to do so by the husband.
 
According to R. Yosi a Get is Pasul unless the husband personally instructed the Sofer to write the Get and the witnesses to sign the Get.
 
Rav Kahana says that if a deaf-mute writes instructions for a Sofer to write the Get and the witnesses to sign the Get the Get may be given. (1)
 
If a husband gives a Get to his wife and he says that this is a Get if I die, or this is a Get from this illness, or this shall be a Get after death, it is not a valid Get. (2)
 
If a husband gives a Get to his wife and he says that this is a Get from today if I die or this is a Get from now if I die it is a Get. (3)
 
If a husband gives a Get to his wife and he says that this is a Get from today and after I die it is a Safek Get and if he dies without children she may do Chalitzah, but not Yibum. (4)
 
If a husband gives a Get to his wife and he says that this is a Get from today if I die from this illness if he recovers and subsequently has a relapse we must assess if his death was a result of his original illness.
 
R. Huna holds that if he says that this is a Get if I die it is a Safek Get and if he dies without children she must do Chalitzah, but not Yibum. (5)
 
R. Yosi holds that the date on the Shtar is proof that he is giving the gift from today and it is not necessary to write 'from today' on the Shtar. (6)
 
If the husband gives a Get and he says this is my Get if I don't come back after 12 months if he dies within 12 months it is not a Get. (7)
 
If the husband says this shall be a Get if I die it is a valid Get according to R. Yosi who holds that the date on the Get makes it as if he said 'from today'.
 
If the husband gives a Get and says this shall be a Get after I die it is a Safek Get according to R. Yosi and if he dies without children she must do Chalitzah.
 
If the husband says this shall be a Get from today and after I die it is a Safek Get according to the Chachamim and according to Rebbe it is a valid Get.
 
If the husband instructs witnesses to write and give a Get if I don't come back within twelve months if they write the Get within 12 months and give it after 12 months it is not a Get and R. Yosi holds that it is a Get.
 
R. Huna says that the Get of a Shechiv Mera is the same as the gift of a Shechiv Mera and if he recovers he may retract the Get.
 
The gift of a Shechiv Mera is the same as a Get of a Shechiv Mera and just as if a Shechiv Mera says to write the Get it is sufficient even though he didn't say to give it so too his gift is valid even though no Kinyan was made.

A BIT MORE

1. However the Beraisa holds that a deaf-mute may not divorce his wife at all.
 
2. The implication is that the Get shall go into effect only after he dies from his illness and a Get can't go into effect after death.
 
3. If he dies it goes into effect retroactively from the day that he gave the Get.
 
4. It is a Safek if the Get goes into effect retroactively from that day or maybe when he said after I die it is a retraction from that which he said today and it is not a Get.
 
5. Because R. Huna has a Safek whether the Halachah is like R. Yosi who holds that the date on the Get makes it is if he said 'today' even if he made the condition by heart.
 
6. Even though he wrote in the Shtar that he is giving it after death the recipient is Koneh the land from the date on the Shtar and he is Koneh the fruit after the death of the owner, because he must have intended to give the land from that day because otherwise why did he write the date in the Shtar.
 
7. R. Yosi holds however that it is a Get because the date makes it is as if he said that the Get should go into effect retroactively from today.

BRIEF INSIGHT

FROM TODAY IF I DIE
 
If a husband gives a Get to his wife and he says that this is a Get from today if I die it is a Get. If the husband dies on the very day that he gave the Get Rabeinu Tam is unsure if the Get is effective. However Rabeinu Elchanan says that it is an effective Get because his intention is that the Get shall go into effect from the moment that he gave it. The reason that he gave the Get is because of his concern that he will die and certainly he was also concerned that he will die that day and therefore he must of have intended that the Get should go into effect from that moment. However Tosfos says that it is proper to be stringent on the matter.

QUICK HALACHAH

A GET AFTER DEATH
 
If a healthy person gives a Get on condition that it shall be a Get if he dies or if an ill person says that it shall be a Get if he dies from his illness it is not a Get because the implication of 'if I die' is that it should go into effect after he dies and therefore it is not a Get. (Rambam Hilchos Gerushin 9:12)
 
This is not correct (if an ill person says that it shall be a Get if he dies from his illness) because the Halachah is like R. Yosi who holds that it is a Safek Get even if he says 'after I die'. (Ra'avad)

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