REVACH L'DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net


Previous Daf
GITIN 80

Ask A
Question

SUMMARY

If the names of the husband or wife or the names of the cities were written incorrectly in the Get it is Pasul and she must go out from both her first and second husband. (1)
 
If the Tzaros of any of the fifteen Arayos remarried without Chalitzah and subsequently it turned out that the Ervah was an Ailonis she must go out from both her first and second husband and all of the penalties apply. (2)
 
If one of the wives did Yibum and the Tzarah remarries and subsequently it turned out that the Yevamah was an Ailonis the Tzarah must go out from both her first and second husband and all of the penalties apply. (3)
 
If the scribe mistakenly gave the Get to the wife and the receipt to the husband if the wife remarries she must go out from both her first and second husband and all of the penalties apply.
 
R. Elazar says that if it is discovered immediately that the wife has the receipt and the husband has the Get, it is Pasul, but if it is discovered later the Get is Kosher. (4)
 
The Malchus of Rome is referred to as a Malchus she'Eino Hagun because it lacks its own Ksav and Lashon.
 
R. Meir says that anytime a Takanas Chachamim is not followed the child is a Mamzer.
 
The Sofer must the place that the Get is written and if he writes the wrong place in the Get she must go out from both her first and second husband and all of the penalties apply.
 
R. Meir holds that if the year of the Malchus is not written in the Get her child is a Mamzer.
 
According to the Chachamim even if the Get is written in the name of the Santer of the city the Get is Kosher.
 
R. Meir admits that if the Get is written in the name of the Istander d'Bashkar (servant of the King) the Get is Kosher. (5)
 
The Chachamim hold that if the year of the Malchus is not written in the Get the child is Kosher
 

 
Both the Chachamim and R. Meir agree that is the names or cities of the husband or wife are written incorrectly the Get is not Kosher.
 
Rav Hamnuna says that if a Shomeres Yavam is Mezaneh she is forbidden to the Yavam.

A BIT MORE

1. The Rabanan penalize her and if she remarried with this Get she must go out from both her first and second husband and doesn't receive a Kesuvah or Peros or Mezonos or Balus (worn out clothing that she brought in with her dowry) from either the first or second husband and if she takes it she must return it. Any child that she has from either husband is a Mamzer and neither husband may be Metamei to her if they are Kohanim and neither one has a right to her Metzi'ah, or her handiwork, or to annul her Neder. If she is a Bas Kohen she is Pesulah for Terumah and if she is a Beis Levi she is Pesulah to Ma'aser. None of her inheritors inherit her Kesuvah Bnin Dichrin and the brothers of each of them do Chalitzah, but not Yibum.
 
2. If one of the wives of the deceased is an Ervah to the brother all of the Tzaros may remarry without Yibum or Chalitzah, however if the Ervah turns out to be an Ailonis her marriage is retroactively a Mekach Ta'us and thus it turns out that the Tzaros are forbidden to remarry without Chalitzah.
 
3. The Yibum of one of the Tzaros allows the other Tzaros to remarry. However if it turns out that the Yevamah was an Ailonis her original marriage is retroactively a Mekach Ta'us and thus it turns out that the Tzaros are forbidden to remarry without Chalitzah
 
4. According to Shmu'el if it is discovered while they are still involved in the Nesinas ha'Get it is regarded as immediate and it is Pasul, but according to R. Ada Bar Ahavah if it is discovered prior to her remarriage it is regarded as immediate and it is Pasul.
 
5. Since he is from the same Malchus it is Kosher, however if it is written in the name of the Santer of the city since is a mere clerk even though he is from a different Malchus the Get is not Kosher according to R. Meir.

BRIEF INSIGHT

THE ROMAN EMPIRE
 
The Malchus of Rome is referred to as a Malchus she'Eino Hagun because it lacks its own Ksav and Lashon. Why does a powerful Malchus like Rome not have its own Ksav and Lashon? The answer is that there are seventy languages that correspond to the seventy nations. Rome which is Edom is not one of the seventy nations. At the time of the Haflagah the people were split into seventy nations and that was long before Edom became a nation. [Maharal]. The Chasam Sofer says that each nation uses the language in accordance with the nature of their country and the nature of their heavenly Mazal. However the language for Rome is not in accordance with that criteria and instead a person by the name of Latinus created the Latin language that was used by the Romans.

QUICK HALACHAH

EVERY NAME THAT HE HAS
 
If the husband or wife has more than one name the name that is most commonly used shall be written and the Get shall state Ish Ploni and every name that he has is divorcing Ishah Ploni and every name that she has. If a nickname is written in the Get it is Kosher. If a little used name of the husband or wife is written in the Get and he wrote and every name that he has the Get is Pasul. If his or her name of city is written incorrectly even if he wrote and every name that he has or every name that she has the Get is Pasul. (Rambam Hilchos Gerushin 3:13, 14)

Next Daf

Index to Revach for Maseches Gitin


MAIN GITIN PAGE

KIH Logo
D.A.F. Home Page

Other Masechtos  •  Join Mailing Lists  •  Ask the Kollel
Dafyomi Calendar  •  חומר בעברית
Donations  •  Feedback  •  Dafyomi Links