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GITIN 81

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12th CYCLE DEDICATION
GITIN 81-82 - 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

Beis Shamai says that if a husband writes a Get even it he did not give it the wife is Pesulah for Kehunah.
 
Beis Hillel says that even if the Get was given conditionally and the condition was not fulfilled the wife is Kosher for Kehunah.
 
In Neharda'a they did not put a stop to a Kol. (1)
 
A Kol that goes out after the woman is married is ignored. (2)
 
If there is a Kol that a husband wrote a Get for his wife, if in that place the Nesinah of a Get is called Kesivah, if the husband dies she may not marry a Kohen. (3)
 
If her husband is a Kohen she may stay with him even though there is a Kol that her husband wrote a Get for her. (4)
 
The later generations were not on the same level as the earlier generations.
 
R. Dosa says that a woman who was captured by non-Jews is Kosher for Kehunah. (5)
 
The earlier generations brought their produce through the front entrance so that it will be Chayav in Ma'aser.
 
The later generations brought the produce through the roof or the back entrance so that it will be Patur from Ma'aser.
 
R. Yanai says that Tevel is not Chayav in Ma'aser unless it sees the front [entrance] of the house, while R. Yochanan says that even if it sees the courtyard it is Chayav in Ma'aser.
 
If a husband divorces his wife and sleeps with her in an inn according to Beis Shamai a new Get is not required but Beis Hillel argues. (6)
 
If a Chasan divorces his wife from Erusin and sleeps with her in an inn Beis Hillel agrees that a new Get is not required. (7)
 
R. Shimon Ben Elazar says that the Machlokes between Beis Shamai and Beis Hillel is when we saw them have relations; Beis Shamai holds a person is Bo'el a Bias Znus, while Beis Hillel argues but if we did not see them have relations Beis Hillel agrees that a new Get is not required.
 
According to the Tana of our Mishnah the Machlokes between Beis Shamai and Beis Hillel is when we didn't see them have relations, Beis Shamai holds that Eidei Yichud are not regarded as Eidei Bi'ah while Beis Hillel argues.
 
If a wife remarries with a Get Karach (a Get Mekushar that one of the folds is lacking a signature) she must go out from both husbands and all of the penalties apply. (8)
 
A Get Karach is Pasul because of a Gezeirah of a case that the husband states that he wants all of the witnesses to sign. (9)
 
Ben Nanas holds that even people who are Pasul for Eidus may complete the signatures on a Get Karach, while R. Akiva holds only relatives who are otherwise Kosher for Eidus may sign. (10)
 
A servant may not sign on a Get Karach according to R. Akiva because of the concern that people who see that he signed on a Get will think he was freed and a thief may not sign because people may think that he did Teshuvah.
 
A Get Mekushar requires three signatures and the third signature may be signed by a relative.
 
If the Get Mekushar has only three signatures even Ban Nanas agrees that only a relative is Kosher for the third signature but Pesulei Eidus may not sign.
 
A Get Mekushar may not have more than one relative signed on it because of the concern that it will be authenticated with the signatures of the two relatives.

A BIT MORE

1. The judges of the city did not silence a Kol because of the concern that people will not be Motzi a Kol on transgressors and it will encourage them to commit Aveiros.
 
2. If there is a Kol that a woman is Mekudeshes she may not marry someone else without first receiving a Get, however if the Kol goes out after she already married someone else she may stay with her husband and no Get is required.
 
3. If she marries a Kohen she may not stay with him.
 
4. Because a Kol that goes out after the woman is married is ignored and in this case she was already married to the Kohen at the time of the Kol.
 
5. Beis Shamai who was from the earlier generations is stringent regarding Kehunah and he holds that if a Get is written even though it was not given she is Pesulah to Kehunah and R. Dosa who was from the later generations is lenient and he holds that even though the woman was captured we are not concerned for the possibility that she was raped by a non-Jew and is Pesulah for Kehunah
 
6. Because of the concern that they had relations l'Shem Kidushin.
 
7. Since they are not yet comfortable with each other we are not concerned that they had relations.
 
8. The Rabanan instituted a Get Mekushar for Kohanim because a Kohen may not remarry his wife once he divorces her and therefore the Chachamim wanted to make it difficult for a Kohen to divorce their wife. A Get Mekushar is a Get that has many folds and a witness must sign on the outside of each fold. If one of the folds lacks a signature it is called a Get Karach and it is Pasul.
 
9. We assume that the husband arranged that there shall be enough witnesses to sign on all of the folds and maybe he said that all of you shall sign and if one of them didn't sign the Get is Pasul.
 
10. M'Ikar ha'Din a Get Karach requires only three signatures and the rest of the folds require signatures only because of a Gezeirah of a case that the husband states that he wants all of the witnesses to sign. Therefore once three witnesses already signed on the Get the remaining signatures do not have to be from Kosher witnesses.

BRIEF INSIGHT

WRITTEN BUT NOT GIVEN
 
Beis Shamai says that if a Get is written even it was not given the wife is Pesulah for Kehunah, while Beis Hillel says that even if it was given conditionally and the condition was not fulfilled the wife is Kosher for Kehunah.
 
THE CHASAM SOFER SAYS THAT WHICH BEIS SHAMAI HOLDS THAT SHE IS PESULAH FOR KEHUNAH IS NOT BECAUSE OF THE CONCERN THAT THE GET WAS GIVEN TO HER AND SHE IS A DIVORCEE, BUT RATHER FOR THE CONCERN THAT SHE IS A ZONAH BECAUSE BEIS SHAMAI HOLDS THAT A HUSBAND MAY NOT DIVORCE HIS WIFE UNLESS SHE WAS ACTING IMMORAL. THEREFORE IF THE HUSBAND WROTE A GET IT MUST BE THAT SHE WAS ACTING IMMORALLY. BEIS HILLEL ARGUES WITH BEIS SHAMAI BECAUSE BEIS HILLEL HOLDS THAT A HUSBAND MAY DIVORCE HIS WIFE EVEN IF SHE BURNED THE FOOD AND THEREFORE THE FACT THAT THE HUSBAND WROTE A GET DOESN'T INDICATE ANY IMMORAL BEHAVIOR ON HER PART.

QUICK HALACHAH

A NEW KIDUSHIN
 
If a husband divorces his wife and subsequently has relations with her in front of witnesses before she remarries someone else, whether he divorced her from Nisu'in or Erusin, since she was his wife, we assume he had relations with her for Kidushin and not for Znus. This is true even if we saw him give her money because we have a Chazakah that a person does not have relation with his wife for a Bias Znus and in this case it was in his hands to have relations for a Mitzvah. Therefore she is b'Chezkas Mekudeshes and she requires another Get. (Rambam Hilchos Gerushin 10:17)

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