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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.
A relative may sign on a Get Mekushar in the beginning, middle or end.
A Get Mekushar may be authenticated from any three signatures in any order.
R. Ami says that a servant may sign on a Get Mekushar in order to complete the signatures. (1)
The Tana of our Mishnah holds that if someone divorces his wife and he says that you are permitted to the entire world with the exception of Ploni according to R. Eliezer it is a Kosher Get.
The Chachamim hold that she is not divorced and he must take the Get back and give it again to her with no exclusions.
If he writes in the Get that you are permitted to marry everyone except for Ploni even if the clause is subsequently erased the Get is Pasul.
All houses are susceptible to Tum'ah from Nega'im with the exception of a house that belongs to a non-Jew.
The Tana of our Mishnah holds that the Chachamim agree with R. Eliezer that if the husband gives the Get on condition that she does not marry Ploni that the Get is Kosher.
R. Eliezer Bar Shimon holds that if the husband divorces his wife and he says that you are permitted to the entire world with the exception of Ploni even R. Eliezer agrees that it is not a Get.
The Machlokes between R. Eliezer and the Chachamim is in a case that the husband gives the Get on condition that she does not marry Ploni.
If someone is Mekadesh a woman and he says that you are forbidden to everyone except for one person according to R. Eliezer it is a Kidushin, while the Chachamim argue.
According to R. Eliezer if Reuven is Mekadesh a woman with the exception of Shimon and subsequently Shimon is Mekadesh her with the exception of Reuven if both Reuven and Shimon die she may do Yibum with Levi. (2)
If Reuven is Mekadesh a woman with the exception of Shimon and subsequently Shimon is Mekadesh her Stam if both Reuven and Shimon die she may not do Yibum with Levi. (3)
It is a question to Abaye if a person gives a Get with the exception of Reuven and Shimon and he subsequently says to Reuven and Shimon, if he means that Reuven and Shimon are also permitted or if he means that she shall only be permitted to Reuven and Shimon, but not to anyone else.
A BIT MORE
1. R. Ami holds like Ban Nanas that Pesulei Eidus may sign on a Get Mekushar in order to complete the signatures.
2. Even though the wife of two Mesim may not do Yibum however she is not regarded as the wife of two Mesim because only the Kidushin of Reuven is a Kidushin, not the Kidushin of Shimon, because the Kidushin of Shimon did not prohibit her on anyone she wasn't already prohibited to.
2. In this case she is the wife of two Mesim and she may not do Yibum. The Kidushin of Shimon is also a Kidushin because it prohibits her on Reuven who she wasn't prohibition to before his Kidushin.
MARRIAGE PRIOR TO FULFILLING A CONDITION
The Machlokes between R. Eliezer and the Chachamim is in a case that the husband gives the Get on condition that she does not marry Ploni. R. Eliezer holds that she is permitted to marry anyone with the exception of Ploni. The implication is that even while Ploni is alive she may remarry. The Rashbam asks why is she permitted to remarry. Why aren't we concerned that she won't fulfill the condition, just like the Gemara stated earlier that if the wife received a Get on condition that she must give her husband 200 Zuz that she may not get remarried until she gives him the money. Rabeinu Elchanan answers that the condition of 200 Zuz is not always in her hands to fulfill, maybe she will lose all of her money and will not have the means to give him the money. But in our case we are not concerned that she will fail to fulfill the condition because she can't be forced to marry Ploni against her will.
EXCEPT FOR PLONI
If a husband gives a Get to his wife and he says that you are permitted to everyone except for Ploni if he takes it from her and gives it back to her and he says that you are permitted to everyone or he says this is your Get she is divorced. (Rambam Hilchos Gerushin 8:17)
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