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GITIN 85

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SUMMARY

R. Zeira says that everyone agrees that a condition that is written in the Get after the Toref doesn't invalidate the Get.
 
Rava says that if a condition is written in they Get after the Toref it is a Machlokes between Rebbe and the Chachamim. (1)
 
Rava says that everyone agrees that if a condition is written in the Get before the Toref the Get is Pasul. (2)
 
The Mishnah that states that if a clause excluding Ploni is written in the Get it is Pasul which implies that if a condition is written in the Get it is Kosher is in accordance with the Chachamim and the clause was inserted after the Toref. (3)
 
If the husband gives a Get and states that you are permitted to everyone except for a non-Jew, or servant, or someone who is a Chayavei Kerisus the Get is Kosher.
 
If he says that this is your Get and you are permitted to everyone except for someone who is a Chayavei Lav the Get is void. (4)
 
If he says this is your Get and you are permitted to everyone except for a Katan the Get is void.
 
A Ketanah who was married off by her father may receive her Get.
 
If he says this is your Get and you are permitted to everyone except for someone who is not yet born it is a Safek if it is a valid Get.
 
If he says that this is your Get and you are permitted to everyone except for the husband of your sister it is a Safek if it is a valid Get. (5)
 
If he says that this is your Get and you are permitted to everyone except for Znus it is a Safek if it is a valid Get.
 
If he says that this is your Get and you are permitted to everyone except for a Bi'ah Shelo Kedarkah is a Safek if it is a valid Get.
 
If he says that this is your Get and you are permitted to everyone except that your new husband will not have the right to annul your Nedarim, or to feed you Terumah, or to inherit your property, or to be Mekadesh you with a Shtar, it is a Safek if it is a valid Get.
 
The crucial words in a Get are 'you are permitted to everyone'.
 
R. Yehudah says that the words 'this shall be to you from me a Sefer Tirukin, Igeres Shivukim and Get Piturim and from now to marry any man that you choose' must be included in a Get. (6)
 
The crucial words in a Shtar Shichrur are 'you are free' or 'you are to yourself'.
 
If the words 'you are permitted to everyone' are written in a Shtar Shichrur it is not a valid Shtar.
 
If the words 'you are free' are written in a Get it is not a valid Get.
 
If the words 'you are to yourself' are written in a Get it is a Kosher Get.
 
If the words 'Ein Li Eisek Bach' (I have no rights to you) are written in a Shtar Shichrur it is a Kosher Shtar.
 
If someone sells his servant to a non-Jew the servant goes free and he must write for him a Shtar Shichrur. (7)
 
R. Shimon Ben Gamliel says that if he wrote the servant an Ono at the time that he sold him to the non-Jew that states that when you flee from the non-Jew 'Ein Li Eisek Bach', no Shtar Shichrur is necessary.

A BIT MORE

1. Rebbe holds that it is a Pasul because of a Gezeirah for a case when the condition is written prior to the Toref.
 
2. It is a Pasul because of a Gezeirah for a case that that a clause is written in the Get that she may marry anyone except for Ploni.
 
3. This is the opinion of Rava who holds that even the Chachamim agree that a condition that was written before to the Toref invalidates the Get.
 
4. Because a Kidushin with a Chayavei Lav is valid.
 
5. The husband of a sister is permitted after the death of the sister.
 
6. Because without these words it is not evident that he is divorcing her with the Get because maybe he is divorcing her with the words 'you are permitted to everyone' that he said at the time that he gave her the Get and R. Yehudah holds Yadayin she'Eino Mochiach Lo Havi Yadayim.
 
7. Even though the master is penalized and must redeem the servant from the non-Jew for up ten times his value however after he redeems him he must write for him a Shtar Shichrur.

BRIEF INSIGHT

A TRIPLE LASHON
 
R. Yehudah says that the words 'this shall be to you from me a Sefer Tirukin, Igeres Shivukim and Get Piturim from now to marry any man that you choose' must be included in a Get. The Tfiferes Tisrael says that these three Leshonos represent the three obligation that a husband has to his wife, She'er, Ksus and Onah (food, clothing and marital relations). Therefore he must write these three Leshonos to imply that he is absolving himself from these three obligations.

QUICK HALACHAH

A CONDITIONAL GET
 
If a condition is written in the Get after the Toref, whether it is written prior to or after the signatures of the witnesses, the Get is Kosher. But if it is written prior to the Toref even if it states on condition of such and such, it is a Safek Get because he left for himself a Zechus in the Get. The same is true if he made a condition prior the Toref without writing it in the Get. (Rambam Hilchos Gerushin 8:4)
 
The Rambam holds that is a Safek Get because the Psul of a Tenai in a Get is because every Tenai is dependent on Bereirah because at the time that she receives the Get we don't know if the Tenai will be fulfilled. (Magid Mishnah)

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