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GITIN 88

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12th CYCLE DEDICATION
GITIN 88 - Ari Kornfeld has generously sponsored the Dafyomi publications for thIs Daf for the benefit of Klal Yisrael.

SUMMARY

If a Get is written in two columns it is only Kosher if there is space at the bottom and the top and the words Harei At are on the bottom and the words Muteres l'Kol Adam are on the top. (1)
 
R. Ashi says that a Get that is written in two columns is Kosher if it we could tell by the edges of the parchment that nothing was cut off from the top or bottom.
 
If the witnesses signed on the top of the Get or on the side or the back of the Get it is Pasul.
 
According to Rebbi Yosi if the Sofer signed on the Get together with one witness it is Kosher. (2)
 
A family nickname may be written in the Get for up to ten generations according to the Tana Kama.
 
R. Shimon Ben Elazar holds that a family nickname may be written in the Get only for up to three generations.
 
Eretz Yisrael was not destroyed until seven families of Malchei Yisrael worshipped Avodah Zarah
 
Hoshea Ben Eilah (the last of the Malchei Yisrael) dismissed the people guarding the roads to Yerushalayim and yet even so the ten Shevatim did not Oleh Regel. (3)
 
Mere'imar said that Hashem Yisbarach did a favor to Klal Yisrael that He exiled Tzidkiyahu while the Chachamim from the exile of Yechanyah was still alive. (4)
 
Ula said that Hashem Yisbarach did a favor to Klal Yisrael that He exiled us after 850 years; was two years prior to the numerical value of v'Noshantam. (5)
 
If a Jewish Beis Din justly forces someone to divorce his wife it is a Kosher Get, but if they do so unjustly the Get is Pasul but she is Pasul for Kehunah.
 
If a Nochri Beis Din justly forces someone to divorce his wife the Get is Pasul but she is Pasul for Kehunah, but if they do so unjustly she is not even Pasul for Kehunah. (6)
 
If a Nochri forces a Yisrael to give a Get in accordance with the instructions of a Jewish Beis Din it is a Kosher Get.
 
Even if a Nochri court judges in accordance with the Dinim of the Torah it is forbidden to go to them for judgment.
 
Hedyotos (judges outside of Eretz Yisrael who lack Semichah) may force a person to give a Get and they may judge common judgments even though it requires Semichah.
 
(7)
 
Hedyotos may not judge Gezeilos or Chavalos because these judgments are uncommon and only judges in Eretz Yisrael who have Semichah may judge these cases.
 
If a Kol went out that a woman is Mekudeshes she is regarded as Mekudeshes, but if at the same time another Kol went out that she was subsequently divorced, she is regarded as divorced.
 
If the Kol went out together with a qualification, such as that the Kidushin was a Safek, the Kol is disregarded.

A BIT MORE

1. Otherwise we are concerned for the possibility that the husband changed his mind in the middle and was Mevatel the Get or it was written one day and signed the next.
 
2. Rebbi Yosi holds that the witnesses may not sign on the Get unless they were instructed to do so directly from the husband. Therefore when the Sofer is one of the witnesses there is no concern that the husband instructed witnesses to ask a Sofer to write the Get and two witnesses to sign the Get and because of their concern for the embarrassment of the Sofer they asked him to sign the Get and the Get is Pasul since the husband did not want the Sofer to sign.
 
3. Hashem Yisbarach said that they will be punished with captivity for not being Oleh Regel when they finally had the opportunity to do so.
 
4. Klal Yisrael was exiled to Bavel in two stages, the first stage was Galus Yechanyah and the Talmidei Chachamim went into exile at that time. The second stage was 11 years later at the time of the Churban when Tzidkiyahu was exiled. The Talmidei Chachamim who were exiled with Yechanyah taught Torah to those that were exiled with the Galus Tzidkiyahu
 
5. If we would have been exiled after 852 years the Pasuk of 'Oved Tovedun Maher' (quickly decimated) would have been fulfilled Chas v'Shalom
 
6. A Nochri does not have any authority to force a Yisrael to give a Get, however if the Yisrael was in fact obligated to divorce his wife the Rabanan decreed that the Get invalidates her for Kehunah so that people will not think that even if a Jewish Beis Din forces someone to give a Get that it is not a valid Get.
 
7. Because they are regarded as the emissaries of the judges in Eretz Yisrael who have Semichah.

BRIEF INSIGHT

AN EARLY EXILE
 
Klal Yisrael was exiled from Eretz Yisrael after 850 years. The Pnei Yehoshua explains that the Zechus that Klal Yisrael had in Eretz Yisrael was for 930 years. Esav also had a Zechus in Eretz Yisrael but he sold it to Yakov when he sold his Bechorah. Yakov bought the Bechorah for only one day as the Pasuk as he said 'Michrah ka'Yom Es Bechoraschah (sell me for a day your Bechorah). Yakov bought the Bechorah for one day of Hashem Yisbarach which is 930 years (the lifespan of Adam ha'Rishon). Therefore Klal Yisrael had a right to Eretz Yisrael for 930 years. The Pasuk says regarding Yakov 'He reached the place and slept there because the sun set' and the Midrash states that the sun set two hours early for him and Hashem Yisbarach told Yakov that just like I set the sun two hours early for you I will do the same for your children. This indicates that Klal Yisrael will not have the full day of Hashem Yisbarach is Eretz Yisrael and they will be exiled 2 hours early which is 78 years. (930 divided by 24 is 39 years and two hours is 78 years) Therefore Klal Yisrael was to be exiled after 852 years (930-78=852), but Hashem Yisbarach exiled them 2 hours early so that they will not be decimated quickly Chas v'Shalom.

QUICK HALACHAH

AN ONES IN THE HANDS OF HIS YETZER HA'RA
 
If a person is obligated to give a Get to his wife a Jewish Beis Din in any place and any time shall hit him until he says that he wants to give the Get and the Get shall be written and it is a Kosher Get. If Nochris force him to give the Get and they say “do what the Yisrael tells you to do” and the Nochris are being used as an instrument in the hand of the Yisrael, it is a Kosher Get. If the Nochris force a Yisrael to give a Get on their own initiative, even if the Yisrael was obligated to give a Get to his wife it is a Get Pasul. Why isn't the Get void being that he is an Ones at the hands of the Beis Din? The answer is that a person is only regarded as an Ones if he is being forced to do something that he is not obligated by the Torah to do. However someone who is being seduced by the evil inclination to transgress the Torah and he is hit until he submits himself to the will of the Torah he is not an Ones. On the contrary! He made himself into an Ones of his own distorted thinking. Therefore someone who refuses to give a Get ,since he wants to be part of Klal Yisrael he also wants to keep all of the Mitzvah, and it is his evil inclination that is holding him back. Once he is hit until his evil inclination is weakened he is willingly giving the Get. (Rambam Hilchos Gerushin 2:20)

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