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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 160

***** PEREK GET PASHUT ****

1) THE SOURCE FOR TIED GITIN

(a) (Mishnah): In a standard Get, the witnesses are on the inside (i.e. the same side as the text); in a tied Get, the witnesses are on the outside (i.e. the opposite side from the text).
(b) If witnesses signed on the outside of a standard Get, or on the inside of a tied Get, it is invalid.
(c) R. Chanina ben Gamliel says, if witnesses signed on the inside of a tied Get, it is valid, because it can be converted to a standard Get.
(d) R. Shimon ben Gamliel says, everything follows the local custom.
(e) A standard Get requires (at least) two witnesses, a tied Get requires (at least) three;
1. A standard Get with only one witness or a tied Get with only two witnesses is invalid.
(f) (Gemara) Question: What is the source of this?
(g) Answer #1 (R. Chanina): "Sados ba'Kesef Yiknu v'Chasuv ba'Sefer" - this teaches about a standard Get;
160b---------------------------------------160b

1. "V'Chasom" - this teaches about a tied Get;
2. "V'Ha'ed" - (unless specified, testimony always requires) two witnesses; "Edim" - (since 'Ed' would imply two witnesses, Edim teaches) three witnesses.
3. We learn from this that a standard Get requires two witnesses, a tied Get requires three.
4. Suggestion: Perhaps we should say vice-versa!
5. Rejection: Because a tied Get has extra knots (is harder to write), it requires more witnesses.
(h) Answer #2 (Rafram): "Va'Ekach Es Sefer ha'Miknah" - this teaches about a standard Get;
1. "Es ha'Chasum" - this teaches about a tied Get;
2. "V'Es ha'Galuy" - this is the text of a tied Get;
3. "Ha'Mitzvah veha'Chukim" - these are the differences between standard and tied Gitin.
4. Question: What are the differences?
5. Answer: A standard Get requires two witnesses, they sign on the inside; a tied Get requires three witnesses, they sign on the outside.
6. Suggestion: Perhaps we should say vice-versa (regarding the number of witnesses)!
7. Rejection: Because a tied Get has extra knots, it requires more witnesses.
(i) Answer #3 (Rami bar Yechezkeil) Question: "Al Pi Shnai Edim O Al Pi Sheloshah Edim Yakum Davar" - if two witnesses suffice, why does the Torah mention three?
1. Answer: This teaches that a standard Get requires two witnesses, a tied Get requires three.
2. Suggestion: Perhaps we should say vice-versa!
3. Rejection: Because a tied Get has extra knots, it requires more witnesses.
(j) Objection: Each of these three verses teaches something else!
1. (Beraisa): "Sados ba'Kesef Yiknu v'Chasuv ba'Sefer va'Chasom" - that teaches good counsel (to keep signed documents for proof);
2. "Va'Ekach Es Sefer ha'Miknah" - (this does not teach anything,) the verse merely records what he did;
3. "Al Pi Shnai Edim O Al Pi Sheloshah Edim Yakum Davar" - this equates two witnesses to three witnesses regarding Hazamah, R. Akiva and Chachamim argue about precisely what we learn from it.
(k) Answer #4: Chachamim enacted tied Gitin, the verses are mere Asmachtos.
(l) Question: Why did Chachamim enact them?
(m) Answer: There was a region of impetuous Kohanim, they were quick to divorce (and could not remarry their wives);
1. Chachamim enacted tied Gitin - they take longer to write, perhaps the husband will calm down in the meantime and not divorce his wife.
(n) Question: That explains tied Gitin of divorce - why are there tied monetary Gitin?
(o) Answer: So there will not be differences between Gitin of divorce and money.
2) WHERE WE SIGN TIED GITIN
(a) Question: Where do the witnesses sign a tied Get?
(b) Answer #1 (Rav Huna): They sign in between the places where it is tied. (We are thinking that they sign on the inside (the same side as the text).)
(c) Answer #2 (R. Yirmeyah bar Aba): They sign opposite the text, corresponding to where the text is.
(d) Question (Rami bar Chama): How does Rav Huna explain the following episode?
1. A tied Get was brought in front of Rebbi; he remarked 'It has no date'!
2. R. Shimon b'Rebbi: Perhaps it is between the places where it is tied.
3. Rebbi untied it, and found that this was so.
4. Summation of question: According to Rav Huna, Rebbi should also have remarked that the Get has no witnesses!
(e) Answer (Rav Chisda): Rav Huna says that they sign in between the places where it is tied, on the *outside*.
(f) Question: Since they sign opposite the text (at the top), we should be concerned that the bearer of the document will add (clauses to his advantage) to the text after they signed!
(g) Answer: The text says 'Sharir v'Kayam' (this indicates the end of the document).
(h) Question: Perhaps he will add to the text, and write another 'Sharir v'Kayam'!
(i) Answer: A document may only say 'Sharir v'Kayam' once.
(j) Question: Perhaps he will erase the first 'Sharir v'Kayam', add to the text, and write 'Sharir v'Kayam'!
(k) Answer: R. Yochanan taught, if words were written between the lines, and the document mentions them at the end, it is valid;
1. An erasure invalidates a Get, even if the document mentions it at the end.
2. An erasure invalidates a Get only if it is in a place fitting and large enough for it to say 'Sharir v'Kayam' (because of this concern)!
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