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Previous daf Gitin 24
GITIN 24 & 25 - have been anonymously dedicated by a very special
Marbitz Torah and student of the Daf from Ramat Beit Shemesh,
1) [line 1] UMI'MAKOM SH'BASA - (lit. and from the place from which you have
come) and from the place from which you are learning (from the end of the
Mishnah where a woman is trusted to bring her own Get *from Chutz la'Aretz*)
2) [line 17] TELI GITECH ME'AL GABEI KARKA
The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he
must write a Sefer Kerisus (lit. "a document that cuts [the bond between
them]") and hand it to her ("v'Nasan b'Yadah") in front of two witnesses.
Since the verse stresses that he must hand it to her, Rava learns that if he
were to tell her to pick up her Get from the ground, she does not become
divorced (Gitin 78a)
3) [line 19, 21] SHALI'ACH L'HOLACHAH / SHALI'ACH L'KABALAH
The Torah requires that the Get be given directly into the hands of the
woman (Devarim 24:1). However, a husband who wants to divorce his wife does
not need to give the Get to the woman himself; he may appoint a Shali'ach to
bring the Get and hand it to her. When the man appoints a Shali'ach to bring
the Get to his wife, this is called a "Shali'ach l'Holachah." A woman, too,
may appoint a "Shali'ach l'Kabalah" to receive the Get from her husband on
her behalf, or to receive the Get from her husband's Shali'ach. When her
Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she
had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah"
to receive the Get from the man and to bring it to her (in which case, she
is not divorced until the Shali'ach l'Hava'ah gives her the Get).
4) [line 30] CHATZERAH HA'BA'AH L'ACHAR MI'KAN
The Torah requires that the Get be given directly into the hands of the
woman (Devarim 24:1). However, a husband who wants to divorce his wife may
place the Get into her Chatzer (courtyard) or property. The Kinyan of
Chatzer is learned from the Kinyan of "her hand" (ibid., Gemara above, Daf
21a). As such, if the husband were to put the Get into a Chatzer that does
not belong to her, she is not divorced, since he has not put it into "her
hand," even if she acquires the Chatzer afterwards.
5) [line 33] SHAVI - make
*****PEREK #3 KOL HA'GET*****
6) [line 40] SHE'LO L'SHUM ISHAH - not for the sake of the woman who is to
be divorced (LISHMAH - For her sake)
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife,
he must write a Sefer Kerisus (a document that cuts [the bond between them])
and hand it to her in front of two witnesses. In the language of Chazal,
this document of divorce is called a Get (pl. - Gitin.)
(b) A Get must contain the full names of the pair involved in the divorce,
the places where they are to be found at the time of the writing (or where
they live, or where they were born, according to some), and the date and
place where the Get is written. If any of these items is missing or mistaken
("Shinah Shemo u'Shemah" -- Gitin 34b, Yevamos 91b), the Get is invalid.
(c) A Get must be written Lishmah (for the sake of the woman who is to be
divorced), as is learned from the verse in the Torah, "v'Kasav *Lah* Sefer
Kerisus" - "and he must write *for her* a bill of divorce" (Devarim 24:1).
The scribe must therefore write at least: 1. the name of the wife; 2. the
name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol
Adam" -- "You are hereby free to marry whomever you wish" -- with the
intention that this Get will be used to divorce this specific woman (see
RAMBAM Hilchos Gerushin 3:7).
7) [line 42] KOL SOFRIM MAKRIN - the voice of [a teacher of] scribes reading
out [a sample Get]
8) [line 45] V'NIMLACH - and he changed his mind
9) [line 3] LAVLAR - scribe
10) [line 7] HE'ASUYIN L'HISLAMED - who are learning to write [Gitin]
11) [line 26] EIN BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im
as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e.
Bereirah doesn't work). Bereirah means making one's action contingent
retroactively on future events. Examples of this are: selling an object on
the condition that it rains tomorrow; buying or selling *today* an object
that will be selected tomorrow. "Ein Bereirah" means that such a stipulation
does not work. An action cannot be contingent on a future event. The Ran
(Nedarim 45b) explains the logic of this rule by saying, "It is not proper
for something to take effect, when there remains a doubt on *what* it will
take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question
that the action works -- even if the people involved in the action are not
aware as to whether the past event did or did not take place. Example: If a
person makes two Eruvei Techumin before sundown on Erev Shabbos, in two
different directions, and stipulates "if my Rebbi is *presently* staying in
a village towards the East, I would like the Eastern Eruv to work, if not, I
would like the Western Eruv to work." The man making the Eruv may not know
where his Rebbi is, but when he finds out, the Eruv will have taken effect
on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an
action "on the condition that..." (b'Tenai). For example, a man may buy or
sell an object or divorce his wife on the condition that the other party
pays or does whatever the first party specifies. If the condition is not
kept *in the future*, the sale or divorce is annulled. This situation is not
called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding
Biblical questions (mid'Oraisa), we assume that Bereirah does not work
(l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely
12) [line 30] SHTAR CHOV - a loan document
13) [line 38] POSLIN B'CHEHUNAH - invalidate the woman from marrying a Kohen
14) [line 42] CHALITZAH (YIBUM)
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife), as it states in Devarim
25:5-10. Chazal learn from the verses that there is a preference for the
oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a
procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He
appears before a Beis Din of three and states, "I do not want to marry her,"
after which his sister-in-law approaches him before the elders, takes off
his right sandal and spits in front of him. She then declares, "This is
what shall be done to the man who will not build up a family for his
brother," and she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates
one of the two, is called Zikah. It is comparable to the state of Eirusin
(betrothal) before a marriage. The Tana of the Mishnah from Yevamos rules
that the Zikah "connects" the Yevamah with all of the brothers, not only the
oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a
15) [last line] SEMOL - if the Yevamah took the shoe of the Yavam's left
16) [last line] LAILAH - if the Chalitzah was performed at night