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Gitin Chart #4

Gitin Daf 26a

WHICH PART OF THE SHTAR MAY BE PREPARED BEFORE
THE EXPLICIT REQUEST OF THE PERSON WHO ORDERS THE SHTAR?
  (A)
GITIN 		(B)
SHTAROS		 (C)
WHICH TANA DOES HE FOLLOW
1) TANA KAMA Tofes Tofes Shmuel: R. Elazar(2)
Chizkiyah: R. Meir(3)
Avimi: R. Elazar(4)
or R. Meir(5)
2) REBBI YEHUDAH None None R. Elazar
3) REBBI ELAZAR None Rashi : Tofes
Tosfos: even the
Toref
R. Elazar
==========
FOOTNOTES:
==========
(1) In general, "Toref" refers to the places in the Get where the husband's name and the wife's name are written (and their places of residence). In the case of a Shtar Milveh, the Toref is the places in the Shtar where the creditor's name, the debtor's name, and the sum of money borrowed are written.
"Tofes" refers to the rest of the text of the Shtar, except for the Zeman (the date). According to all of the Tana'im, the Zeman is deemed more stringent than even the Toref of the Shtar, and it is prohibited to write the date in any Shtar (when the Shtar is not being signed and used immediately) because doing so would made the Shtar "Mukdam," invalidating it (see Rashi, DH Tzarich; the Chasam Sofer discusses whether it is permissible to write the *year* in a Shtar without including the exact day in the year, and then to fill in the day when the Shtar is about to be used.)
(2) He *permits* writing the Tofes, even though it is not being written Lishmah, because of a Takanah for the Sofrim (i.e. in order that they should have half-written Gitin available upon request).
(3) He *prohibits* writing the Toref prior to the use of the Shtar, even though he does not require it to be written Lishmah, because of a Takanah to prevent the husband from rashly divorcing his wife if the couple become involved in a quarrel.
(4) He *permits* writing the Tofes because of a Takanah for the sake of Agunos. That is, if the husband must leave on short notice to Medinas ha'Yam, if no Get is readily available his wife will remain an Agunah.
(5) He *prohibits* writing the Toref because of a Takanah for the sake of Agunos. That is, if the husband will find a Get all written and ready, when he has a quarrel with his wife, he will immediately divorce her and she will be left with no husband (Rashi). (Alternatively, if the husband will find a Get all written and ready, he will impulsively throw the Get to her and run away. It might not be possible to prove whether the Get he threw landed in a place which was closer to him or closer to her, "Safek Karov Lo, Safek Karov Lah," and out of doubt she will be divorced from him (perhaps it landed closer to her, and it was a valid Get), and to everyone else as well (perhaps it landed closer to him, and it was *not* a valid Get) -- RASHBA.)

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