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Gitin, 34

GITIN 34 & 35 - The Dafim have been sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel. May Hashem bless them with many years of Simcha, health and fulfillment, and may they see all of their children and grandchildren follow them in the ways of Torah and Yir'as Shamayim!


34b

1) MULTIPLE NAMES OF THE HUSBAND OR WIFE IN A GET
OPINIONS: The Mishnah teaches that, originally, when a man had two different names in two different cities of residence, a Get that he gave would only include the name he was called in the city in which the Get was written. Raban Gamliel ha'Zaken instituted that a person write in the Get the person's name "and every other name that he has" ("Ish Ploni v'Chol Shum she'Yesh Lo").

In practice, how are any extra names of the husband or wife supposed to be written in a Get?

(a) The BEHAG cited by Tosfos (DH v'Chol Shum) writes that the Takanah was to write in every single Get the man's (or woman's) name and then write the words, "and every other name that he (she) has" -- even when we do not know that the man or woman has any other names. (When the Gemara says that the requirement of the Mishnah applies only when we *know* that the husband has other names, it means that the Get is *Pasul* when this line is omitted *only* when we know that the husband has other names. However, l'Chatchilah, we always must include this line. (MAHARSHA))

How does this solve the problem of multiple names? The Mishnah was worried that we would not be able to identify the husband, based on the name that is written in the Get, in a city in which the husband is called by a different name. If every Get includes the words "and every other name that he has," then we have not solved the problem! We still will not be able to identify the husband more accurately! (CHASAM SOFER)

The Acharonim explain that since those words, when written in a Get, raise the possibility that the husband might have other names, people will consider that possibility more seriously and investigate the matter.

(b) RABEINU TAM rejects the view of the Behag. If every Get includes in it the words "and every other name that he has," then when the husband does *not* have any other names, it will look like this Get is not his, since it is describing a person who *does* have other names! Rabeinu Tam therefore concludes that we only mention the other names of the husband when it is known that he has other names. Since we know what the names are, we write in those names themselves and not just the words "and all his other names." He adduces support for this from the Gemara later (35a) which discusses a Get in which the two names of the husband were written explicitly in the Get.

TOSFOS (DH v'Hu) and the RASHBA, however, conclude that Raban Gamliel ha'Zaken only required writing in the Get all of the names of the husband when the husband is called by one name in the place where the Get is written, and by a different name in the place where the Get is given to the woman. The Takanah did not apply to a man who is called by a second name in the same city in which his first name is used. The Rashba writes that in such a case, the second name need not be included in the Get, even l'Chatchilah.

The Yerushalmi, however, cited by Tosfos, writes that l'Chatchilah the second name must be included in the Get, even if it used in the same city as the first name. Tosfos suggests a compromise: if the two names are similar to each other, then only one name must be written l'Chatchilah. However, if the two names are not similar, then both names must be written l'Chatchilah.

(c) RASHI (DH v'Hu d'Ischazek, DH Megureshes, and DH Miryam) seems to be making a compromise between the opinions of Rabeinu Tam and the Behag. If a person has two names which are equally well-known, then both names must be written in the Get, like the Gemara (35a) implies.

However, the wording of the Mishnah and the Gemara imply that it suffices to write "and every other name that he has" in certain cases. In fact, this is implicit in the Gemara's original assumption that even if we do not know that the husband has another name, we must mention other names in the Get; since we do not know the other names, the Gemara obviously assumed that it would suffice to write "and every other name that he has" (see Rashba).

Rashi therefore holds that if one name is more popular than the other name (in the place in which the Get is written), then the less popular name does not have to be written explicitly, but can be written simply as "and every other name that he has." This is also the opinion of the RAMAH.

In a similar vein, the ROSH writes that if a person is known to the non-Jews in his neighborhood by a secularized version of his Hebrew name, which sounds similar to his Hebrew name, the secular name does not have to be written in the Get explicitly, but it suffices to write "and every other name that he has."

HALACHAH: The Poskim (EH 129) rule like Tosfos, that any other names that a person has must be written in the Get explicitly. If the other name is used exclusively in the place where the Get will be given, and the first name is used exclusively in the place where the Get is written, then the Get is *invalid* if one of the names is omitted. However, if both names are used in the same place, then omitting one of them does not invalidate the Get.

The Poskim add, based on the MAHARIK (#166), that depending on how similar the two names are to each other, we sometimes write "d'Miskeri" ("... who is called such and such"), or "ha'Mechunah" ("... who is nicknamed such and such"). When the names are similar, we write "d'Miskeri." When they are not similar, we write "ha'Mechunah."

What defines names that are similar? The SHULCHAN ARUCH writes that when the second name is derived from the first name, then we write "d'Miskeri" (for example, the person's name is Yehudah, and he is called Leon or Leib, which means "lion," and it is derived from Yehudah based on the verse "Gur Aryeh Yehudah" (Bereishis 49:9), or the second name is a vernacular translation of the Hebrew name, such as a person named Aryeh who is called by its (French) translation, Leon). When the second name is unrelated to the first name, then we write "ha'Mechunah."

The REMA disagrees. He says that if both names are Hebrew, we always write "d'Miskeri" even when the names are unrelated to each other. The only time we write "ha'Mechunah" is when one name is in Hebrew and the other is in a secular language.

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