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1) A GET WITH AN IMPROPER DATE

(a) Question (Ravina): What if the husband wrote the Get, but holds onto it, hoping to appease his wife (this Get could be used to save her from being killed, if she had adultery after it was written, before it was given)!
(b) Answer (Rava): We are not concerned for such a rare case - normally, a man is not quick to bring punishments upon himself (to write a Get before he is sure he will give it).
(c) Question (Ravina): Gitin which come from abroad - they might be given 6 months after being written (so the date precedes the divorce) - how does the enactment help?!!
(d) Answer (Rav Ashi): Gitin from abroad are talked about (people would remember when they were given).
(e) Question: From when do we count the 3 months that a woman must wait before remarrying?
(f) Answer #1 (Rav): From the day the Get is given.
(g) Answer #2 (Shmuel): From the date on the Get.
(h) Question (Rav Noson bar Hoshaya - against Shmuel): Can we say, 2 women in the same courtyard are divorced on the same day, 1 will be permitted immediately (if her Get was written 3 months ago), the other will be forbidden? This will astound people!
(i) Answer (Abaye): The date on each woman's Get explains the difference.
(j) 1 Beraisa supports Rav; another supports Shmuel.

1. (Beraisa): A man sent a Get to his wife; the messenger took 3 months to give it. She must wait 3 months after receiving the Get to marry;
2. (Normally, one may not give an old Get (one dated before the divorce)) - here, this is permitted, because she was not alone with her husband after it was written.
3. (Beraisa): A man gave a Get to an agent; he instructed him to wait 3 months before giving it. She may marry immediately after receiving the Get; we are not concerned for an old Get because she was not alone with her husband after it was written.

(k) Rav Kahana, Rav Papi and Rav Ashi ruled in actual cases that she counts from the day it was written; Rav Papa and Rav Huna brei d'Rav Yehoshua ruled that she counts from the day it was given.

1. The law is, she counts from the day it was written.

(a) Question: When does Shemitah cancel the obligation to pay the Kesuvah?
(b) Answer #1 (Rav): If she collected part of it and established the remainder to be a debt that he owes her (he need not pay the rest).
(c) Answer #2 (Shmuel): Even if she collected part of it without making the rest as a debt, or if she made the entire Kesuvah as a debt.
(d) 1 Beraisa supports Rav; another supports Shmuel.

1. (Beraisa): A Kesuvah is not cancelled in Shemitah unless she collected part of it and established the remainder to be a debt that he owes her; 1 of these is not enough.
2. (Beraisa): The following are cancelled in Shemitah only if they were made as debts: the fine for one who rapes a virgin; the fine of one who falsely claims that he found that his Kalah was not a virgin; the fine for one who entices a virgin; and a Kesuvah.

i. They are considered to be made as debts from the time Beis Din ruled on them.

(a) (Shmuel): The Kesuvah has the law of an act of Beis Din.

1. Just as acts of Beis Din (may be) written by day and signed the following night, also the Kesuvah.

(b) The Kesuvah of Chiya, Rav' son, was written by day and signed the following night. Rav was present and did not say anything.

1. Suggestion: This shows that Rav agrees with Shmuel's law!
2. Rejection: They were involved in the Kesuvah the entire time. (Shmuel's law is even if they engaged in other things - we do not know if Rav would agree to this.)

i. (Beraisa - R. Eliezer bar R. Tzadok): A Get (signed the night after it was written) is only invalid if they were not engaged in it in the interim; but if they were engaged in it the whole time, it is valid.

(c) (Mishnah): R. Shimon says, the Get is valid.
(d) (Rava): R. Shimon holds, once the husband seeks to divorce his wife, he no longer receives the fruits of her property.
(e) (Reish Lakish): R. Shimon only says the Get is Kosher if it was signed that night; but if it was signed during the next 10 days, it is invalid - we are concerned, perhaps he appeased her (and they had relations, and it is an old Get);

(f) . (R. Yochanan): R. Shimon approves the Get even if it was signed during the next 10 days - had he appeased her, people would know about this.
(g) (R. Yochanan): Reuven told 10 people: Write a Get to my wife - he intends that 2 should be witnesses, and merely made a condition that the others must sign their names on it (but they are not witnesses);
(h) (Reish Lakish): He intends that all 10 should be witnesses.
(i) Question: What is the case?

1. Suggestion: He did not say 'All of you'.
2. Rejection (Mishnah): Reuven told 10 people: Write a Get to my wife - 1 writes, and 2 sign. (Reish Lakish would not argue in this case!)

(j) Rather, he said 'All of you'.
(k) Question: All must sign anyway - what difference does it make if they are witnesses or not?
(l) Answer #1: 2 of them signed that day, the rest during the next 10 days.

1. If the rest only sign to fulfill a stipulation, the Get is valid; if they are all witnesses, the Get is invalid (according to Reish Lakish).

(m) Answer #2: One of the 10 was found to be a relative (of the husband or wife or one of the other 9) or an invalid witness.

1. If the rest only sign to fulfill a stipulation, the Get is valid; if they are all witnesses, the Get is invalid.

i. According to the opinion that the rest sign to fulfill a stipulation - if the invalid witness was among the first 2 to sign, some say that the Get is valid, others say it is invalid.
ii. Some say it is valid - he is only fulfilling a stipulation!
iii. Some say it is invalid - people may come to confuse this with other documents (in which the first 2 signatures are witnesses; they will think that relatives may sign documents).

(n) Reuven told 10 people: Write a Get to my wife - 2 of them signed that day, the rest during the next 10 days.

1. R. Yehoshua ben Levi: In pressed circumstances, we may rely on R. Shimon's opinion.