(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


POINT BY POINT SUMMARY

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


Ask A Question on the daf

Previous daf

Gitin 21

GITIN 21 - This Daf has been dedicated by Eitan Fish of N.Y., in memory of his illustrious ancestor Hagaon Rav Yitzchak Blazer (a.k.a. "Reb Itzele Peterburger," author of "Kochevei Or" and "Pri Yitzchak"), one of the leading Talmidim of Hagaon Rav Yisrael Salanter Ztz"l. He passed away 11 Av 5667 (1907) in Yerushalayim.

1) GIVING A GET ALONG WITH A SLAVE OR PLOT OF LAND

(a) (Rava): A man wrote a Get, and put it in his slave's hand. He then wrote a document giving his slave as a gift, and gave it to his wife. She acquires the slave and is divorced.
(b) Question: But the slave is (regarding acquisitions as) a moving courtyard, this does not acquire!
1. Suggestion: Perhaps the case is, he gives her the slave when the slave is standing still.
2. Rejection: Rava himself taught, any case where a moving courtyard does not acquire, it does not acquire even if stationary!
(c) Answer: The case is, the slave is tied up (so he cannot move).
(d) (Rava): A man wrote a Get, and put it in his courtyard. He then wrote a document giving the yard as a gift to his wife. She acquires the yard and is divorced.
(e) Rava had to teach both cases.
1. Had he only taught the case of the slave - one might have thought, regarding a courtyard, Chachamim decreed that she is not divorced, lest people think she is divorced even when he puts the Get in another man's yard, and that man gives or sells her the yard. (This does not work, since her husband did not give the Get to her.)
2. Had he only taught the case of the yard - one might have thought, regarding a slave, Chachamim decreed that she is not divorced, lest people think she is divorced even when he puts the Get in the hand of a slave that is not tied up.
i. Rava taught both cases, to teach that Chachamim did not decree in either case.
(f) Question (Abaye): The Torah said that he puts the Get in her hand; we learn that he may alternatively put it in her courtyard. Just as she is divorced through (the Get being put in) her hand with or against her will, she should be divorced through her courtyard with or against her will!
1. But receiving the courtyard as a gift (with the Get in it) is only if she wants!
2. Counter-question (Rav Simi bar Ashi): But she can make a Shali'ach (agent) to receive her Get, and this only works if she wants!
3. Answer #1 (Abaye): We do not learn Shelichus from her hand - we learn it from "v'Shilach/v'Shilchah (he will send her)", so Shelichus need not resemble her hand!
4. Answer #2 (Abaye): There is a case of Shelichus against her will - the father of a minor accepts his daughter's Get against her will!
2) ON WHAT THE GET MAY BE WRITTEN
(a) (Mishnah): On an olive leaf ...
(b) We understand, when he writes on a slave's hand, he must give the whole slave - we may not cut off his hand!
21b---------------------------------------21b

(c) Question: When he writes on the horn of a cow - why must he give the whole cow, let him cut off the horn and give the horn!
(d) Answer: "He will write...he will give" - the Get must be fit to give once it is written.
1. If he cuts it off in between, we see that it needed to be detached between the writing and giving.
(e) (Mishnah): R. Yosi ha'Gelili says...
(f) Question: What is R. Yosi ha'Gelili's reason?
(g) Answer (Beraisa): "Sefer" - one might have thought, only a Sefer - "And he will write for her" comes to include writing on anything.
(h) Question: If so, why did the Torah specify "Sefer"?
(i) Answer: Just as a Sefer is not alive and is not a food - the Get may not be written on something alive or on a food.
1. Chachamim: Had the Torah said "In a Sefer" - we would agree; but the Torah says "Sefer" - this refers to Sefiras (telling) the matter (i.e. that he is cutting his connection to his wife).
(j) Question: What do Chachamim learn from "And he will write"?
(k) Answer: That he divorces her through writing, not through money.
1. One might have thought, we equate divorce to engagement; just as money can make engagement, it can make divorce - we hear, this is not so.
2. R. Yosi ha'Gelili learns this from "A Sefer of cutting" - only a Sefer cuts.
i. Chachamim learn from "A Sefer of cutting" that the Get must cut them off from each other.
ii. (Beraisa): 'You are divorced on condition that you will never drink wine, or that you will never go to your father's house' - this does not cut them off;
iii. If the condition is only for 30 days, the Get cuts them off and is valid.
iv. R. Yosi ha'Gelili learns this law from the fact that the Torah said "Cuttings", not cutting.
v. Chachamim say, the plural form does not warrant teaching a new law.
3) A GET WRITTEN WHILE ATTACHED
(a) (Mishnah): We do not write a Get on something attached to the ground; if he wrote it attached, detached it, had witnesses sign and gave it to her, it is valid;
1. R. Yehudah says, it is only valid if it was written and signed while detached.
(b) R. Yehudah ben Beseirah says, we do not write on a parchment that has already been erased; nor on a hide that has been salted and treated only with flour, but not with gallnuts, because erasures on such parchments are not recognizable;
1. Chachamim permit this.
(c) (Gemara) Question: Why does it say, 'if he wrote it attached' - the beginning of the Mishnah says, we do not write a Get on something attached!
(d) Answer #1 (Rav Yehudah, R. Elazar, Rabah bar bar Chanah): The Toref (essential part) must be written detached; if the Tofes (the standard part which is the same on every Get) was written attached, the Get is still valid.
1. The Mishnah is as R. Elazar, who says that a Get is empowered by the witnesses that saw it given.
2. The Mishnah says as follows: we may not write the Tofes while attached, lest we write the Toref attached; if the Tofes was written attached, then the Get was detached and the Toref was written and the Get was given, it is valid.
(e) Answer #2 (Reish Lakish): The Mishnah explicitly says, if it was signed after it was detached, it is valid - the Mishnah is as R. Meir, who says that a Get is empowered by the witnesses that signed it. (When the Torah said "He will write the Get", it means he will have witnesses sign the Get; since detaching did not separate between the signing and giving, it is valid.)
1. The Mishnah says as follows: we may not write the Toref while attached, lest we sign the Get attached; if the Toref was written attached, then the Get was detached and it was signed and given, it is valid.
Next daf

Index


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,
daf@shemayisrael.co.il