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1) IMPROPER GITIN

(a) (Mishnah): If a woman remarried relying on a Get with one of the problems listed below, she suffers the following penalties:

1. She may not remain married to her original nor her new husband;
2. She may not marry anyone else until she gets a proper Get from both husbands;
3. She does not receive from either husband: a Kesuvah, nor fruits (of her property), nor food, nor the remnants of property she brought into the marriage;

i. If she received, she must return it;

4. Children from either husband (after she remarried) are Mamzerim;
5. If she dies, neither husband may become Tamei (if he is a Kohen) to engage in her burial;
6. Neither husband receives objects she finds or her productivity, neither can annul her vows;
7. If she was a Bas Yisrael - she becomes disqualified to ever marry a Kohen;
8. If she was a Bas Levi - she becomes disqualified from eating Ma'aser;
9. If she was a Bas Kohen - she becomes disqualified from eating Terumah;
10. Her children from either husband do not inherit her Kesuvah;
11. If either husband died before giving her a Get - she does Chalitzah with a brother, not Yibum.

(b) The problematic Gitin:

1. The date is not according to the reign of the king of the land, rather according to the king of an improper kingdom, or of the Medes, or of the Yevanim;
2. It was dated by the years since the building of the Beis ha'Mikdash or its destruction;
3. He was in the east, but the Get says 'In the west';
4. The name of the husband or wife, or the name of his or her city was changed;

(c) Reuven died without children. One of his wives (Leah) was a close relative of the Yavam, by which the law is that she and all co-wives are exempt from Yibum and Chalitzah. A co-wife remarried, and it was then learned that Leah is an Ailonis (so she was never really married, and the co-wife was forbidden to remarry without Chalitzah) - all of the above fines apply. (Whatever applied to the first husband (i.e. she may not be married to him) applies to the Yavam).
(d) Shimon died without children; a brother did Yibum on one of the widows (Rachel). (This exempts the other co-wives from Yibum and Chalitzah.) A co-wife remarried, and it was then learned that Rachel is an Ailonis (so the Yibum was invalid, and the co-wife was forbidden to remarry without Chalitzah) - all of the above fines apply.
(e) A scribe wrote a Get for a man and a receipt (saying that the Kesuvah has been paid) for his wife. The man divorced his wife and took the receipt; she remarried. Later, he finds that he has the Get, and she has the receipt - we realize that the scribe gave the wrong document to each party, so she was never divorced! All the above fines apply;

1. R. Eliezer says, this is only if the mistake is realized immediately; if not, the man is not believed to forbid her to her second husband.

(f) (Gemara) 'An unfitting kingdom' refers to Rome;

1. It is called 'unfitting' because it does not have its own alphabet or language.

(a) (Ula): It was enacted to date a Get according to the kingdom for the sake of Shalom with the king.
(b) Question: If that is the reason, if this was not done, would she have to leave her new husband, and would the children be Mamzerim?!
(c) Answer: Yes, according to R. Meir!

1. (Rav Hamnuna): R. Meir holds, any deviation from the enactments of Chachamim in Gitin invalidates the Get, and the children (from the new husband) are Mamzerim.

(d) (Mishnah): According to the kingdom of Yavan.
(e) It was necessary to teach the different cases.

1. If only Rome was taught - one might have thought, other kings resent a Get dated according to Rome because the Romans currently rule;

i. This would not apply to Yavan or the Medes.

2. If Yavan was taught, one might have thought, other kings resent such a Get because Yavan once ruled;

i. This would not apply to the building of the Beis ha'Mikdash.

3. If the building of the Beis ha'Mikdash was taught, one might have thought, other kings resent this because we mention our praise;

i. This would not apply to the destruction of the Beis ha'Mikdash, for this is our sorrow;

4. We hear, this is not so, the Get is invalid in all these cases.

(f) (Mishnah): He was in the east, but the Get says 'In the west'.
(g) Question: Who was in the east?

1. Suggestion: If the husband - this is the next clause, 'The name of the husband or wife, or the name of his or her city was changed'!

(h) Answer: Rather, the scribe was in the east.

1. Rav Huna would tell scribes to write the location they are in, not where they were commanded to write the Get.

(i) (Rav Yehudah): Our Mishnah is as R. Meir; Chachamim say, even if the Get was dated according to a minor city official, she is divorced.

(j) Question (Rav Nachman bar Rav Chisda): A Get was dated according to a servant of the king in Buscar - what is the law?
(k) Answer (Rabah): Even R. Meir admits, in such a case she is divorced, since the servant is part of the same kingdom.
(l) Question: Why is this different than according to a minor city official?
(m) Answer: There, it is a disgrace; here, it honors the kingdom.
(n) (R. Aba): Our Mishnah is as R. Meir, but Chachamim say that the children are not Mamzerim;

1. Chachamim admit to R. Meir that if the name of the husband or wife, or the name of his or her city was changed, the children are Mamzerim.
2. Support (Rav Ashi - Mishnah): If the name of the husband or wife, or the name of his or her city was changed, all the fines apply.
3. Question: Who taught this clause?

i. Suggestion: If R. Meir - this case should be taught together with the previous case (since the law is the same)!

4. Answer: Rather, Chachamim taught it.

(a) (Mishnah): If Reuven died without children...
(b) [Version #1 - Inference: The fines apply when the co-wife remarried - but had she had extramarital relations, she is not fined.

1. Suggestion: This refutes Rav Hamnuna.

i. (Rav Hamnuna): If a Shomeres Yavam had relations with a stranger, she is forbidden to the Yavam.

(c) Rejection: No, the fines apply whether she married or had extramarital relations.

1. It is nicer to speak of marriage, so the Tana taught this case.]

(d) [Version #2: The Mishnah speaks when the co-wife remarried; the same applies if she had extramarital relations.

1. Suggestion: This supports Rav Hamnuna.

i. (Rav Hamnuna): If a Shomeres Yavam had relations with a stranger, she is forbidden to the Yavam.

(e) Rejection: No, the fines only apply when she got married because only then she can be confused with a woman who remarried after hearing (false testimony) that her husband died overseas.]
(f) (Mishnah): A brother did Yibum...
(g) It is necessary to teach this case and the previous case.

1. If we only taught the first case, one might have thought that only there she is fined, since Yibum was never done; but here, Yibum was done, she is not fined.
2. If we only taught this case, one might have thought that only here she is fined, because she knew that she fell to Yibum; but there, she thought that she was exempt from the moment her husband died, she is not fined.

(h) (Mishnah): If the scribe erred...R. Eliezer says, if the mistake is realized immediately...
(i) Question: What is considered immediately?
(j) Answer #1 (Rav Yehudah): The whole time they are involved in the divorce is called immediately; after they divert to another matter is considered 'later'.
(k) Answer #2 (Rav Ada bar Ahavah): If she did not yet remarry, that is immediately; after remarriage is considered 'later'.
(l) (Mishnah): He is not able to forbid her to her second husband.

1. This fits according to Rav Ada bar Ahavah - only if she remarried, he is not believed.
2. Question: According to Shmuel - her husband is not believed even if she did not remarry!
3. Answer: The Mishnah means, he cannot uproot her privilege to marry a second husband.