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POINT BY POINT SUMMARY

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


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Gitin 85

1) MEN TO WHOM SHE IS FORBIDDEN ANYWAY

(a) (Mishnah): 'You are permitted to every man except for my father', or he excluded his brother, her father or brother, a slave or Nochri, or anyone she cannot be engaged to - the Get is valid;
(b) If he excluded a Kohen Gadol (and she is a widow), or a regular Kohen (she is divorced or a Chalutzah), or a Yisrael (she is a Mamzeres or Nesinah), or a Mamzer or Nasin (she is a Bas Yisrael), or anyone to whom she can be engaged (albeit it is forbidden) - the Get is invalid.
(c) (Gemara) Question: What does the rule of the first clause (or anyone she cannot be engaged to) come to include?
(d) Answer: Other forbidden relations punishable by Kares.
(e) (Gemara) Question: What does the rule of the latter clause (or anyone she can be engaged to) come to include?
(f) Answer: Other forbidden relations punishable by a Lav.
(g) Question (Rava): 'Except for Reuven (and he is a minor)' - what is the law?
1. Do we consider him someone that cannot engage her (i.e. now)?
2. Or, is he as someone that can engage her (i.e. later)?
(h) Answer (Rav Nachman - Mishnah): A minor can be divorced even from a mid'Oraisa marriage.
1. Question: But "Yatzah v'Haysah" equates the laws of divorce and engagement - a girl that cannot be engaged (e.g. a minor not in her father's jurisdiction) cannot be divorced!
2. Answer: A minor is considered engagable because she can be engaged when she matures.
3. Here also, a minor is considered someone she can be engaged to.
(i) Question (Rava): 'Except for men that will be born' - what is the law?
1. Since they are not around yet - the Get is valid;
2. Or - since they will be born, the Get is invalid.
(j) Answer (Rav Nachman - Mishnah): '(Except for) a slave or Nochri' - even though they may convert (or be freed), the Get is valid.
(k) Rejection: That is different, for we do not expect them to convert, but men are standing to be born!
(l) Question (Rava): 'Except for your sister's husband' - what is the law?
1. Now, she cannot be engaged to him, so the Get is valid;
2. Or, since she will be permitted to him if her sister dies, the Get is invalid?
(m) Answer (Rav Nachman - Mishnah): '(Except for) a slave or Nochri' - even though they may convert (or be freed), the Get is valid.
(n) Rejection: That is different, for conversion is uncommon, but death is common.
(o) Question (Rava): 'You are divorced except regarding extramarital relations' - what is the law?
1. Regarding marriage, he permitted her to everyone (the Get is valid);
2. Or, since he did not permit (all) relations, it is invalid.
(p) Answer (Rav Nachman - Mishnah): 'Except for my father or your father'.
1. Question: Regarding what did he not permit them?
i. Suggestion: If regarding marriage - this cannot be, she cannot be married to them!
2. Answer: Rather, it is regarding extramarital relations.
3. Inference: Only by her father or father-in-law, such a Get is valid - but if extramarital relations were forbidden with other men, the Get would be invalid.
(q) Rejection: Really, it refers to marriage, if she should transgress and marry either of them.
(r) Question: 'Except for abnormal relations' - what is the law?
1. She is fully permitted regarding normal relations;
2. Or, since the Torah equates normal and abnormal relations, a Get must permit both.
2) OTHER REMNANTS OF MARRIAGE
(a) Question: 'Except for vows (that he should be able to annul her vows even after he divorces her' - what is the law?
1. He allows her to marry anyone.
2. Or, "Her husband will confirm her vows, her husband will annul her vows" - this indicates, he is still called her husband.
(b) Question: 'Except for Terumah (her husband is a Kohen, he stipulates that she should be permitted to eat Terumah after the divorce (Tosfos)) - what is the law?
1. He allows her to marry anyone.
2. Or, "The acquisition of his money" - this shows, she is still called his wife.
(c) Question: 'Except for my privilege to inherit you if you die' - what is the law?
1. He allows her to marry anyone.
2. Or, "To his close kin, he will inherit her"- this indicates, he is still considered her husband.
(d) Question: 'Except for engagement via a document" - what is the law?
1. She can be engaged through money or relations;
2. Or - since methods of engagement are equated, a Get must permit all of them.
(e) These questions are unresolved.
3) THE CRUX OF A GET
(a) (Mishnah): The crux of a Get is 'You are permitted to every man';
85b---------------------------------------85b

(b) R. Yehudah says, 'And this will be for you, from me, a Sefer of cutting, a letter of abandonment, a Get of exemption that you may marry any man you want.'
(c) The crux of a Get of freedom is 'You are a free woman', or 'You are to yourself'.
(d) (Gemara): Obviously, a Get of divorce that says 'You are a free woman', or a Get of freedom that says 'You are permitted to every man' is invalid.
(e) Question: If a Get of divorce says 'You are to yourself' - what is the law?
1. Does he mean, you are entirely to yourself?
2. Or, does he only mean regarding work?
(f) Answer (Ravina - Mishnah): The crux of a Get of freedom is 'You are a free woman', or 'You are to yourself'.
1. A master owns his slave's body, still 'You are to yourself' is sufficient for the slave to acquire himself;
2. A husband does not own his wife's body - all the more so, this language suffices!
(g) Question (Ravina): A Get of freedom that says 'I have no involvement in you' - what is the law?
(h) Answer (Rav Chanin - Beraisa): One who sells his slave to a Nochri - the slave goes free, and needs a Get of freedom from his original owner;
1. R. Shimon ben Gamliel says, if he wrote his Ono, this serves as his Get of freedom.
2. Question: What is an Ono?
3. Answer (Rav Sheshes): 'When you flee from (your new master) I have no involvement in you'.
(i) (Mishnah): R. Yehudah says, 'And this will be for you, from me, a Sefer of cutting, a letter of abandonment, a Get of exemption that you may marry any man you want.'
(j) Question: On what do R. Yehudah and Chachamim argue?
(k) Answer: Chachamim hold, a Yad (an abbreviated language) which is not clear (how to complete it) is a valid Yad (it is as if he said the full language);
1. Even though he did not write 'And this...', it is clear that he divorces her through the Get.
(l) R. Yehudah holds, a Yad which is not clear is not a Yad;
1. If he does not write 'And this...', it may appear that he divorces her verbally, the Get is just for a proof.
4) THINGS WHICH CAN BE MISCONTSRUED IN A GET
(a) (Abaye): One should not write in a Get 'v'Dein' (and this is) with a 'Yud', for this might be read as 'v'Din' (the law says I must divorce you); rather, it should be written without a 'Yud'.
1. One should not write 'Igeres (a letter)' with a 'Yud', for this might be understood as a language of a roof; rather, it should be written without a 'Yud'.
2. One should not write 'Limehach (it will be) with a 'Yud', for this might be read as 'Li Mihach' (the Get will be to me), nor 'Limchach' (as a joke).
3. 'd'Yishaviyain' and 'd'Yisyatzviyain' should each be written with 3 'Yud'im' (to connote 'that you will be engaged, that you will want).
4. One should make the letter Vov extra long in 'Tiruchin (cutting)' and 'Shevukin (abandonment) - if the Vov would be mistaken for a 'Yud', this would refer to Gitin in general, not specifically for his wife).
5. One should make the Vov extra long in 'd'Chado (that when)' - if it would be mistaken for a 'Yud', this would imply that he divorces her 'Chedi' (without anything).
6. One should not write 'Le'isnasva' lest it be read 'Lo Yisnasva', rather, 'Lehisnasva' (to marry).
(b) Question: Must one write 'And this...'?
(c) Answer: Rava enacted that a Get should say 'Peloni...cuts off Pelonis...from this day and forever' - he did not mention 'And this...'!
(d) Rejection: He did not mention other things that must be in the Get - likewise, he did not mention 'And this...'.
(e) Rava enacted that the Get should say 'From this day' - unlike R. Yosi, who says that the date on a document itself proves that it takes effect that day.
(f) He enacted 'Forever' so people will not think that the divorce was only temporary.
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