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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 87

1) A JOINT GET

(a) (Mishnah): Five Gitin written jointly...
(b) Question: What is the difference between being written jointly, and when a Tofes is written for each?
(c) Answer #1 (R. Yochanan): If one date is written for all - this is a joint Get; if a date is written for each - this is Tofes.
(d) Answer #2 (Reish Lakish): Even if 1 date is written for all, this can also be Tofes.
1. Rather, the difference is: in a joint Get, they write 'We, Reuven and Shimon divorce our wives Leah and Rachel...'.
(e) Question (R. Aba): R. Yochanan said that if 1 date is written for all, this is a joint Get - we should be concerned that the witnesses only signed intending for the last Get!
1. (Beraisa): Witnesses signed underneath a greeting written underneath a Get - it is invalid, we are concerned that the witnesses did not sign on the Get, rather on the greeting.
(f) Answer: R. Avahu taught - if it says 'Sha'alu (greet)' under the Get, the Get is invalid; if it says 'v'Sha'alu (and greet)', the Get is valid (the witnesses intended to testify to the Get and to greet);
1. Here also, it says 'Reuven and Shimon and...'.
(g) Question (R. Aba): R. Yochanan said that if 1 date is written for all, this is a joint Get and only the last one is valid - even if it would not be a joint Get, the first ones would be invalid, for it was not signed on the day they were written!
(h) Answer (Mar Keshisha brei d'Rav Chisda): The case is, all were written on the same day and signed that day.
(i) Question (Ravina): Reish Lakish says, even if 1 date is written for all, it is Tofes - what is the case of a joint Get?
(j) Answer (Rav Ashi): In a joint Get, they write 'We, Reuven and Shimon divorce our wives Leah and Rachel...'.
(k) Question: If so, 2 women are divorced with 1 document - but the Torah said "He will write for her", not for her and her companion!
(l) Answer: Later, it says 'Reuven divorced Leah, Shimon divorced Rachel...'
(m) Question (Ravina): Why is this needed - it is not needed by a Get of freedom!
1. (Beraisa): David wrote a document giving all his property to his 2 slaves - they acquire themselves and free each other.
(n) Answer (Rav Ashi): We established that Beraisa to be when he wrote 2 documents.
(o) A Beraisa supports R. Yochanan, another supports Reish Lakish.
1. (Beraisa (for R. Yochanan)): Five men wrote in a Get: Reuven divorced Leah, Shimon divorced Rachel,...; there is 1 date, and the witnesses signed below - all are valid, it must be given to each woman.
2. If each Get has its own date, and the witnesses signed below - only the Get that the witnesses signed under is valid;
i. R. Yehudah ben Beseira says, if there are spaces between the Gitin, the others are invalid; if not, all are valid, the separate dates do not separate the Gitin.
3. (Beraisa (for Reish Lakish)): Five men wrote a joint Get: We, Reuven and Shimon divorced our wives Leah and Rachel - Reuven divorced Leah, Shimon divorced Rachel,...; there is 1 date, and the witnesses signed below - all are valid, it must be given to each woman.
4. If each Get has its own date, and there is space between each Get - the Get that the witnesses signed underneath is valid, the others are not;
i. R. Meir says, even if there are no spaces between the Gitin, the others are invalid, because the separate dates separate them.
5. Question: According to Reish Lakish, why must there be a separate date for each - he said, even this is Tofes!
6. Answer: That is only when the Gitin are not written together at the beginning; here, they are written together at the beginning, if there are separate dates, they are Tofes; if not, they are a joint Get.
2) ON WHICH GET DID WITNESSES SIGN?
(a) (Mishnah): Two Gitin were written side by side - 2 witnesses signed in Hebrew under them, from under the right Get to under the left Get, and 2 witnesses signed underneath in Yevanis, from under the left Get to under the right Get;
1. The Get on the side that the first signatures begin (i.e. Hebrew writing goes from right to left) is valid.
(b) If 1 witness signed underneath in Hebrew, and under him a witness signed in Yevanis, then a Hebrew witness, then a Yevanis - both Gitin are invalid.
(c) (Gemara) Suggestion: The first 2 witnesses should make both Gitin valid!
1. Each witness signed under both Gitin - under the right Get, 'Reuven' (his own name), and under the left Get, 'ben Yakov' (his father's name).
2. (Mishnah): A witness that signed 'ben Ploni, witness' - the signature is valid.
(d) Rejection: The case is, 'Reuven ben' is written under the right Get, and 'Yakov witness' is under the left Get.
(e) Suggestion: Still, 'Yakov witness' is a valid signature, the left Get should also be valid!
1. (Mishnah): A witness that signed 'Ploni, witness' - the signature is valid.
(f) Rejection #1: The case is, he signed 'Reuven ben Yakov', and did not write 'witness' at all.
(g) Rejection #2: He wrote 'witness', but we know that 'Yakov witness' is unlike Yakov's signature (so we cannot accept is as a signature).
87b---------------------------------------87b

(h) Suggestion: We should assume that Reuven signed his father's name (and this is a valid signature)!
(i) Rejection: A person would not sign his father's name in place of his own name.
(j) Suggestion: Perhaps Reuven regularly signs his father's name as a symbol in lieu of his own name.
1. Rav would draw a fish in lieu of signing his name...Rav Chisda would write a 'Samech'...
(k) Rejection: A person is not so brazen to use his father's name for this.
(l) Suggestion: The right Get should be Kosher with the Hebrew witnesses, and the left Get with the Yevanis witnesses!
1. (Mishnah): A Get written in Hebrew and the witnesses signed in Yevanis, or vice-versa - it is Kosher.
2. Suggestion: Perhaps the left Get is not Kosher because 2 lines (occupied by the Hebrew signatures) separate the Yevanis signatures from the Get.
3. Rejection: Chizkiyah taught, if relatives (who are invalid witnesses) signed empty lines between a Get and the Kosher witnesses, it is valid.
(m) Answer: Indeed, Ze'iri taught that both Gitin are Kosher!
1. Our Tana is concerned, perhaps the Yevani signatures also signed right to left (to be consistent with the Hebrew witnesses - if so, they also testify on the right Get).
(n) (Mishnah): If 1 witness signed underneath in Hebrew, and under him a witness signed in Yevanis, then a Hebrew witness, then a Yevanis - both Gitin are invalid.
(o) [Version #1 - Rashi - Suggestion: The right Get should be Kosher with a Hebrew and a Yevani witness, and also the left Get! (The case is, the middle 2 witnesses started signing on one line and finished in the next - if we assume that each signed as is normal in his language, each Get has 1 Hebrew and 1 Yevani witness.)
(p) Answer: Indeed, Ze'iri taught that both Gitin are Kosher!
1. Our Tana is not sure on which Get the bottom 3 signatures were signed - perhaps (any or all of them) deviated from the way of his language, in order to sign as the witness above him.]
(q) [Version #2 - Tosfos - Suggestion: (The right Get) should be Kosher with a Hebrew witness, and a Yevani witness (even if we are concerned that the bottom witnesses signed backwards; if we are not concerned, it should be Kosher with the 2 Hebrew witnesses, and the left Get would be Kosher through the Yevani witnesses).
(r) Answer: Indeed, Ze'iri taught that both Gitin are Kosher!
1. Our Tana is concerned, perhaps the 3 bottom signatures all signed left to right (the Yevanim - as is normal in Yevani; the second Hebrew witness mimicked the Yevani witness above him), therefore, we cannot declare the Get valid.]
3) GITIN WRITTEN IN DIFFERENT WAYS
(a) (Mishnah): If part of the Get was written in a different column and the witnesses signed below - it is valid.
(b) If witnesses signed at the top of the page, or on the side, or on the other side of a normal Get - it is invalid;
(c) Two Gitin are written on 1 page, the witnesses signed in between: if each Get begins by the signatures (and goes outwards) - both are invalid;
1. If both Gitin end by the signatures - when viewing the signatures right-side up, the Get above them is Kosher, the other is invalid;
2. If 1 of the Gitin ends by the signatures - it is Kosher, the other is invalid;
3. A Get was written in Hebrew, the signatures are in Yevanis, or vice-versa, or 1 witness signed in Hebrew, the other in Yevanis - it is Kosher;
(d) The Get is in a scribe's handwriting and 1 witness signed - it is Kosher;
(e) The following are valid signatures: 'Ploni (is a) witness', 'The son of Ploni is a witness', 'Ploni the son of Almoni' (even though he did not write 'witness').
1. People of Yerushalayim who spoke concisely would sign Gitin thusly.
(f) If family names of the husband and wife were used, it is Kosher.
(g) (Gemara) Question: When the Get finishes in a second column - we should be concerned that 2 Gitin were written, 1 in each column: the bottom of the Get in the first column was cut off, as was the top of the Get in the second column!
(h) Answer #1 (R. Aba): The case is, the writing in the first column has blank parchment underneath.
1. Question: Still, we should be concerned that the first Get was never finished, and the second column is the end of a different Get (the top was cut off)!
2. Answer: Similar to R. Aba's answer above, the case is, the writing in the second column has blank parchment above it.
3. Question: The fact that the Get finishes in another column suggests that it was not written at once;
i. If the first column ends with 'Behold, you are' and the second column begins with 'permitted' - perhaps after writing the first column, the husband canceled the Get, and later resumed writing in the second column!
4. Answer: We are not concerned for such far-fetched possibilities.
(i) Answer #2 (Rav Ashi): The case is, we can see from the parchment that the Get was intended to be written as is, in 2 columns.
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