POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 2
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GITIN 2 - The first Daf in Maseches Gitin has been sponsored by Alex and
Helen Gross of Rechavya, Jerusalem, builders of a home molded by dedication
to Torah and Torah study. May the Torah always protect them and their
family!
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1) A "GET" FROM ABROAD
(a) (Mishnah): One who brings a Get (document of divorce)
from abroad must say 'It was written and signed in front
of me';
1. R. Gamliel says, even if he brings it from Rekem or
Cheger; R. Eliezer says, even if he brings it from
the village surrounding Lud to Lud;
2. Chachamim say, the only one who must say 'It was
written and signed in front of me' is one who brings
a Get from abroad, one who takes a Get abroad (from
Eretz Yisrael), or one who brings a Get from one
province to another in Chutz La'aretz.
3. R. Shimon Ben Gamliel says, even from one county (of
a governor) to another.
(b) R. Yehudah says, he must say it if he brought a Get from
Rekem or eastwards; Rekem itself is considered Chutz
La'aretz; from Ashkelon or further south is as Chutz
La'aretz; from Ako or further north is as Chutz La'aretz;
(c) One who brings a Get within Eretz Yisrael need not say it
was written and signed in front of me; if the Get is
contested, it will be verified through its signatures.
2) THE REASON FOR THE ENACTMENT
(a) (Gemara) Question: Why was this enactment made?
2b---------------------------------------2b
(b) Answer #1 (Rabah): Because people in Chutz La'aretz do
not know the law that a Get must be written Lishmah (for
the sake of divorcing that woman).
(c) Answer #2 (Rava): Because if the Get is contested,
witnesses are not readily available to verify the
signatures.
(d) Question: What difference does it make which is the
reason?
(e) Answer #1: 2 messengers brought the Get (they could
verify the signatures themselves, but we are concerned
for Lishmah).
(f) Answer #2: The Get is brought from one province to
another within Eretz Yisrael (it is surely Lishmah, but
witnesses are not available to validate the signatures).
(g) Answer #3: The Get is brought within 1 province in Chutz
La'aretz to another within Eretz Yisrael (witnesses are
available for validation, but we are concerned for
Lishmah).
(h) Question: Rabah says that abroad, people are ignorant of
the law of Lishmah. Why is the messenger believed to say
that he saw it written - 2 witnesses should be required,
as in all testimony!
(i) Answer: 1 witness is believed regarding prohibitions.
(j) Objection: We only say that in cases such as a piece of
meat which may be Chelev (forbidden fat) or Shuman
(permitted fat), since the piece was never established to
be forbidden;
1. In our case, the woman who will receive the Get was
known to be married (and forbidden to all other
men)!
2. Also - a Get permits incestuous relations (a married
woman to be with another man) - 2 witnesses are
required by such things!
(k) Answer: Most people (even abroad) know the law of Lishmah
(mid'Oraisa, we may rely on this, no testimony is needed
at all);
1. Even R. Meir, who normally is concerned for the
minority, is not concerned here, since Gitin are
written by scribes, and they all know the law of
Lishmah.
2. Chachamim were stringent to require the messenger to
testify about it; they were not so strict to require
2 witnesses, for this would cause Igun (she would be
unable to marry if no one else here knew that the
Get was Lishmah).
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