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
Bava Basra 160
***** PEREK GET PASHUT ****
1) THE SOURCE FOR TIED GITIN
(a) (Mishnah): In a standard Get, the witnesses are on the
inside (i.e. the same side as the text); in a tied Get,
the witnesses are on the outside (i.e. the opposite side
from the text).
(b) If witnesses signed on the outside of a standard Get, or
on the inside of a tied Get, it is invalid.
(c) R. Chanina ben Gamliel says, if witnesses signed on the
inside of a tied Get, it is valid, because it can be
converted to a standard Get.
(d) R. Shimon ben Gamliel says, everything follows the local
custom.
(e) A standard Get requires (at least) two witnesses, a tied
Get requires (at least) three;
1. A standard Get with only one witness or a tied Get
with only two witnesses is invalid.
(f) (Gemara) Question: What is the source of this?
(g) Answer #1 (R. Chanina): "Sados ba'Kesef Yiknu v'Chasuv
ba'Sefer" - this teaches about a standard Get;
160b---------------------------------------160b
1. "V'Chasom" - this teaches about a tied Get;
2. "V'Ha'ed" - (unless specified, testimony always
requires) two witnesses; "Edim" - (since 'Ed' would
imply two witnesses, Edim teaches) three witnesses.
3. We learn from this that a standard Get requires two
witnesses, a tied Get requires three.
4. Suggestion: Perhaps we should say vice-versa!
5. Rejection: Because a tied Get has extra knots (is
harder to write), it requires more witnesses.
(h) Answer #2 (Rafram): "Va'Ekach Es Sefer ha'Miknah" - this
teaches about a standard Get;
1. "Es ha'Chasum" - this teaches about a tied Get;
2. "V'Es ha'Galuy" - this is the text of a tied Get;
3. "Ha'Mitzvah veha'Chukim" - these are the differences
between standard and tied Gitin.
4. Question: What are the differences?
5. Answer: A standard Get requires two witnesses, they
sign on the inside; a tied Get requires three
witnesses, they sign on the outside.
6. Suggestion: Perhaps we should say vice-versa
(regarding the number of witnesses)!
7. Rejection: Because a tied Get has extra knots, it
requires more witnesses.
(i) Answer #3 (Rami bar Yechezkeil) Question: "Al Pi Shnai
Edim O Al Pi Sheloshah Edim Yakum Davar" - if two
witnesses suffice, why does the Torah mention three?
1. Answer: This teaches that a standard Get requires
two witnesses, a tied Get requires three.
2. Suggestion: Perhaps we should say vice-versa!
3. Rejection: Because a tied Get has extra knots, it
requires more witnesses.
(j) Objection: Each of these three verses teaches something
else!
1. (Beraisa): "Sados ba'Kesef Yiknu v'Chasuv ba'Sefer
va'Chasom" - that teaches good counsel (to keep
signed documents for proof);
2. "Va'Ekach Es Sefer ha'Miknah" - (this does not teach
anything,) the verse merely records what he did;
3. "Al Pi Shnai Edim O Al Pi Sheloshah Edim Yakum
Davar" - this equates two witnesses to three
witnesses regarding Hazamah, R. Akiva and Chachamim
argue about precisely what we learn from it.
(k) Answer #4: Chachamim enacted tied Gitin, the verses are
mere Asmachtos.
(l) Question: Why did Chachamim enact them?
(m) Answer: There was a region of impetuous Kohanim, they
were quick to divorce (and could not remarry their
wives);
1. Chachamim enacted tied Gitin - they take longer to
write, perhaps the husband will calm down in the
meantime and not divorce his wife.
(n) Question: That explains tied Gitin of divorce - why are
there tied monetary Gitin?
(o) Answer: So there will not be differences between Gitin of
divorce and money.
2) WHERE WE SIGN TIED GITIN
(a) Question: Where do the witnesses sign a tied Get?
(b) Answer #1 (Rav Huna): They sign in between the places
where it is tied. (We are thinking that they sign on the
inside (the same side as the text).)
(c) Answer #2 (R. Yirmeyah bar Aba): They sign opposite the
text, corresponding to where the text is.
(d) Question (Rami bar Chama): How does Rav Huna explain the
following episode?
1. A tied Get was brought in front of Rebbi; he
remarked 'It has no date'!
2. R. Shimon b'Rebbi: Perhaps it is between the places
where it is tied.
3. Rebbi untied it, and found that this was so.
4. Summation of question: According to Rav Huna, Rebbi
should also have remarked that the Get has no
witnesses!
(e) Answer (Rav Chisda): Rav Huna says that they sign in
between the places where it is tied, on the *outside*.
(f) Question: Since they sign opposite the text (at the top),
we should be concerned that the bearer of the document
will add (clauses to his advantage) to the text after
they signed!
(g) Answer: The text says 'Sharir v'Kayam' (this indicates
the end of the document).
(h) Question: Perhaps he will add to the text, and write
another 'Sharir v'Kayam'!
(i) Answer: A document may only say 'Sharir v'Kayam' once.
(j) Question: Perhaps he will erase the first 'Sharir
v'Kayam', add to the text, and write 'Sharir v'Kayam'!
(k) Answer: R. Yochanan taught, if words were written between
the lines, and the document mentions them at the end, it
is valid;
1. An erasure invalidates a Get, even if the document
mentions it at the end.
2. An erasure invalidates a Get only if it is in a
place fitting and large enough for it to say 'Sharir
v'Kayam' (because of this concern)!
Next daf
|