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Gitin, 29

29b

QUESTIONS: The Gemara introduces a concern that should prevent us from allowing a Get to be delivered by a Shali'ach. This concern is referred to as "Shema Piyes" -- perhaps the husband appeased his wife (and no longer wants to divorce her). Because of this concern, the Gemara writes that when a man tells a Shali'ach to deliver a Get after thirty days have passed, or a Get which includes a stipulation that it should not take effect until after twelve months have passed, the Get may not be used unless we have a way of knowing for certain that the husband did not appease his wife. One way to know for certain that the husband did not appease his wife is by ensuring that the husband originally stipulated that he trusts his wife to testify whether or not he appeased her. We can also know for certain that the husband did not appease his wife in a case where his wife is only an Arusah.

RASHI explains that the problem with the Get in a case where the husband might have appeased the wife is that he might have had relations with her before the time at which the Get took effect, and this will make the Get into a "Get Yashan." The Gemara earlier (25b) explains that the reason why the Chachamim invalidated a Get Yashan is because the date on the Get might precede the date of conception of a child that was born during the marriage, and this will cause people to say that the child was born out of wedlock when he really is a completely legitimate child.

There are a number of questions that may be asked on Rashi's explanation.

(a) According to Rashi, who explains that when the husband appeases the wife we are afraid that the Get might be a Get Yashan and the date of the Get might precede the date of the child's conception, why are we permitted to deliver the Get when the husband announces that he trusts his wife's testimony to say whether or not he appeased her? Even if he trusts her, *Beis Din* cannot trust her, and therefore Beis Din should be concerned for the welfare of a child who was conceived after the date written in the Get, despite the woman's testimony.

(b) If the problem of "Shema Piyes" is that the husband might have lived with his wife before the Get took effect, then how can this concern be applied in a case where the husband gives a Get stipulating that it should take effect in twelve months if he does not return before the twelve months passes? If the husband was together with his wife, then the Gemara should be concerned not that the Get is a Get Yashan, but that it is Batel altogether, since by returning to his wife before twelve months passes, the condition that he stipulated was not fulfilled and the Get cannot take effect at all!

These questions are asked by TOSFOS (18b, DH Shema Piyes).

ANSWERS:

(a) TOSFOS there asks another question on Rashi from the Gemara later (76b). The Beraisa there teaches that in a case of a Get that takes effect after thirty days, where the husband was not together with his wife during that time, we are not afraid that the Get is a Get Yashan. The Gemara asks that we should still be concerned that "Shema Piyes," that he appeased her.

However, if the Beraisa just said that there is no reason to be concerned that the Get is a Get Yashan, then why is the Gemara concerned that he appeased her?

It is clear from the Gemara there that the concern for Get Yashan and for "Shema Piyes" are two completely different Halachos. Rashi there (DH Shema Piyes) answers this question by explaining that Beis Din certainly has no reason to be concerned that the husband clandestinely secluded himself with his wife and the date in the get will predate the conception of their child. However, we should be concerned that the husband -- in an attempt to frustrate his wife -- will come at a later date and try to invalidate the Get by *claiming* that he secluded himself with her and that the Get is a Get Yashan! Just like the Chachamim took precautions to prevent the husband from saying that the Get he gave is forged when he sends it from Medinas ha'Yam, the were also concerned that the husband should not be able to say that it is a Get Yashan. Hence, it is obvious why we have no need to be concerned when the husband announces that he trusts his wife's testimony: since he gives her the power to override whatever he says, we are no longer concerned that he will claim that the Get is a Get Yashan.

Tosfos himself (18b) in the name of the RI suggests that this is Rashi's intention.

(Although there is an opinion in the Gemara on 79b that if the husband already divorced his wife with a Get Yashan, she is permitted to marry someone else l'Chatchilah on the basis of that Get, nevertheless Rashi there (DH Im Nisgarshah) explains that she may only get married on the basis of the Get when her husband has left to Medinas ha'Yam and she cannot get another Get from him. Our concern here is that the husband might claim that the Get is a Get Yashan and prevent her from marrying as long as he is in town. See also TOSFOS in Yevamos 14b, DH b'Get Yashan.)

(b) Apparently, Rashi learns that when the husband makes a condition stating that the Get will take effect only "if I do not return within twelve months," his condition means that the Get will take effect only if he does not return *permanently* within twelve months. Coming back to visit during that time is *not* a contradiction to his condition and does *not* annul the ability for the Get to take effect after twelve months! Hence, the Get can take effect after twelve months if not for the problem of Get Yashan.

(RABEINU TAM in Tosfos (18b) suggests another approach to the Sugya of "Shema Piyes" because of these questions.)