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1) SPLITTING A PERSON'S WORDS (cont.)

(a) Contradiction (Rav Nachman) A dying person wrote a document giving all his possessions to his slave, and later retracted - he can retract giving the property, but not the freedom.

1. He can retract giving the property, for this is the law of a gift of a dying man;
2. He cannot retract the freedom, for the slave has already been called a free man.

(b) Answer (to question (a) and to Contradiction a:3 - Rav Ashi): Even R. Meir (the Chachamim of R. Shimon) holds that we split a person's words - he disqualified the Get of freedom for a different reason;

1. He holds, a Get of freedom in which the master retains something is invalid.

(a) (Mishnah): If the Get is contested, it is validated through its signatures.
(b) Question: How many people contest the Get?

1. Suggestion: If only 1 - but R. Yochanan taught, 1 person who contests a Get is ignored!

(c) Answer #1: Rather, 2 contest it.
(d) Objection: Why does validation help - why believe the 2 witnesses that signed, more than the 2 contesting it!
(e) Answer #2: Rather, the husband contests the Get.
(f) (Mishnah): One that brings a Get from abroad and cannot say 'it was written and signed in front of me' - if the Get has signatures, we validate it through the signatures;

(a) This is one of 3 ways in which Gitin of divorce and of freedom have the same law.
(b) (Gemara) Question: Why can't he say the declaration?

1. Suggestion: If because he is deaf - but a deaf person cannot bring a Get!

i. (Mishnah): Anyone can bring a Get, except for a deaf person, lunatic or minor.

(c) Answer (Rav Yosef): The case is, the messenger gave the Get when he was healthy, and became deaf before he was able to say the declaration. (d) (Mishnah): Gitin of divorce and of freedom have the same law.
(e) (Beraisa): In 3 ways, Gitin of divorce and of freedom have the same law:

1. One that brings a Get to or from Chutz La'aretz;
2. Any Get on which a Kusi signed is invalid, except for Gitin of divorce and of freedom;

3. All documents that pass through courts of Nochrim, even though they are signed by Nochrim, are valid, except for Gitin of divorce and of freedom.
4. R. Meir says, they are also the same in a fourth respect: one who says 'Give this Get to my wife or slave' - in either case, he can retract.

(f) We understand why Chachamim said 'in 3 respects' - to exclude R. Meir's case.
(g) Question: When R. Meir said 'in 4 respects' - what does he come to exclude?
(h) Answer: The following case.

1. (Beraisa): Witnesses that do not know how to sign - we scratch outlines of the letters of their names in the parchment, and they fill them in with ink;
2. R. Shimon Ben Gamliel says, this only applies to Gitin of divorce; by Gitin of freedom, or all other documents, witnesses may only sign if they can read and sign.
3. Question: The first Tana never said that they must be able to read!
4. Answer: The Beraisa is abbreviated; it reads as follows.

i. (Beraisa): Witnesses that do not know how to read - we read the document to them, and they sign;
ii. Witnesses that do not know how to sign - we scratch outlines ...

(i) Question: Are there really no other similarities of Gitin of divorce and of freedom?

1. Question #1: One who says 'Give this Get to my wife, and this Get to my slave', and the giver died - we do not give them posthumously; 'Give 100 Zuz to Peloni', - we give it posthumously;

(j) Answer: We are only listing similarities which do not apply to other documents.

1. (Ravin): A dying man that said 'Write and give 100 Zuz to Peloni', we do not give it posthumously - perhaps he only wanted to give the gift through a document, and a document cannot be given posthumously.

(k) Question #2A: Gitin of divorce and of freedom are similar regarding Lishmah!

1. This is not difficult according to Rabah - we said that they are the same regarding saying 'it was written and signed in front of me', which is because they must be written Lishmah!
2. It is difficult according to Rava.

(l) Question #2B: Both according to Rabah and Rava, why did the Beraisa omit saying that neither can be written while attached to the ground?
(m) Answer (To 2A and 2B): We are only listing Rabbinically disqualified Gets, not those invalid mid'Oraisa.
(n) Objection But Gitin signed in the courts of non-Jews are invalid mid'Oraisa, and this was taught!
(o) Answer: The case is, there were Jewish witnesses that saw them handed over, according to R. Elazar, who says that a Get is empowered by the witnesses that saw it given. (Therefore, they are only invalid mid'Rabanan.)