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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 17
GITIN 17 - Marcia and Lee Weinblatt of New Jersey have dedicated
this Daf in memory of Marcia's mother, Esther Friedman (Esther
Chaya Raizel bat Gershom Eliezer) and father, Hyman Smulevitz
(Chaim Yisochar ben Yaakov).
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1) 2 MESSENGERS WHO BRING A GET
1. While they were talking, 2 Persians took their lamp.
Rabah bar bar Chanah beseeched Hash-m - 'If we do
not merit to be under your protection, please let us
be under the Edomites!
2. Suggestion: This implies, the Edomites are better
than the Persians.
3. Question: But R. Chiya taught, "Hash-m understood
its way, he knew its place" - Hash-m knew that
Yisrael could not endure the decrees of the
Edomites, so he exiled us to Bavel.
4. Answer: It was better to be in Bavel until the
Persians came.
(b) (Mishnah): 1 says 'it was written in front of me', 2 say
'it was signed in front of us' - it is valid.
(c) Version #1 (R. Ami , citing R. Yochanan): It is only
valid when the one saying 'it was written in front of me'
was a messenger to give the Get, for then it is as if we
have 2 testifying to the writing and 2 testifying to the
signing;
1. But if the ones saying 'it was written in front of
us' are the messengers, it is invalid.
2. We infer, he holds that 2 messengers that bring a
Get must make a declaration.
(d) Question (R. Asi): The previous case of the Mishnah says,
2 say 'it was written in front of us', 1 says 'it was
signed in front of me' - it is invalid, R. Yehudah says
it is valid;
1. Will you say that Chachamim disqualify it even when
both men that saw it written are holding the Get?
(e) Answer (R. Ami): Yes.
(f) Version #2 (R. Ami, citing R. Yochanan): Even when the
ones saying 'it was written in front of us' are the
messengers, it is valid.
1. We infer, he holds that 2 messengers that bring a
Get need not make a declaration.
(g) Question (R. Asi): The previous case of the Mishnah says,
2 say 'it was written in front of us', 1 says 'it was
signed in front of me' - it is invalid, R. Yehudah says
it is valid;
1. Will you say that Chachamim only disqualify it the
men that saw it written are not holding the Get, but
if they were holding it, it would be valid?
(h) Answer (R. Ami): Yes.
(i) Objection (R. Asi): But another time, you said
differently!
(j) Answer: (R. Ami): This latter version is the correct one.
2) THE DATE ON A GET
(a) (Mishnah): A Get was written by day and signed by {the
same) day; or, it was written by night and signed by day;
or it was written by night and signed by night - it is
valid.
(b) If it was written by day and signed by night, it is
invalid;
1. R. Shimon says, it is valid; he says, any document
written by day and signed by night, is invalid,
except for a Get of divorce.
(c) (Gemara) Question: Why was it enacted to put the date on
a Get (of divorce)?
(d) Answer #1 (R. Yochanan): Lest a husband fraudulently save
his wife from being killed for adultery by giving her a
dateless Get (after she sinned);
1. In such a case, Beis Din would not know when the
divorce happened, and could not kill her.
2. Sometimes a man would have enough compassion to save
a wife that betrayed him, e.g. if he married his
niece.
(e) Answer #2 (Reish Lakish): So she will be able to prove
from when the fruits of her possessions belong to her,
i.e. the day he finished writing the Get.
(f) Question: Why didn't Reish Lakish learn as R. Yochanan?
17b---------------------------------------17b
(g) Answer: Adultery is not common.
(h) Question: Why didn't R. Yochanan learn as Reish Lakish?
(i) Answer: He holds, the husband eats the fruits until the
Get is given.
(j) We understand, according to Reish Lakish, why R. Shimon
says that even if the Get was signed the following night
(so the date is 1 day too early), it is valid (he holds,
the husband forfeits the fruits from when he writes the
Get, even if not yet signed).
1. Question: According to R. Yochanan, what is R.
Shimon's reason?
2. Answer: R. Yochanan admits that according to R.
Shimon, the date on a Get is on account of the
fruits; he argues according to Chachamim.
(k) According to R. Yochanan, we understand the argument
between R. Shimon and Chachamim.
1. Question: According to Reish Lakish, on what do they
argue?
2. Answer: R. Shimon holds that from the writing of the
Get until it is signed, the fruits belong to her;
Chachamim say, to him.
(l) Contradiction: But R. Yochanan and Reish Lakish elsewhere
hold opposite to their positions here!
1. (R. Yochanan): A wife receives the fruits of her
land from the day her husband writes a Get;
2. (Reish Lakish) The fruit is hers from the day he
gives it.
(m) Answer: Those opinions were recorded in error, they
should be switched to match their opinions here.
(n) Question (Abaye - Mishnah): 3 types of Gitin are invalid,
but if a woman remarried after receiving such a Get,
children from the new marriage are Kesherim (one of them
is a Get without a date) - what did the enactment to put
a date on the Get accomplish?
(o) Answer (Rav Yosef): l'Chatchilah, she may not get married
with such a Get.
(p) Question: If he will cut off the date and give her the
Get - the enactment does not help!
(q) Answer: We are not concerned for such swindlers.
(r) Question: If the Get does not specify the day, only which
Shemitah cycle (within the Yovel cycle), or the year, or
the month, or the week - what does the enactment help (if
the adultery was during that period, we do not know which
came first, we cannot kill her!)
(s) Answer: If she had adultery in the previous period, she
will be killed; regarding fruits, she receives them from
the beginning of the next period.
1. Even when the day is specified on the Get, we do not
know if it was in the morning or afternoon! We must
say, the date helps if she had adultery on a
previous day, she will be killed; and she receives
the fruits from the beginning of the next period
2. Similarly, when the Get only specifies the Shemitah
cycle or..., it helps for previous/subsequent
Shemitah cycles or...
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