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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 19
GITIN 19 & 20 - have been anonymously dedicated by a very special
Marbitz Torah and student of the Daf from Ramat Beit Shemesh,
Israel.
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1) A GET SIGNED AFTER IT WAS WRITTEN
1. Question: But Reish Lakish said, R. Shimon only
permits when they sign that night - if they sign
during the next 10 days, it is invalid!
2. Answer: Regarding that law, R. Yehoshua ben Levi
holds as R. Yochanan (that if they sign within 10
days, it is valid).
3. Question: But R. Yochanan says, only 2 are
witnesses, the rest may sign at any time!
4. Answer: Regarding that, he holds as Reish Lakish.
2) WHAT MAY BE USED TO WRITE A GET
(a) (Mishnah): We may write with anything - with ink, yellow
die, red lead, sap, vitriol or any die that lasts;
1. We may not write with drinks, fruit juice or
anything that does not last.
(b) We may write on anything - on an olive leaf, on a cow's
horn or a slave's hand (and he must give her the cow or
slave);
1. R. Yosi ha'Gelili says, we may not write on
something living, nor on food.
(c) (Gemara) Question: 'Any die that lasts' - what does this
include?
(d) Answer: As R. Chanina taught - if he wrote with water in
which gallnuts were soaked or with gallnut juice, the Get
is valid.
(e) (R. Chiya): If he wrote with lead, coals, or vitriol, the
Get is valid.
(f) (R. Yochanan and Reish Lakish): If one writes with black
ink over red dye on Shabbos, he is liable for writing and
for erasing;
1. If he writes with black ink over black ink, or red
dye over red dye he is exempt;
2. If one writes with red dye over black ink - some say
he is liable, some say he is exempt.
i. Some say he is liable - he erases (covers) what
was written.
ii. Some say he is exempt - he ruins the writing.
3) WITNESSES WHO DO NOT KNOW HOW TO SIGN
(a) Question (Reish Lakish): If witnesses do not know how to
sign their names - may we write their names in red dye,
and they will write over this in blank ink?
(b) Answer (R. Yochanan): No.
(c) Question (Reish Lakish): But you taught us, regarding
Shabbos, the top writing is considered writing!
(d) Counter-question (R. Yochanan): Should we act relying on
our estimation?!
(e) (Rav) Witnesses that do not know how to sign their names
- we scratch outlines of the letters of their names on a
blank paper, and they put ink within the outlines.
(f) (Shmuel): We write their names with lead; they write over
our writing.
1. Question: But R. Chiya taught, writing with lead is
a valid writing (so writing on top of this is not
called writing)!
2. Answer: R. Chiya spoke of writing with water in
which lead was soaked; Shmuel spoke of scratching
the paper with lead.
(g) (R. Avahu): We write their names with water in which
gallnuts were soaked.
1. Question: But R. Chanina taught, writing with water
soaked in gallnuts or gallnut juice is a valid
writing (so writing on top of this is not called
writing)!
2. Answer: R. Chanina spoke of writing on paper that
was not treated with gallnuts; R. Avahu spoke of
when the paper was treated with gallnuts.
i. In this latter case, the writing is invalid,
for writing with gallnuts does not show up on
paper treated with gallnuts.
(h) (Rav Papa): We write the witnesses' names in saliva.
1. A case occurred; Rav Papa used saliva to enable Papa
Turah to sign.
2. All these leniencies are only by Gitin, not by other
documents.
i. Someone helped the witnesses sign in such a
manner by a monetary document, and Rav Kahana
excommunicated him.
19b---------------------------------------19b
(i) Support (for Rav - Beraisa): Witnesses that do not know
how to sign their names - we scratch outlines of the
letters of their names on a blank paper, and they put ink
within the outlines;
1. R. Shimon ben Gamliel says, this is only by Gitin of
women, but by Gitin of freedom and other documents,
if the witnesses can read and sign, they sign; if
not, they may not sign.
2. Question: Why does R. Shimon ben Gamliel mention
being able to read - the first Tana did not deal
with this!
(j) Answer: The Mishnah is abbreviated; it should read
thusly: Witnesses that do not know how to read - we read
the document aloud for them; if they do not know how to
sign ...;
1. R. Shimon ben Gamliel says, this is only by Gitin of
women, but by Gitin of freedom and other documents,
if the witnesses can read and sign, they sign; if
not, they may not sign.
2. (R. Elazar): R. Shimon ben Gamliel's holds that we
are lenient by Gitin of women, to facilitate divorce
(so women should not be held back from remarrying
because the witnesses do not know how to sign).
(k) (Rava): The law is as R. Shimon ben Gamliel.
(l) (Rav Gamda, citing Rava): The law is not as R. Shimon ben
Gamliel.
(m) Question: Can he mean, the law is as Chachamim? But
someone helped the witnesses sign in such a manner by a
monetary document, and Rav Kahana excommunicated him!
(n) Answer: The law is not as R. Shimon ben Gamliel regarding
reading, i.e. if the witnesses can sign but cannot read,
we read the document aloud for them, even by other
documents.
(o) Rav Yehudah was paining himself to read a document.
1. Ula: Why struggle? R. Elazar is the greatest Chacham
of Eretz Yisrael, and they read documents before him
and he signs; Rav Nachman has a judge's scribe read
before him, and he signs;
i. (Relying on 1 person reading) is only permitted
by a judge's scribe, not any scribe; and only
regarding someone as Rav Nachman (who was
appointed by the Exilarch, who was his
father-in-law), not any Chacham.
(p) When a Persian document written by the Nochri courts
would come before Rav Papa, he would have 2 Nochrim read
the document before him, in different rooms, unaware of
why he wanted them to read it;
1. He would then accept the document, and use it to
collect even from mortgaged property.
(q) (Rav Ashi): A Persian document signed by Yisraelim - we
use it to collect even from mortgaged property.
1. Question: But the witnesses do not know how to read
it!
2. Answer: The case is, they know.
3. Question: But we require unforgable (unerasable)
writing!
4. Answer: The paper was treated with gallnuts (so the
writing cannot be erased).
5. Question: But the last line of the document must
summarize the document!
6. Answer: It does.
7. Question: If so - what is Rav Ashi teaching us? That
a document may be in any language? A Mishnah teaches
this!
i. (Mishnah): A Get written in Hebrew, and the
witnesses signed in Yevanis, or vice-versa, is
valid.
8. Answer: If from the Mishnah, one might have thought
that we only allow this by Gitin - Rav Ashi teaches,
we allow it by all documents.
4) CASES WHEN WE ARE CONCERNED THAT A GET MAY HAVE BEEN GIVEN
(a) (Shmuel): A man gave his wife a blank paper, and said
'Here is your Get' - she is divorced, we are concerned,
perhaps he wrote it with water soaked in gallnuts (which
later disappears).
(b) Question (Beraisa): A man told his wife, 'Here is your
Get'. She took it and destroyed it; the husband then said
that it was an invalid monetary document - she is
divorced, the husband is not believed to forbid her to
remarry.
1. We only say that she may remarry, because the paper
had writing on it - if not, she would be forbidden!
(c) Answer: Shmuel only said that she is divorced when we
check the paper with a special dye that makes the writing
reappear; if it does not reappear, she is not divorced.
(d) Question: But when she received it, the writing was not
there!
(e) Answer: Shmuel only said, we are concerned (she is
doubtfully divorced, perhaps the writing had not fully
faded and the Get was still legible when she received
it).
(f) (Ravina): The 2 witnesses in front of whom a Get is
given, they must read it.
(g) Question (Beraisa): A man told his wife, 'Here is your
Get'. She took it and destroyed it; the husband then said
that it was an invalid monetary document - she is
divorced, the husband is not believed to forbid her to
remarry.
1. If the witnesses must read the Get, how could he
claim it was an invalid monetary document?!
(h) Answer: After the witnesses read it, he stuck it up his
sleeve, and then gave it to her.
1. One might have thought, we are concerned, perhaps he
switched it and gave her a different paper - we
hear, this is not so.
(i) A man threw a Get to his wife among barrels; only a
Mezuzah was found.
1. Rav Nachman: A Mezuzah is not generally found among
barrels - surely, he threw there a Mezuzah, she is
certainly not divorced.
i. But if 2 or 3 Mezuzos were found, just as the
others were there from before, perhaps all were
there from before, we are concerned that he
threw her a Get, and mice took it.
(j) A man entered a synagogue, took a Sefer Torah, gave it to
his wife, and said that it is her Get.
1. Rav Yosef: Is there any reason to be concerned (that
this may be a Get)?
i. Suggestion: Perhaps he wrote a Get in water of
gallnuts in the margin, and now we cannot see
it.
ii. Rejection: A Sefer Torah is treated with
gallnuts - such writing would never have been
legible on the parchment.
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