POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 21
GITIN 21 - This Daf has been dedicated by Eitan Fish of N.Y., in
memory of his illustrious ancestor Hagaon Rav Yitzchak Blazer
(a.k.a. "Reb Itzele Peterburger," author of "Kochevei Or" and
"Pri Yitzchak"), one of the leading Talmidim of Hagaon Rav
Yisrael Salanter Ztz"l. He passed away 11 Av 5667 (1907) in
Yerushalayim.
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1) GIVING A GET ALONG WITH A SLAVE OR PLOT OF LAND
(a) (Rava): A man wrote a Get, and put it in his slave's
hand. He then wrote a document giving his slave as a
gift, and gave it to his wife. She acquires the slave and
is divorced.
(b) Question: But the slave is (regarding acquisitions as) a
moving courtyard, this does not acquire!
1. Suggestion: Perhaps the case is, he gives her the
slave when the slave is standing still.
2. Rejection: Rava himself taught, any case where a
moving courtyard does not acquire, it does not
acquire even if stationary!
(c) Answer: The case is, the slave is tied up (so he cannot
move).
(d) (Rava): A man wrote a Get, and put it in his courtyard.
He then wrote a document giving the yard as a gift to his
wife. She acquires the yard and is divorced.
(e) Rava had to teach both cases.
1. Had he only taught the case of the slave - one might
have thought, regarding a courtyard, Chachamim
decreed that she is not divorced, lest people think
she is divorced even when he puts the Get in another
man's yard, and that man gives or sells her the
yard. (This does not work, since her husband did not
give the Get to her.)
2. Had he only taught the case of the yard - one might
have thought, regarding a slave, Chachamim decreed
that she is not divorced, lest people think she is
divorced even when he puts the Get in the hand of a
slave that is not tied up.
i. Rava taught both cases, to teach that Chachamim
did not decree in either case.
(f) Question (Abaye): The Torah said that he puts the Get in
her hand; we learn that he may alternatively put it in
her courtyard. Just as she is divorced through (the Get
being put in) her hand with or against her will, she
should be divorced through her courtyard with or against
her will!
1. But receiving the courtyard as a gift (with the Get
in it) is only if she wants!
2. Counter-question (Rav Simi bar Ashi): But she can
make a Shali'ach (agent) to receive her Get, and
this only works if she wants!
3. Answer #1 (Abaye): We do not learn Shelichus from
her hand - we learn it from "v'Shilach/v'Shilchah
(he will send her)", so Shelichus need not resemble
her hand!
4. Answer #2 (Abaye): There is a case of Shelichus
against her will - the father of a minor accepts his
daughter's Get against her will!
2) ON WHAT THE GET MAY BE WRITTEN
(a) (Mishnah): On an olive leaf ...
(b) We understand, when he writes on a slave's hand, he must
give the whole slave - we may not cut off his hand!
21b---------------------------------------21b
(c) Question: When he writes on the horn of a cow - why must
he give the whole cow, let him cut off the horn and give
the horn!
(d) Answer: "He will write...he will give" - the Get must be
fit to give once it is written.
1. If he cuts it off in between, we see that it needed
to be detached between the writing and giving.
(e) (Mishnah): R. Yosi ha'Gelili says...
(f) Question: What is R. Yosi ha'Gelili's reason?
(g) Answer (Beraisa): "Sefer" - one might have thought, only
a Sefer - "And he will write for her" comes to include
writing on anything.
(h) Question: If so, why did the Torah specify "Sefer"?
(i) Answer: Just as a Sefer is not alive and is not a food -
the Get may not be written on something alive or on a
food.
1. Chachamim: Had the Torah said "In a Sefer" - we
would agree; but the Torah says "Sefer" - this
refers to Sefiras (telling) the matter (i.e. that he
is cutting his connection to his wife).
(j) Question: What do Chachamim learn from "And he will
write"?
(k) Answer: That he divorces her through writing, not through
money.
1. One might have thought, we equate divorce to
engagement; just as money can make engagement, it
can make divorce - we hear, this is not so.
2. R. Yosi ha'Gelili learns this from "A Sefer of
cutting" - only a Sefer cuts.
i. Chachamim learn from "A Sefer of cutting" that
the Get must cut them off from each other.
ii. (Beraisa): 'You are divorced on condition that
you will never drink wine, or that you will
never go to your father's house' - this does
not cut them off;
iii. If the condition is only for 30 days, the Get
cuts them off and is valid.
iv. R. Yosi ha'Gelili learns this law from the fact
that the Torah said "Cuttings", not cutting.
v. Chachamim say, the plural form does not warrant
teaching a new law.
3) A GET WRITTEN WHILE ATTACHED
(a) (Mishnah): We do not write a Get on something attached to
the ground; if he wrote it attached, detached it, had
witnesses sign and gave it to her, it is valid;
1. R. Yehudah says, it is only valid if it was written
and signed while detached.
(b) R. Yehudah ben Beseirah says, we do not write on a
parchment that has already been erased; nor on a hide
that has been salted and treated only with flour, but not
with gallnuts, because erasures on such parchments are
not recognizable;
1. Chachamim permit this.
(c) (Gemara) Question: Why does it say, 'if he wrote it
attached' - the beginning of the Mishnah says, we do not
write a Get on something attached!
(d) Answer #1 (Rav Yehudah, R. Elazar, Rabah bar bar Chanah):
The Toref (essential part) must be written detached; if
the Tofes (the standard part which is the same on every
Get) was written attached, the Get is still valid.
1. The Mishnah is as R. Elazar, who says that a Get is
empowered by the witnesses that saw it given.
2. The Mishnah says as follows: we may not write the
Tofes while attached, lest we write the Toref
attached; if the Tofes was written attached, then
the Get was detached and the Toref was written and
the Get was given, it is valid.
(e) Answer #2 (Reish Lakish): The Mishnah explicitly says, if
it was signed after it was detached, it is valid - the
Mishnah is as R. Meir, who says that a Get is empowered
by the witnesses that signed it. (When the Torah said "He
will write the Get", it means he will have witnesses sign
the Get; since detaching did not separate between the
signing and giving, it is valid.)
1. The Mishnah says as follows: we may not write the
Toref while attached, lest we sign the Get attached;
if the Toref was written attached, then the Get was
detached and it was signed and given, it is valid.
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