POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 24
GITIN 24 & 25 - 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 WOMAN MAY BRING HER OWN GET
(a) Question: Will Rav Yosef say that the previous Mishnah
deals with a Get from Chutz La'aretz, and also the end of
our Mishnah, but the beginning of our Mishnah deals with
a Get within Eretz Yisrael?!
(b) Answer: Yes - since it says (in the beginning of our
Mishnah) 'The written Get proves that she is not lying' -
it does not say, the Get and her declaration prove.
(c) (Mishnah): A woman can bring her own Get...
(d) Question: She is already divorced once she receives the
Get (why is a declaration needed)?
(e) Answer #1 (Rav Huna): Her husband told her, you are only
divorced when you come before the Beis Din of Ploni.
(f) Objection: Still, once she gets there, she is divorced
from her initial reception of the Get - she is not an
agent, why is there a declaration?
(g) Answer #2 (Rav Huna bar Mano'ach): He told her, when you
get there, put the Get on the floor and take it.
(h) Objection: But that is as (the usual case of) telling her
to take her Get from the floor (i.e. when the husband put
it on the floor);
1. (Rava): A husband told his wife to take her Get from
the floor - she is not divorced.
(i) Answer #3: He told her to be an agent to give the Get;
when she gets there, she should become an agent to
receive the Get, and to take it.
(j) Objection: But she cannot fulfill her mission until she
herself acts on her own behalf - such an appointment is
invalid!
(k) Correction: Rather, he told her to be an agent to give
the Get; when she gets there, she should appoint an agent
to receive the Get.
1. This answer works according to the opinion that a
woman can appoint an agent to receive her Get from
the agent of her husband.
2. Question: According to the opinion that a woman
cannot appoint an agent to receive her Get from the
agent of her husband - how can we answer?
3. Answer: The reason she cannot appoint is because
(presumably) the husband views this as a disgrace,
and did not authorize his agent to give the get to
her agent - here, he said this is what he wants her
to do!
4. This works according to the opinion that the reason
she cannot appoint is because the husband views this
as a disgrace.
i. Question: According to the opinion that the
reason is that Chachamim decreed, because this
resembles purchasing a courtyard in which the
husband put the Get (which is invalid) - how
can we answer?
ii. Answer #1: Rather, he told her to be an agent
to give the Get; when she gets there, she
should appoint an agent to give the Get back to
her.
iii. Answer #2: He told her to be an agent to give
the Get; when she gets there, she should make
the declaration, and appoint Beis Din as an
agent to give the Get back to her.
***** PEREK KOL GET *****
2) A GET THAT IS NOT LISHMAH
(a) (Mishnah): Any Get that was not written for a particular
woman is invalid.
1. A man overheard scribes saying the words of a Get as
they wrote it. The names on the Get were the same as
his and his wife's names - this is invalid.
2. Even further - Reuven wrote a Get for his wife, then
decided not to divorce her. He found another man in
his city with the same name, and their wives had the
same names - the second man may not use it.
24b---------------------------------------24b
3. Even further - Reuven had 2 wives with the same
name. He wrote a Get for the older wife - he cannot
use it to divorce the younger wife.
4. Even further - Reuven told a scribe to write a Get
for one of his wives, later he will decide which one
- he cannot use it to divorce either wife.
(b) (Gemara) Question: The Mishnah says, 'Even further -
Reuven wrote a Get for his wife, then decided not to
divorce her' - how does this differ from the first case
in the Mishnah?
(c) Answer (Rav Papa): In the first case deals with scribes
that often write for practice.
1. Support (Rav Ashi): The Mishnah says, the scribes
were calling out the words (to other scribes) - it
does not say, they spoke the words as they wrote
them.
(d) Question: Why is the second case a bigger Chidush?
(e) Answer (Tana d'Vei R. Yishmael): Not only the first case,
where the Get was not written for divorce - but even in
the second case, when the Get was written for divorce, it
is invalid.
1. The third case teaches, even when the Get was
written for that man to divorce his wife, it is
invalid.
2. The fourth case teaches, even when the Get was
written to divorce this wife (just he did not
specificy which one at the time of writing), it is
invalid.
(f) Question: What is the source that all these are invalid?
(g) Answer: Had the Torah only said 'He will give a Sefer of
cutting in her hand', one might have thought, only the
first case is invalid, since it was not written to cut;
but if a man wrote it to divorce his wife, another man
with the same name could use it;
1. The Torah said "He will write (a Sefer of cutting)"
to teach that this is not so. Had the Torah only
written this, one might have thought, the second
case is invalid, since that man did not write it;
but if a man wrote it to divorce one wife, he could
use it to divorce another wife;
2. The Torah said "For her" - it must be written for
her sake. Had the Torah only written this, one might
have thought, the third case is invalid, since he
did not write it for that wife.
3. Question: What does the last case teach?
4. Answer: There is not Bereirah (a person cannot later
specify for whom the Get was written).
(h) (Mishnah): If a man wrote it to divorce his older wife,
he cannot use it to divorce the younger one.
(i) We infer - it is only invalid to divorce the younger
wife, but it can be used to divorce the older wife.
(j) (Rava): We may learn from here, if 2 men in the same city
have identical names, either may present a loan document
and force the borrower to pay him (i.e. the borrower
cannot claim, perhaps I owe the other man with your
name).
(k) Objection (Abaye): If that is a valid inference - from
the previous case (He found another man in his city with
the same name...the second man may not use it) - we
should infer, the second man may not use it, but the
first man may. (And we should learn, if 2 men in the same
city have identical names, a lender may present a loan
document against one of them to pay him.)
1. But we hold, if 2 men in the same city have
identical names, no one may present a loan document
to force one of them to pay him (i.e. the borrower
can claim, I do not owe you, the other man with my
name owes you)!
2. You must say, in the Mishnah, we have witnesses that
saw the Get given (and know which man gave it), and
the Mishnah is as R. Elazar;
i. Also in the third case, we have witnesses that
saw the Get given (and know which wife it was
given for), and the Mishnah is as R. Elazar.
3) IF SUCH A GET WAS GIVEN
(a) (Rav): If any of the Gitin in the Mishnah was given, the
woman becomes disqualified to marry a Kohen, except for
the first case.
(b) (Shmuel): Even if the first case, she is disqualified
from Kehunah.
1. This is consistent with another teaching of Shmuel.
2. (Shmuel): Wherever Chachamim called a Get 'invalid'
- it does not permit her to remarry, but it
disqualifies her from Kehunah;
i. Wherever Chachamim called a Chalitzah 'invalid'
- it does not permit her to remarry, but it
disqualifies her from doing Yibum.
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