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1) WHEN WE ASSUME THAT SOMEONE WAS EXECUTED

(a) Question (Abaye): But a Beis Din of Yisrael may find reason to declare him innocent!
(b) Answer (Rav Yosef): It is not common to find that he is innocent after there was already a verdict that he was guilty, we are not concerned for this.
(c) Suggestion: The following supports Rav Yosef.

1. (Mishnah): If 2 witnesses say that Ploni was sentenced to die, and they name the Beis Din and witnesses who convicted him, we kill Ploni.

(d) Rejection: Perhaps the case of one who fled is different.
(e) (Beraisa): Someone heard a Beis Din of Yisrael say that Ploni (will) die or be killed - we can permit his wife to remarry;

1. If he heard Nochri executioners saying this, we do not permit her to remarry.

(f) Question: What is meant by 'He (will) die or be killed'?

1. Suggestion: He already died or was killed.
2. Rejection: If so, his wife should be permitted to remarry even if a Nochri executioner said this!

i. Anyone that mentions someone's death, unaware of the implications, we rely on this to permit his wife to remarry!

(g) Answer #1: Rather, it means that Ploni's sentence is that Beis Din will cause his death, or will directly kill him.

1. In such a case, by a Beis Din of Yisrael, we permit his wife to remarry - this shows, we are sure he was killed!
2. Answer #2: Really, it means that he already died or was killed.

i. Even though anyone that mentions someone's death, unaware of the implications, we rely on this to permit his wife to remarry, we do not rely on the words of a Nochri executioner.
ii. This is because Nochrim pride themselves that they judged properly, and are prone to lie!]

(a) (Mishnah): Reuven appointed Shimon to give a Get within Eretz Yisrael. Shimon got sick - Shimon can appoint a messenger to give the Get.

1. If Reuven told Shimon to receive something from his wife when he gives the Get, Shimon may not make a messenger - we assume, Reuven does not want his deposit to be in the hands of others.

(b) (Gemara - Rav Kahana): The Mishnah is a case when the messenger got sick.
(c) Objection: This is obvious, the Mishnah says so explicitly!
(d) Answer: One might have thought, the law applies even if he did not get sick; the Mishnah only gives a normal case - we hear, this is not so.
(e) Question: What did Reuven tell Shimon?

1. Suggestion: If he said, 'Take this Get' - even if Shimon did not get sick, he may make another messenger!
2. Suggestion: If he said, 'You take this Get' - even if Shimon got sick, he cannot make another messenger!
3. Suggestion: If the Mishnah is as R. Shimon ben Gamliel - even if Shimon got sick, he cannot make another messenger!

i. (Beraisa): Reuven told Shimon, 'Take this Get to my wife' - Shimon may make another messenger;
ii. If he said, 'You take this Get' - Shimon cannot make another messenger;
iii. R. Shimon ben Gamliel says, in either case, he cannot make another messenger.

(f) Answer #1: In our Mishnah, Reuven said 'Take this Get'; the Beraisa gives the law when Shimon got sick.
(g) Answer #2: In our Mishnah, Reuven said 'You take this Get'; the Beraisa gives the law when Shimon is healthy, the law is different when he falls sick.
(h) Answer #3: Our Mishnah is as R. Shimon ben Gamliel; the Beraisa gives the law when Shimon is healthy, the law is different when he falls sick.
(i) (Mishnah): Reuven appointed Shimon to give a Get within Eretz Yisrael. Shimon got sick - Shimon can appoint a messenger to give the Get.

1. Contradiction (Mishnah): Reuven told 2 people 'Give a Get to my wife', or he told 3 people 'Write and give a Get to my wife' - they must write and give by themselves, they cannot appoint someone else.

(j) Answer #1 (Abaye): In that Mishnah, they cannot make another messenger because the husband is insistent that they do it themselves - he does not want word to spread that he does not know to write a Get himself.

1. In our Mishnah, the husband does not care if his messenger gives the Get personally.

(k) Answer #2 (Rava): In that Mishnah, they cannot make another agent, because Mili (mere words without an object) cannot be passed from agent to agent;

1. In our Mishnah, the husband handed over a Get to his agent, so the agent can make another agent.

(l) Question: What practical difference is there between Abaye's answer and Rava's?
(m) Answer: If Reuven asked agents to write a document to give a gift.

1. Abaye will hold as Rav, who says this is not as asking them to write and give a Get (the giver is not expected to write the document himself, there is no embarrassment if someone else writes it) - they may make another agent.
2. Rava holds as Shmuel, who says it is as asking to write a Get (this is also Mili, they cannot appoint another agent).

(n) (Mishnah): If he said, 'Take my object from her (when you give the Get)'...
(o) (Reish Lakish): In our Mishnah, Rebbi taught us that one who borrows or rents an object may not lend or rent it to someone else.
(p) (R. Yochanan): Everyone knows that! Rather, Rebbi taught that sometimes, this disqualifies the Get (if the agent makes another agent to give the Get and take the object).

1. It is as if he told his agent, 'Only divorce her in the house', and the agent divorced her in the attic; 'Only divorce her using the right hand', and he divorced her using the left hand.

(q) Reish Lakish and R. Yochanan agree, if she gave him the object before he gave the Get, the Get is valid.

1. They argue when he told his agent 'Take the object, then give the Get', and the agent gave the Get before she gave the object.
2. (R. Yochanan): Even if the original agent did this, the Get is invalid - all the more so, if the agent made a second agent (Rashi - and the second agent gave the Get before getting the object; Tosfos - even if the second agent gave the Get after getting the object).
3. (Reish Lakish): Even if the second agent did this, the Get is valid - all the more so, if the first agent did so. (The husband was not particular about the order of giving and receiving.)

(a) (Mishnah): Shimon is a messenger to bring a Get from abroad; he got sick. He makes a second messenger in front of a Beis Din, and says 'It was written and signed in front of me.'

1. The last messenger need not make a declaration when he gives the Get; he merely says 'I am an agent of Beis Din'.

(b) (Gemara) Version #1: Rabanan asked Avimi the son of R. Avahu to ask R. Avahu if the second agent can make another agent.

1. Avimi: That is obvious! Since the Mishnah says, the last messenger (need not make a declaration), we see that he can make another agent!
2. Avimi: Rather, you should ask, when the second agent appoints a third agent, must he do this in Beis Din.
3. Rabanan: Clearly, he must! The Mishnah says, the last messenger says 'I am an agent of Beis Din'.

(c) Version #2 (Rav Nachman bar Yitzchak): Rabanan asked Avimi the son of R. Avahu to ask R. Avahu: when the second agent appoints a third agent, must he do this in Beis Din?

1. Avimi: You should ask if the second agent can make a third agent!
2. Rabanan: Clearly, he can! The Mishnah says, the last messenger (need not make a declaration), we see that he can make another agent!

i. We only are unsure if this must be done in Beis Din.

3. Avimi: That is obvious! Since the Mishnah says, the last messenger must say, I am an agent of Beis Din, we see that he must be appointed in Beis Din.

(d) (Rabah): An agent to give a Get within Eretz Yisrael can make several agents (i.e. he can make a second agent, who can make a third...).
(e) (Rav Ashi): If the first agent dies, the later agents cease to be agents.

1. (Mar bar Rav Ashi): My father said this in his youth (i.e. it is wrong).

i. If the husband would die, the mission is void - all are agents of the husband.
ii. Therefore, as long as the husband is alive, they are all valid agents!

(f) Reuven appointed Shimon to give a Get to Reuven's wife.

1. Shimon: I do not recognize your wife!
2. Reuven: Give the Get to Aba bar Minyomi - he knows my wife, he will give it to her.
3. Shimon did not find Aba bar Minyomi - he found R. Avahu, R. Chanina ben Papa, and R. Yitzchak Nafcha. They told him to make his declaration and give them the Get, they will give it to Aba bar Minyomi.
4. (Rav Safra): But Shimon was not an agent to divorce, he does not stand in place of the husband, he cannot make an agent other than what Reuven told him to.

i. The other 3 Chachamim were embarrassed that they did not think of this.

(g) Version #1 (Rava): Rav Safra outsmarted 3 ordained sages.
(h) Objection (Rav Ashi): He did not outsmart them! Reuven did not say that only Aba bar Minyomi can divorce her - Shimon also had the power to divorce her!
(i) Version #2 (Rava): Rav Safra seemingly outwitted 3 ordained sages, but in truth, he was wrong.
(j) Question: (Rav Ashi): What was his mistake?
(k) Answer: Reuven did not say that only Aba bar Minyomi can divorce her - Shimon also had the power to divorce her!
(l) Reuven made Shimon an agent to divorce his wife after 30 days. During the 30 days, a problem arose, and Shimon would not be able to give the Get after 30 days.

1. Rava: The Mishnah allows an agent that fell sick to make another agent because he cannot do his mission himself - the same applies here!
2. Rava: Make your declaration; after 30 days we will appoint an agent to give the Get.
3. Rabanan: But right now, Shimon is not authorized to divorce!
4. Rava: Since he is authorized to divorce after 30 days, it is as if he is authorized to divorce now.
5. Objection: We should be concerned, perhaps Reuven appeased his wife (as we see from the following)!

i. (Mishnah): Reuven told his wife: This is your Get, to take effect now, on condition that I do not return within 12 months; Reuven died within 12 months - the Get is valid.
ii. Question: We should be concerned, perhaps Reuven appeased his wife (and nullified the Get)!
iii. Answer (Rabah bar bar Chanah): The case is, he said that she is believed to say that he did not.

6. Rava was embarrassed (for having overlooked this).
7. Later, it became known that Reuven's wife was only engaged.

i. Rava: We only saw that we are concerned that a man will appease a wife fully married to him; we have no source to say he will appease an engaged wife!