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POINT BY POINT SUMMARY

Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Gitin 32

GITIN 32 (16 Adar) - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of his father, Reb Pinchas ben Reb Avraham Yitzchak, on the day of his Yahrzeit.

1) THE EAST WIND

(a) Answer #2 (Rav Yosef): It causes even a peg in the wall to soften.
(b) Answer #3 (Rav Acha bar Yakov): Even a reed woven into a wicker basket softens.
***** PEREK HA'SHOLE'ACH *****

2) SINCERITY WHEN CANCELLING A GET

(a) (Mishnah): Reuven appointed Shimon to give a Get to Reuven's wife. Reuven found Shimon and told him that the Get is void, or sent someone to tell him this - the Get is void;
(b) If Reuven told his wife, himself or via a messenger, that the Get is void - it is void.
1. If she already received the Get, Reuven cannot invalidate it.
(c) At first, a husband that wanted to invalidate a Get would assemble a Beis Din and declare before them that it is void; for the betterment of all the world, R. Gamliel enacted that this should not be done.
(d) (Gemara): The Mishnah does not say, Reuven caught up to Shimon, rather, he chanced upon him; still, we say that the Get is invalid, and Reuven is not merely saying this to pain his wife.
(e) Question: Why must the Mishnah also teach the case when Reuven had a messenger tell Shimon that the Get is void?
(f) Answer: One might have thought, the second agent (to invalidate the Get) is no stronger than the first agent, and the Get remains valid - we hear, this is not so.
(g) Question: Why must the Mishnah teach the case when Reuven told his wife before she received it?
(h) Answer: One might have thought, only when he tells Shimon, then we say that the Get is truly void; but when he tells his wife, surely his intent is only to pain her, not to invalidate it;
1. We hear, this is not so (in either case it is void).
(i) Question: Why must the Mishnah teach the case when Reuven had a messenger tell his wife?
(j) Answer: One might have thought, Reuven himself would not bother to find his wife and tell her, just to pain her; but he is not concerned for the exertion of a messenger, and would make a messenger just to pain her;
1. We hear, this is not so (in either case it is void).
(k) (Mishnah): If she already received the Get, Reuven cannot invalidate it.
(l) Question: This is obvious!
(m) Answer: The case is, we know that he was pursuing Shimon to invalidate it.
1. One might have thought, this reveals that retroactively, the Get is void - we hear, this is not so.
3) LANGUAGES OF CANCELLING A GET
(a) (Beraisa): If Reuven said 'It is Batel (void)' or 'I do not want it', his words take effect; 'It is Pasul (invalid)' or 'It is not a Get' - his words have no effect.
(b) This implies that 'It is Batel' means it should be void.
1. Question: But Rabah bar Avuha taught, one who received a gift and then said 'The gift is Mevuteles (voided)' or 'It should be void' or 'I do not want it', his words do not take effect; 'It is Beteilah (void)' or 'It is not a gift' - his words take effect!
i. We see, 'Batel' implies, it was void from the beginning!
2. Answer (Abaye): 'Batel' has both connotations - from the beginning, or it should be void.
32b---------------------------------------32b

i. Regarding a Get, he means the latter, for this works (to stop the divorce); regarding a gift, he means the former, for that works (to undo the gift).
(c) (Abaye): A messenger to give a gift is like a messenger to give a Get.
1. This teaches that if the sender says 'Bring', he does not mean that the messenger should acquire on behalf of the recipient.
(d) Question (Ravina): If the husband only says 'Batel' - what is the law?
1. This question is unresolved.
(e) (Rav Sheshes): 'This Get will not work', or 'It will not permit/abandon/send/or divorce'; 'It should be pottery/as pottery (i.e. worthless)' - he words take effect;
(f) 'This Get does not work', or 'It does not
permit/abandon/send/or divorce'; 'It is pottery/as pottery' - he words do not take effect.
(g) Question: 'Behold, it is pottery' - what is the law?
(h) Answer (Ravina): This is just like 'Behold, this is Hekdesh or Hefker' (which means, it should now become so - also by Get, it means this, and his words take effect).
4) HOW DOES THE HUSBAND CANCEL IT?
(a) Question: Reuven appointed Shimon to give a Get, and canceled it - can Reuven later use the Get?
(b) Answer #1 (Rav Nachman): Yes, he can.
(c) Answer #2 (Rav Sheshes): He cannot.
1. The law follows Rav Nachman's opinion.
2. Question: But R. Yochanan said that a woman that accepted engagement to take effect after 30 days, she can retract - and the law follows R. Yochanan's opinion! (Here also, the Get should become void!)
3. Answer: There, her initial acceptance was mere words, so her latter words nullify her initial words;
i. Here, the husband nullifies the appointment of the messenger - but a Get itself (which is more than mere words) does not become void!
(d) (Mishnah): At first, a husband would assemble a Beis Din...
(e) Question: In front of how many men must he nullify the Get?
(f) Answer #1 (Rav Nachman): In front of 2.
(g) Answer #2 (Rav Sheshes): In front of 3.
1. Rav Sheshes says 3, because the Mishnah says, he would assemble a Beis Din.
2. Rav Nachman holds, 2 people are also considered a Beis Din.
(h) Support (Rav Nachman - Mishnah): 'I hand over to you judges, Ploni and Ploni (the judges on the Beis Din for Prusbul).
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