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.
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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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