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1) MUST DESIRE TO CANCEL A GET BE MADE EXPLICIT?

(a) Gidal bar Re'ilai sent a Get to his wife; she was weaving when the messenger came, she told him to return the next day.

1. When Gidal heard of this, he said 'Blessed is Hash-m who is good and does good'!
2. Abaye: He blessed Hash-m, but the Get was not cancelled.
3. (Rava): The blessing shows that he wanted to cancel the Get, and it is cancelled!
4. They argue whether showing desire to cancel a Get cancels the Get.

i. Rava says that it does; Abaye says it does not.

(b) (Rava): We see that Rav Sheshes held that it cancels the Get.

1. Rav Sheshes forced a man to (make agents to) divorce his wife. The man (lied and) told the agents that Rav Sheshes told them to cancel the Get; Rav Sheshes required them to write another Get (because the man showed that he wanted to cancel the Get, the first Get was cancelled).

(c) Rejection (Abaye): Rav Sheshes cannot cancel another man's Get!

1. Rather, the man cancelled his own Get; he said this in the name of Rav Sheshes, so they would not whip him.

(d) (Abaye): We see that Rav Yehudah held that desire to cancel a Get does not cancel it.

1. Rav Yehudah forced the son-in-law of R. Yirmeyah Bira'ah to divorce his wife; the man cancelled the Get. He forced him again and again, and he cancelled it each time.
2. The last time, he told the agents to stuff gourds in their ears (so they will not hear him canceling it).

i. Even though they see him pursuing them to cancel it, the Get is valid!

(e) Rejection (Rava): It is not clear why he runs - it could be, he wants them to give it quickly! (But if it would be clear, the Get would be void).
(f) (Abaye): We see that Shmuel held that it does not cancel a Get.

1. A man told his wife: This Get should take effect if I do not return in 30 days.
2. The man was returning; the ferry to cross the river was not available. He shouted: See - I am returning!
3. Shmuel: That does not count as returning; the Get takes effect.

(g) Rejection (Rava): The man did not intend to cancel the Get - he intended to fulfill his condition (which would prevent the Get from taking effect), but he failed.
(h) A man told his engaged wife: This Get should take effect if I do not make Nisu'in within 30 days.

1. On day 30, the man exclaimed - I exerted to make the Nisu'in (but I was unable)!

(i) Question: Is there any reason to say that she is not divorced?

1. Suggestion: If because he was Anus (forced, unable to fulfill his condition) - Ones does not invalidate a Get!
2. Suggestion: If because he revealed desire to cancel the Get - Abaye holds, this does not cancel the Get;

i. (And Rava, who says it does, was forced to say that we do not see desire to cancel the Get, only to fulfill the condition).

(j) A man told his engaged wife: This Get should take effect if I do not make Nisu'in by Rosh Chodesh Adar.

1. The man retracted - I meant Rosh Chodesh Nisan!

(k) Question: Is there any reason to say that she is not divorced?

1. Suggestion: If because he was Anus (he erred) - Ones does not invalidate a Get!
2. Suggestion: If because he revealed desire to cancel the Get - Abaye holds, this does not cancel the Get;

i. (And Rava, who says it does, was forced to say that we do not see desire to cancel the Get, only to fulfill the condition).

(l) The Halachah follows the opinion of Rav Nachman, that a Get may be cancelled in front of 2 people;
(m) The Halachah follows the opinion of Rav Nachman, that the Halachah is like Rebbi in both cases;

(n) The Halachah follows the opinion of Nachmani (Abaye) [with regard to Giluy Da'ata b'Gita].

(a) (Mishnah): At first, a person would write on a Get the name he was called in the place the Get was written, even if this was different from his name elsewhere.
(b) For the betterment of the world, R. Gamliel the elder enacted that they should write 'Ploni and every name that he has; Plonis and every name that she has'. (Tosfos - all their names would be written in the Get.)
(c) (Gemara - Chachamim of Chutz La'aretz) Question: People that come here from Eretz Yisrael - in one place they are called Yochanan, in the other, Yosef - which name should be written on the Get?
(d) R. Gamliel enacted that they should write 'Ploni and every name that he has; Plonis and every name that she has', for the betterment of the world.
(e) (Rav Ashi): This only applies when he is established to be called by both names.

1. R. Mari and R. Elazar hold like Rav Ashi.
2. Support (Beraisa): Reuven had 2 wives, 1 in Yehudah, 1 in Galil; he is called different names in Yehudah and Galil. If he divorces the wife in Yehudah with the name he uses in Yehudah, and the wife in Galil with his Galil name, they are not divorced;

i. He must divorce the Yehudah wife with his Yehudah name and his Galil name; he must divorce the Galil wife with his Galil name and his Yehudah name.

3. If he went to a different place and divorced with either name, she is divorced.
4. Question: But we said that he must also write his other name!
5. Answer: That is only in a place where he is known to have both names.

(f) There was a woman that was called Miryam; a minority of people called her Sarah.

1. Nehardai: Her Get must say 'Miryam and every name that she has', not 'Sarah and every name that she has'.

(a) (Mishnah): A widow only collects her Kesuvah from the orphan's property by swearing (that she did not already receive her Kesuvah).
(b) Judges refrained from administering the oath; R. Gamliel enacted that she should vow as the orphans desire (to forbid something on herself if she already received her Kesuvah) and then collect.
(c) Witnesses sign a Get - this is an enactment for the betterment of the world.
(d) Prusbul is an enactment for the betterment of the world.
(e) (Gemara) Question: Not only a widow - anyone must swear before collecting from the property of orphans!
(f) Answer: We need to hear the case of a widow.

1. One might have thought, Chachamim would allow a widow to collect without swearing, to encourage marriage - we hear, this is not so.