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1) WITNESSES REQUIRED FOR DIVORCE

(a) (Mishnah): A woman told a messenger 'Receive my Get for me' - to remarry, she needs 2 pairs of witnesses:

1. 2 witnesses must testify that they heard her command the messenger;
2. 2 witnesses must testify that they saw the messenger receive the Get and tear it up.

i. The same 2 people can be used for both.

3. Or, 3 witnesses may testify - 1 saw the command, 1 saw the reception and tearing, and 1 saw both.

(b) (Gemara) Question: Reuven gave a Get to Shimon. Reuven says, he only asked him to watch it; Shimon says, Reuven told him to give it to Reuven's wife - who is believed?
(c) Answer #1 (Rav Huna): Reuven is believed.
(d) Answer #2 (Rav Chisda): Shimon is believed.

1. Rav Huna believes the husband - if he wanted to divorce his wife, he would have given it himself!
2. Rav Chisda says that Shimon is believed - by Reuven giving him the Get, he trusted him; he gave him the Get for whatever Shimon will say.

(e) Question (R. Aba, against Rav Huna - Beraisa): A plaintiff's admission is as 100 witnesses; the third party (by whom the document was deposited) is believed more than either party in the case.

1. If the 2 parties argue, we go by what the third party says.

(f) Answer: Money matters are different - there, we can say that by trusting him with the document, they forfeited their money.
(g) Question (Beraisa): The same applies to Gitin.
(h) Answer: It means, monetary documents.
(i) Question (Beraisa): The same applies to documents. (So 'Gitin' must refer to documents of divorce!)
(j) Answer: These are 2 separate Beraisos teaching the same thing (monetary documents).
(k) (Mishnah): A woman told a messenger 'Receive my Get for me' - to remarry, she needs 2 pairs of witnesses: 2 that heard her command the messenger, and 2 that saw the messenger receive the Get and tear it up.

1. Question: Why are witnesses needed - why can't we believe the messenger?
2. Answer: He is only believed when he is holding the Get.
3. Question: We understand why she needs witnesses that heard the command; why does she need witnesses that saw him get the Get?
4. Answer (Rava): The Mishnah is as R. Eliezer, who says that a Get is empowered by the witnesses that saw it given.
5. Question: Why would they tear the Get?
6. Answer (Rav Yehudah): This Mishnah was taught when there were decrees (by the Nochrim) forbidding Gitin (and other Mitzvos).

(l) (Rabah): Rav Huna admits, if she says that the messenger told her that he was authorized to give the Get, she is believed.
(m) Objection: It cannot be that the messenger is not believed to say this, but she is believed to say it in his name!
(n) Correction: Rather, if she says that she saw her husband authorize the messenger to give it, she is believed, for she could have said that she received it from her husband (and had she made this latter claim, she would be believed).
(o) (R. Yochanan): Reuven says that he told the messenger to give the Get; the messenger says that he gave it; she says that she received it and lost it - matters involving marriage require 2 witnesses; since we do not have 2 witnesses, we cannot permit her to remarry.
(p) Question: Why can't we believe the messenger?
(q) Answer: He is only believed when he is holding the Get.
(r) Question: Why can't we believe the husband?

1. (R. Chiya bar Avin): A man says that he divorced his wife - he is believed.

(s) Answer: The husband does not know if the Get was given.

(a) Question: Why can't we rely on the Chazakah that a messenger fulfills his mission?

1. (R. Yitzchak): Levi told Shimon 'Engage a woman to me'; Shimon went away and died. Levi is forbidden to marry any woman, because there is a Chazakah that a messenger fulfills his mission (we must be concerned, perhaps Shimon engaged (to Levi) the sister (or another close relative) of whomever Levi wants to marry)!

(b) Answer: We do not rely on the Chazakah to be lenient, only to be stringent.
(c) Question: Why can't we believe Reuven's wife (that she received and lost the Get)?

1. (Rav Hamnuna): A woman that says to her husband 'You divorced me' is believed - it is established, a woman could not be so brazen to lie to her husband about this.

(d) Answer: Here is different, for the messenger supports her - this enables her to lie.

(a) (Mishnah): An engaged Na'arah - she or her father may receive her Get;

1. R. Yehudah says, the Torah never authorizes 2 people for the same mission - only her father may receive it.

(b) Any girl that cannot guard her Get cannot be divorced.
(c) (Gemara): On what do they argue?
(d) Answer: Chachamim say that the Torah gave her an additional way to receive her Get (i.e. through her father); R. Yehudah holds, her own power to receive does not work when in her father's jurisdiction.
(e) (Mishnah): Any girl that cannot guard her Get cannot be divorced.
(f) (Beraisa): A minor can be divorced only if she knows to guard her Get;

1. What is considered knowing to guard her Get? If she guards her Get and something else.

(g) Question: What does this mean?
(h) Answer #1 (R. Yochanan): She guards something else thinking it is her Get.
(i) Objection (Rav Huna bar Mano'ach): That is a lunatic!
(j) Answer #2 (Rav Huna bar Mano'ach): Any girl that can distinguish between her Get and something else.
(k) (Rav Yehudah, citing Rav Asi): A child that will discard a rock but keep a nut - he can acquire for himself, but not for others;

1. If one can deposit an item by him, and he will return it later - he can acquire for himself and for others.

(l) (Shmuel): Both of those children have the same law.
(m) Question: What does Shmuel mean?
(n) Answer (Rav Chisda): Either can acquire for himself, but not for others.
(o) Question (Rav Chinena Vardan (against Rav Chisda) - Mishnah): To make an alleyway considered a shared domain (to allow carrying on Shabbos), one designates a barrel of wine to be for all members of the alley; he has someone acquire on their behalf;

1. The following may acquire: the man's adult son or daughter, his Yisrael male or female slave.
2. Question: What is the case of his female slave?

i. Suggestion: If she brought hairs (and became a Na'arah) - she is free, she is not his slave!

3. Answer: Rather, she is still a minor, and the Mishnah says that she may acquire for others!

(p) Answer: The law of joining an alleyway is Rabbinical, Chachamim were lenient to allow her to acquire, but mid'Oraisa, she cannot acquire.
(q) (Rav Chisda): Rav Chinena was silent.
(r) Question: What could he have said?
(s) Answer: All decrees of Chachamim were patterned on mid'Oraisa laws.