POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 85
1) MEN TO WHOM SHE IS FORBIDDEN ANYWAY
(a) (Mishnah): 'You are permitted to every man except for my
father', or he excluded his brother, her father or
brother, a slave or Nochri, or anyone she cannot be
engaged to - the Get is valid;
(b) If he excluded a Kohen Gadol (and she is a widow), or a
regular Kohen (she is divorced or a Chalutzah), or a
Yisrael (she is a Mamzeres or Nesinah), or a Mamzer or
Nasin (she is a Bas Yisrael), or anyone to whom she can
be engaged (albeit it is forbidden) - the Get is invalid.
(c) (Gemara) Question: What does the rule of the first clause
(or anyone she cannot be engaged to) come to include?
(d) Answer: Other forbidden relations punishable by Kares.
(e) (Gemara) Question: What does the rule of the latter
clause (or anyone she can be engaged to) come to include?
(f) Answer: Other forbidden relations punishable by a Lav.
(g) Question (Rava): 'Except for Reuven (and he is a minor)'
- what is the law?
1. Do we consider him someone that cannot engage her
(i.e. now)?
2. Or, is he as someone that can engage her (i.e.
later)?
(h) Answer (Rav Nachman - Mishnah): A minor can be divorced
even from a mid'Oraisa marriage.
1. Question: But "Yatzah v'Haysah" equates the laws of
divorce and engagement - a girl that cannot be
engaged (e.g. a minor not in her father's
jurisdiction) cannot be divorced!
2. Answer: A minor is considered engagable because she
can be engaged when she matures.
3. Here also, a minor is considered someone she can be
engaged to.
(i) Question (Rava): 'Except for men that will be born' -
what is the law?
1. Since they are not around yet - the Get is valid;
2. Or - since they will be born, the Get is invalid.
(j) Answer (Rav Nachman - Mishnah): '(Except for) a slave or
Nochri' - even though they may convert (or be freed), the
Get is valid.
(k) Rejection: That is different, for we do not expect them
to convert, but men are standing to be born!
(l) Question (Rava): 'Except for your sister's husband' -
what is the law?
1. Now, she cannot be engaged to him, so the Get is
valid;
2. Or, since she will be permitted to him if her sister
dies, the Get is invalid?
(m) Answer (Rav Nachman - Mishnah): '(Except for) a slave or
Nochri' - even though they may convert (or be freed), the
Get is valid.
(n) Rejection: That is different, for conversion is uncommon,
but death is common.
(o) Question (Rava): 'You are divorced except regarding
extramarital relations' - what is the law?
1. Regarding marriage, he permitted her to everyone
(the Get is valid);
2. Or, since he did not permit (all) relations, it is
invalid.
(p) Answer (Rav Nachman - Mishnah): 'Except for my father or
your father'.
1. Question: Regarding what did he not permit them?
i. Suggestion: If regarding marriage - this cannot
be, she cannot be married to them!
2. Answer: Rather, it is regarding extramarital
relations.
3. Inference: Only by her father or father-in-law, such
a Get is valid - but if extramarital relations were
forbidden with other men, the Get would be invalid.
(q) Rejection: Really, it refers to marriage, if she should
transgress and marry either of them.
(r) Question: 'Except for abnormal relations' - what is the
law?
1. She is fully permitted regarding normal relations;
2. Or, since the Torah equates normal and abnormal
relations, a Get must permit both.
2) OTHER REMNANTS OF MARRIAGE
(a) Question: 'Except for vows (that he should be able to
annul her vows even after he divorces her' - what is the
law?
1. He allows her to marry anyone.
2. Or, "Her husband will confirm her vows, her husband
will annul her vows" - this indicates, he is still
called her husband.
(b) Question: 'Except for Terumah (her husband is a Kohen, he
stipulates that she should be permitted to eat Terumah
after the divorce (Tosfos)) - what is the law?
1. He allows her to marry anyone.
2. Or, "The acquisition of his money" - this shows, she
is still called his wife.
(c) Question: 'Except for my privilege to inherit you if you
die' - what is the law?
1. He allows her to marry anyone.
2. Or, "To his close kin, he will inherit her"- this
indicates, he is still considered her husband.
(d) Question: 'Except for engagement via a document" - what
is the law?
1. She can be engaged through money or relations;
2. Or - since methods of engagement are equated, a Get
must permit all of them.
(e) These questions are unresolved.
3) THE CRUX OF A GET
(a) (Mishnah): The crux of a Get is 'You are permitted to
every man';
85b---------------------------------------85b
(b) R. Yehudah says, 'And this will be for you, from me, a
Sefer of cutting, a letter of abandonment, a Get of
exemption that you may marry any man you want.'
(c) The crux of a Get of freedom is 'You are a free woman',
or 'You are to yourself'.
(d) (Gemara): Obviously, a Get of divorce that says 'You are
a free woman', or a Get of freedom that says 'You are
permitted to every man' is invalid.
(e) Question: If a Get of divorce says 'You are to yourself'
- what is the law?
1. Does he mean, you are entirely to yourself?
2. Or, does he only mean regarding work?
(f) Answer (Ravina - Mishnah): The crux of a Get of freedom
is 'You are a free woman', or 'You are to yourself'.
1. A master owns his slave's body, still 'You are to
yourself' is sufficient for the slave to acquire
himself;
2. A husband does not own his wife's body - all the
more so, this language suffices!
(g) Question (Ravina): A Get of freedom that says 'I have no
involvement in you' - what is the law?
(h) Answer (Rav Chanin - Beraisa): One who sells his slave to
a Nochri - the slave goes free, and needs a Get of
freedom from his original owner;
1. R. Shimon ben Gamliel says, if he wrote his Ono,
this serves as his Get of freedom.
2. Question: What is an Ono?
3. Answer (Rav Sheshes): 'When you flee from (your new
master) I have no involvement in you'.
(i) (Mishnah): R. Yehudah says, 'And this will be for you,
from me, a Sefer of cutting, a letter of abandonment, a
Get of exemption that you may marry any man you want.'
(j) Question: On what do R. Yehudah and Chachamim argue?
(k) Answer: Chachamim hold, a Yad (an abbreviated language)
which is not clear (how to complete it) is a valid Yad
(it is as if he said the full language);
1. Even though he did not write 'And this...', it is
clear that he divorces her through the Get.
(l) R. Yehudah holds, a Yad which is not clear is not a Yad;
1. If he does not write 'And this...', it may appear
that he divorces her verbally, the Get is just for a
proof.
4) THINGS WHICH CAN BE MISCONTSRUED IN A GET
(a) (Abaye): One should not write in a Get 'v'Dein' (and this
is) with a 'Yud', for this might be read as 'v'Din' (the
law says I must divorce you); rather, it should be
written without a 'Yud'.
1. One should not write 'Igeres (a letter)' with a
'Yud', for this might be understood as a language of
a roof; rather, it should be written without a
'Yud'.
2. One should not write 'Limehach (it will be) with a
'Yud', for this might be read as 'Li Mihach' (the
Get will be to me), nor 'Limchach' (as a joke).
3. 'd'Yishaviyain' and 'd'Yisyatzviyain' should each be
written with 3 'Yud'im' (to connote 'that you will
be engaged, that you will want).
4. One should make the letter Vov extra long in
'Tiruchin (cutting)' and 'Shevukin (abandonment) -
if the Vov would be mistaken for a 'Yud', this would
refer to Gitin in general, not specifically for his
wife).
5. One should make the Vov extra long in 'd'Chado (that
when)' - if it would be mistaken for a 'Yud', this
would imply that he divorces her 'Chedi' (without
anything).
6. One should not write 'Le'isnasva' lest it be read
'Lo Yisnasva', rather, 'Lehisnasva' (to marry).
(b) Question: Must one write 'And this...'?
(c) Answer: Rava enacted that a Get should say 'Peloni...cuts
off Pelonis...from this day and forever' - he did not
mention 'And this...'!
(d) Rejection: He did not mention other things that must be
in the Get - likewise, he did not mention 'And this...'.
(e) Rava enacted that the Get should say 'From this day' -
unlike R. Yosi, who says that the date on a document
itself proves that it takes effect that day.
(f) He enacted 'Forever' so people will not think that the
divorce was only temporary.
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