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1) DOCUMENTS TO SELL SLAVES

(a) (Mishnah): The crux of a Get of freedom - 'You are a free woman, you are to yourself.
(b) Rav Yehudah enacted by document of sale of slaves: 'This slave is free from any claims of freedom, partnership, sentence to serve the king, or other owners; he is free of any blemish or boils (that will come) on his face for 2 years, new or old.

1. Question: If boils come - what is the cure?
2. Answer: A feather is used to anoint him with ginger...

(a) (Mishnah): Three types of Gitin are disqualified, but if she remarried, the children are Kosher (not Mamzerim).

1. It is written in the husband's own handwriting, witnesses did not sign it;
2. Witnesses signed it, there is no date on it;
3. It has a date, only 1 witness signed it.

i. By any of these 3 Gitin, if she remarried, the children are not Mamzerim.

(b) R. Elazar says, even if no witnesses signed on it, but it was given in front of witnesses, it is valid, and this suffices to collect from land with a lien on it.

1. This is because witnesses only sign a Get as an enactment to fix the world.

(c) (Gemara) Question: Are there no other such Gitin?!

1. Question #1: An old Get (is disqualified, but if she married, the children are Kosher!)
2. Answer: There, she need not leave her new husband; in the case of our Mishnah, she must leave.
3. Question: Some hold that in our Mishnah, she need not leave - how can they answer the question?
4. Answer: Here, she may not remarry l'Chatchilah; by an old Get, she may remarry l'Chatchilah.
5. Question #2: A bald Get (one with more folds than witnesses) is disqualified!
6. Answer: There, if she married, the children are Mamzerim!
7. Question: That is only according to R. Meir (who says that if a Get deviates from Chachamim's guidelines, if she remarries, the children are Mamzerim);

i. According to Chachamim, the children are not Mamzerim - how can we answer?

8. Answer: By a bald Get, she must leave her new husband; here, she need not.
9. Question: Some hold that in our Mishnah, she must leave - how can they answer the question?
10. Answer: Our Mishnah speaks of regular (untied) Gitin.
11. Question: There is a Get dated by the wrong kingdom!
12. Answer: There, she must leave; here, she may stay married.
13. Question: Some hold that in our Mishnah, she must leave - how can they answer the question?
14. Answer: They establish our Mishnah as R. Meir. There, the children are Mamzerim; here, they are not.

(d) Question: The Mishnah says twice that there are 3 such Gitin - what does this come to exclude?
(e) Answer: The first time, it excludes the Gitin listed above; the second time, it excludes the following case.

1. (Beraisa - R. Meir): A messenger brought a Get from Chutz La'aretz, and gave it without saying 'It was written and signed in front of me" - if she remarried, she must be divorced, and the children are Mamzerim; Chachamim say, the children are not Mamzerim;

i. The messenger should take the Get back, and give it again, making the declaration.

(a) (Mishnah): The Get is in the husband's handwriting and witnesses did not sign.
(b) (Rav): The Mishnah speaks of a Get in the husband's handwriting.
(c) Question: To which of the 3 Gitin does Rav refer?

1. Suggestion: If to the first - the Mishnah explicitly says, it is in his writing!
2. Suggestion: If to the second - 2 witnesses signed, why do we need that the husband wrote it?

(d) Answer: Rather, he refers to the last, the Get has a date and 1 witness signed.

1. It must be that the husband wrote it - had a scribe written it, the children would be Mamzerim.

(e) (Shmuel): The Mishnah speaks when a scribe wrote it, as a later Mishnah teaches - if a scribe wrote a Get and 1 witness signed, it is valid.
(f) Question (Rav): But the Mishnah says that she may marry l'Chatchilah, in our Mishnah, she may not marry l'Chatchilah!
(g) Answer (Shmuel): That Mishnah speaks of a scribe whose writing is known; in our Mishnah, the scribe's writing is not known.
(h) (R. Yochanan): The Mishnah speaks of a Get in the husband's handwriting.
(i) Question (R. Elazar): But witnesses signed (why do we need that the husband wrote it)?
(j) Answer (R. Yochanan): I refer to the last Get.
(k) Sometimes Rav would say that she must leave her new husband; sometimes, he would say that she may stay.

1. If she has children from him, she may stay; if not, she must leave.

(l) Question (Mar Zutra bar Tuvya - Mishnah): Any case in which a close relative of the Yavam was doubtfully engaged or divorced to the deceased, the co-wife does Chalitzah, not Yibum.

1. The case of doubtful engagement: he threw money to engage her, we do not know if it landed closer to him or her - this is the case of doubtful engagement.
2. The case of doubtful divorce: he wrote a Get in his own handwriting and no witnesses signed; or, witnesses signed it, there is no date on it; or, it has a date, only 1 witness signed it - these are the cases of doubtful divorce.
3. (Summation of question): If you say that she may stay married - people will think that it is a valid Get, and the co-wife will do Yibum!

(m) Answer: That is no problem - mid'Oraisa, the Get is valid, she may do Yibum!

1. The Get is invalid mid'Rabanan, she should do Chalitzah.

(n) (Levi, R. Yochanan, R. Chalafta): Even if she has no children, she need not leave her new husband.
(o) (R. Yochanan citing R. Chalafta): A Kratzis in a stack of produce that drinks water of the red heifer does not disqualify the water.
(p) Question: What is a Kratzis?
(q) Answer (Abaye): A grasshopper that resides in stacks.
(r) Question (Rav Daniel bar Rav Ketina): Any bird that drinks from the water of the red heifer disqualifies it, except for a dove, for it sucks the water (and does not spit it back out).

1. It did not say that also a grasshopper does not disqualify it!
2. Answer: This is because the law varies - a small grasshopper disqualifies, a large one does not.
3. Question: Until what size is considered small?
4. Answer: Until an olive's size.

(a) (Mishnah): R. Elazar says, even though witnesses did not sign...
(b) (Rav): The law is as R. Elazar regarding Gitin.
(c) (Shmuel): The law is as R. Elazar also by monetary documents.
(d) Question: Does Rav not hold as R. Elazar by monetary documents?!

1. But the Mishnah says, with such a document, one may collect from land with a lien on it!

(e) Answer: R. Elazar holds that also a monetary document is empowered by the witnesses that saw it given; Rav only holds as R. Elazar regarding Gitin of divorce or freedom.
(f) (R. Yakov bar Idi, R. Yosi bar Chanina,...) The law is as R. Elazar regarding Gitin.
(g) (R. Yanai, R. Yochanan): The Get does not even disqualify her from Kehunah.
(h) Question: Do they hold that the law is not as R. Elazar?
(i) Answer: No - they meant, according to Chachamim, it does not even disqualify her from Kehunah.
(j) (Mishnah): Two men sent identical Gitin (all names are the same), and they got mixed up. Each messenger should give both Gitin to the wife he was sent to.

1. Therefore, if 1 Get was lost, the other is void.

(k) Five men wrote a joint Get: Reuven divorces Leah, Shimon divorces Rachel... and witnesses signed below - all are valid;

1. The Get is given to each wife.

(l) If a Tofes (the standard language of a Get without the names) was written for each couple, only the Get right before the signatures is valid.
(m) (Gemara) Question: Who is the Tana of our Mishnah?
(n) Answer #1 (R. Yirmeyah): It is not as R. Elazar.

1. R. Elazar says that a Get is empowered by the witnesses that saw it given - here, the witnesses do not know which Get divorces each woman!
2. Answer #2 (Abaye): The Mishnah can even be as R. Elazar - he only requires that the Get be written Lishmah, not given Lishmah.