POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 87
1) A JOINT GET
(a) (Mishnah): Five Gitin written jointly...
(b) Question: What is the difference between being written
jointly, and when a Tofes is written for each?
(c) Answer #1 (R. Yochanan): If one date is written for all -
this is a joint Get; if a date is written for each - this
is Tofes.
(d) Answer #2 (Reish Lakish): Even if 1 date is written for
all, this can also be Tofes.
1. Rather, the difference is: in a joint Get, they
write 'We, Reuven and Shimon divorce our wives Leah
and Rachel...'.
(e) Question (R. Aba): R. Yochanan said that if 1 date is
written for all, this is a joint Get - we should be
concerned that the witnesses only signed intending for
the last Get!
1. (Beraisa): Witnesses signed underneath a greeting
written underneath a Get - it is invalid, we are
concerned that the witnesses did not sign on the
Get, rather on the greeting.
(f) Answer: R. Avahu taught - if it says 'Sha'alu (greet)'
under the Get, the Get is invalid; if it says 'v'Sha'alu
(and greet)', the Get is valid (the witnesses intended to
testify to the Get and to greet);
1. Here also, it says 'Reuven and Shimon and...'.
(g) Question (R. Aba): R. Yochanan said that if 1 date is
written for all, this is a joint Get and only the last
one is valid - even if it would not be a joint Get, the
first ones would be invalid, for it was not signed on the
day they were written!
(h) Answer (Mar Keshisha brei d'Rav Chisda): The case is, all
were written on the same day and signed that day.
(i) Question (Ravina): Reish Lakish says, even if 1 date is
written for all, it is Tofes - what is the case of a
joint Get?
(j) Answer (Rav Ashi): In a joint Get, they write 'We, Reuven
and Shimon divorce our wives Leah and Rachel...'.
(k) Question: If so, 2 women are divorced with 1 document -
but the Torah said "He will write for her", not for her
and her companion!
(l) Answer: Later, it says 'Reuven divorced Leah, Shimon
divorced Rachel...'
(m) Question (Ravina): Why is this needed - it is not needed
by a Get of freedom!
1. (Beraisa): David wrote a document giving all his
property to his 2 slaves - they acquire themselves
and free each other.
(n) Answer (Rav Ashi): We established that Beraisa to be when
he wrote 2 documents.
(o) A Beraisa supports R. Yochanan, another supports Reish
Lakish.
1. (Beraisa (for R. Yochanan)): Five men wrote in a
Get: Reuven divorced Leah, Shimon divorced
Rachel,...; there is 1 date, and the witnesses
signed below - all are valid, it must be given to
each woman.
2. If each Get has its own date, and the witnesses
signed below - only the Get that the witnesses
signed under is valid;
i. R. Yehudah ben Beseira says, if there are
spaces between the Gitin, the others are
invalid; if not, all are valid, the separate
dates do not separate the Gitin.
3. (Beraisa (for Reish Lakish)): Five men wrote a joint
Get: We, Reuven and Shimon divorced our wives Leah
and Rachel - Reuven divorced Leah, Shimon divorced
Rachel,...; there is 1 date, and the witnesses
signed below - all are valid, it must be given to
each woman.
4. If each Get has its own date, and there is space
between each Get - the Get that the witnesses signed
underneath is valid, the others are not;
i. R. Meir says, even if there are no spaces
between the Gitin, the others are invalid,
because the separate dates separate them.
5. Question: According to Reish Lakish, why must there
be a separate date for each - he said, even this is
Tofes!
6. Answer: That is only when the Gitin are not written
together at the beginning; here, they are written
together at the beginning, if there are separate
dates, they are Tofes; if not, they are a joint Get.
2) ON WHICH GET DID WITNESSES SIGN?
(a) (Mishnah): Two Gitin were written side by side - 2
witnesses signed in Hebrew under them, from under the
right Get to under the left Get, and 2 witnesses signed
underneath in Yevanis, from under the left Get to under
the right Get;
1. The Get on the side that the first signatures begin
(i.e. Hebrew writing goes from right to left) is
valid.
(b) If 1 witness signed underneath in Hebrew, and under him a
witness signed in Yevanis, then a Hebrew witness, then a
Yevanis - both Gitin are invalid.
(c) (Gemara) Suggestion: The first 2 witnesses should make
both Gitin valid!
1. Each witness signed under both Gitin - under the
right Get, 'Reuven' (his own name), and under the
left Get, 'ben Yakov' (his father's name).
2. (Mishnah): A witness that signed 'ben Ploni,
witness' - the signature is valid.
(d) Rejection: The case is, 'Reuven ben' is written under the
right Get, and 'Yakov witness' is under the left Get.
(e) Suggestion: Still, 'Yakov witness' is a valid signature,
the left Get should also be valid!
1. (Mishnah): A witness that signed 'Ploni, witness' -
the signature is valid.
(f) Rejection #1: The case is, he signed 'Reuven ben Yakov',
and did not write 'witness' at all.
(g) Rejection #2: He wrote 'witness', but we know that 'Yakov
witness' is unlike Yakov's signature (so we cannot accept
is as a signature).
87b---------------------------------------87b
(h) Suggestion: We should assume that Reuven signed his
father's name (and this is a valid signature)!
(i) Rejection: A person would not sign his father's name in
place of his own name.
(j) Suggestion: Perhaps Reuven regularly signs his father's
name as a symbol in lieu of his own name.
1. Rav would draw a fish in lieu of signing his
name...Rav Chisda would write a 'Samech'...
(k) Rejection: A person is not so brazen to use his father's
name for this.
(l) Suggestion: The right Get should be Kosher with the
Hebrew witnesses, and the left Get with the Yevanis
witnesses!
1. (Mishnah): A Get written in Hebrew and the witnesses
signed in Yevanis, or vice-versa - it is Kosher.
2. Suggestion: Perhaps the left Get is not Kosher
because 2 lines (occupied by the Hebrew signatures)
separate the Yevanis signatures from the Get.
3. Rejection: Chizkiyah taught, if relatives (who are
invalid witnesses) signed empty lines between a Get
and the Kosher witnesses, it is valid.
(m) Answer: Indeed, Ze'iri taught that both Gitin are Kosher!
1. Our Tana is concerned, perhaps the Yevani signatures
also signed right to left (to be consistent with the
Hebrew witnesses - if so, they also testify on the
right Get).
(n) (Mishnah): If 1 witness signed underneath in Hebrew, and
under him a witness signed in Yevanis, then a Hebrew
witness, then a Yevanis - both Gitin are invalid.
(o) [Version #1 - Rashi - Suggestion: The right Get should be
Kosher with a Hebrew and a Yevani witness, and also the
left Get! (The case is, the middle 2 witnesses started
signing on one line and finished in the next - if we
assume that each signed as is normal in his language,
each Get has 1 Hebrew and 1 Yevani witness.)
(p) Answer: Indeed, Ze'iri taught that both Gitin are Kosher!
1. Our Tana is not sure on which Get the bottom 3
signatures were signed - perhaps (any or all of
them) deviated from the way of his language, in
order to sign as the witness above him.]
(q) [Version #2 - Tosfos - Suggestion: (The right Get) should
be Kosher with a Hebrew witness, and a Yevani witness
(even if we are concerned that the bottom witnesses
signed backwards; if we are not concerned, it should be
Kosher with the 2 Hebrew witnesses, and the left Get
would be Kosher through the Yevani witnesses).
(r) Answer: Indeed, Ze'iri taught that both Gitin are Kosher!
1. Our Tana is concerned, perhaps the 3 bottom
signatures all signed left to right (the Yevanim -
as is normal in Yevani; the second Hebrew witness
mimicked the Yevani witness above him), therefore,
we cannot declare the Get valid.]
3) GITIN WRITTEN IN DIFFERENT WAYS
(a) (Mishnah): If part of the Get was written in a different
column and the witnesses signed below - it is valid.
(b) If witnesses signed at the top of the page, or on the
side, or on the other side of a normal Get - it is
invalid;
(c) Two Gitin are written on 1 page, the witnesses signed in
between: if each Get begins by the signatures (and goes
outwards) - both are invalid;
1. If both Gitin end by the signatures - when viewing
the signatures right-side up, the Get above them is
Kosher, the other is invalid;
2. If 1 of the Gitin ends by the signatures - it is
Kosher, the other is invalid;
3. A Get was written in Hebrew, the signatures are in
Yevanis, or vice-versa, or 1 witness signed in
Hebrew, the other in Yevanis - it is Kosher;
(d) The Get is in a scribe's handwriting and 1 witness signed
- it is Kosher;
(e) The following are valid signatures: 'Ploni (is a)
witness', 'The son of Ploni is a witness', 'Ploni the son
of Almoni' (even though he did not write 'witness').
1. People of Yerushalayim who spoke concisely would
sign Gitin thusly.
(f) If family names of the husband and wife were used, it is
Kosher.
(g) (Gemara) Question: When the Get finishes in a second
column - we should be concerned that 2 Gitin were
written, 1 in each column: the bottom of the Get in the
first column was cut off, as was the top of the Get in
the second column!
(h) Answer #1 (R. Aba): The case is, the writing in the first
column has blank parchment underneath.
1. Question: Still, we should be concerned that the
first Get was never finished, and the second column
is the end of a different Get (the top was cut off)!
2. Answer: Similar to R. Aba's answer above, the case
is, the writing in the second column has blank
parchment above it.
3. Question: The fact that the Get finishes in another
column suggests that it was not written at once;
i. If the first column ends with 'Behold, you are'
and the second column begins with 'permitted' -
perhaps after writing the first column, the
husband canceled the Get, and later resumed
writing in the second column!
4. Answer: We are not concerned for such far-fetched
possibilities.
(i) Answer #2 (Rav Ashi): The case is, we can see from the
parchment that the Get was intended to be written as is,
in 2 columns.
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