ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Gitin 29
GITIN 29 & 30 - have been anonymously dedicated by a very special Marbitz
Torah and student of the Daf from Ramat Beit Shemesh, Israel.
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Questions
1)
(a) In the second Lashon, Rav Yosef restricts our Mishnah to a Beis-Din shel
Akum. It is only there that we give a 'Yotze Lehareg' a Chezkas Chayim -
because Nochrim are prone to take bribes (even after the death-sentence has
been passed).
(b) We will not do so in the case of Beis-Din shel Yisrael however - because
even though it is possible for Beis-Din to acquit someone who has already
received the death-sentence, it is so rare for this to happen that we do not
contend with it.
(c) There is no proof for Rav Yosef from the Beraisa of Bore'ach, where we
put the sentenced man to death on the testimony of the witnesses, and do not
contend with the possibility that he may have been acquitted - because
Bore'ach might well be different, as we explained earlier.
2)
(a) The Tana of our Mishnah permits a Sheli'ach ha'Get in Eretz Yisrael who
becomes sick, to appoint another Sheli'ach in his place - even outside of
Beis-Din.
(b) The Halachah will differ in the event that the husband asked the
Sheli'ach to take a specific object from his wife when handing her the Get -
because of the principle 'Ein Retzoni she'Yehei Pikdoni be'Yad Acher' (the
assumption that the owner of an object who asks one person to look after it,
expects him to do so and nobody else). Consequently, the original Sheli'ach
will not have the authority to appoint a Sheli'ach in his place.
(c) Should the Sheli'ach appoint another Sheli'ach, in this latter case) -
the Get will nevertheless be valid, since the Shelichus of the Get and that
of the object are not interdependent (as we shall see shortly).
(d) The Sheli'ach is ...
1. ... not permitted to appoint another Sheli'ach to take the Get to the
Meshale'ach's wife unless he is sick, explains Rav Kahana (because the Tana
means exactly what he said,and not just stating the norm.).
2. ... permitted to appoint another Sheli'ach - in the case of other Onsin.
3)
(a) The Tana Kama of a Beraisa makes a distinction between a Sheli'ach
ha'Get to whom the Meshale'ach said 'Holech Get Zeh le'Ishti' and one to
whom he said '*At(ah)* Holech ... ' - permitting the former to appoint a
Sheli'ach, but forbidding the latter.
(b) Raban Shimon ben Gamliel says simply - 'Ein Sheli'ach Oseh Sheli'ach'.
(c) Assuming that Raban Shimon ben Gamliel forbids the Sheli'ach to a
appoint a Sheli'ach under any circumstances, and the author of our Mishnah
is the Rabbanan - the Beraisa might be speaking when the Sheli'ach became
sick, and that is when they permit 'Holech' (but not 'At(ah) Holech'), and
that is also the case in our Mishnah; or the Beraisa might speak when the
Sheli'ach did not become sick, but when he did, they will permit even
'At(ah) Holech', and that is the case in our Mishnah.
(d) Assuming that the author of our Mishnah is Raban Shimon ben Gamliel, we
will establish ...
1. ... Raban Shimon ben Gamliel in the Beraisa - when the Sheli'ach is not
sick, and in the Mishnah when he is.
2. ... the Rabbanan in the Beraisa also speak when the Sheli'ach is not
sick, but when he is, even if the Meshale'ach said 'Holech At', he may
appoint a Sheli'ach.
4)
(a) The Mishnah later in 'ha'Omer' states that if someone asks two people to
give a Get (as yet unwritten) to his wife or three people to write and give
it to her - they are obligated to write the Get and hand it to his wife,
implying that only they must do it and nobody else?
(b) We reconcile this with our Mishnah, which permits the Sheli'ach to
appoint a Sheli'ach (even when he is not sick, according to one of the
previous opinions) - by attributing the Mishnah in 'ha'Omer' to the
husband's embarrassment at not knowing how to write the Get himself (whilst
no such reason will apply here).
5)
(a) According to Rava, the Mishnah in 'ha'Omer' is different because it is
'Mili' - words (since he is not Makneh anything tangible to the Sheli'ach
[such as a Sh'tar] in making him a Sheli'ach); and words are not something
that one Sheli'ach can hand to another.
(b) The ramifications of the Machlokes between Abaye and Rava are - in the
case of a Sheli'ach brings a Sh'tar Matanah, which on the one hand is 'Mili'
(and which one Sheli'ach can therefore not hand over to another), but on the
other, the onus of writing it lies with the recipient (in which case, there
is no reason for the Meshale'ach to be embarrassed).
(c) In fact, the Machlokes between Abaye and Rava is not a new Machlokes -
since Rav and Shmuel have already argued over the same point before; Rav
holds 'Matanah Einah ke'Get' (like Abaye), whereas Shmuel says 'Matanah
ke'Get' (like Rava).
6)
(a) We learned in our Mishnah that if the Meshale'ach instructed the
Sheli'ach to take a certain object from his wife, he is not permitted to
appoint another Sheli'ach. The important (dual) principle that Rebbi is
coming to teach us here, according to Resh Lakish is - that 'Ein ha'Sho'el
Rashai Lehash'il, ve'Ein ha'Socher Rashai Lehaskir'.
(b) When he wrote 'Lo Yeshalchenu be'Yad Acher', he might also have meant to
say - that the Shelichus is nullified too.
7)
(a) Rebbi Yochanan disagrees with Resh Lakish's interpretation of 'Lo
Yeshalchenu be'Yad Acher' on the grounds - that every child knows that 'Ein
ha'Sho'el Rashai Lehash'il ... '.
(b) So he interprets it to mean - that sometimes the Get becomes invalid
too.
(c) Rebbi Yochanan holds ...
1. ... that the Get is nevertheless valid (like Resh Lakish) - there where
the woman actually handed the second Sheli'ach the object before receiving
her Get from him (in which case it well make no difference what the husband
had said).
2. ... that it is not (as if the Meshale'ach had instructed the Sheli'ach to
hand her the Get in the house, and he went and handed it to her in the
attic) - there where the husband specifically instructed the first Sheli'ach
to take the object first, and the second Sheli'ach reversed the order,
taking the object only after handing her the Get. (which we consider as if
Rebbi Yochanan holds ...
(d) In this latter case (the case about which they argue), there is in fact,
no difference between the original Sheli'ach and the Sheli'ach whom he
appointed, neither according to ...
1. ... Rebbi Yochanan, nor according to ...
2. ... Resh Lakish - whose reason is because people are generally not
particular about such irrelevant matters.
29b---------------------------------------29b
Questions
8)
(a) The Din of a Sheli'ach who is delivering a Get from Chutz la'Aretz
differs from one who is delivering it in Eretz Yisrael with regard to
appointing another Sheli'ach - inasmuch as he is obligated to declare
'be'Fanai Nichtav ... ' in front of a Beis-Din.
(b) The original Sheli'ach makes the declaration, as he hands it to the
second Sheli'ach in front of Beis-Din.
(c) Upon handing the woman the Get, the second Sheli'ach merely states -
that he is a Sheli'ach Beis-Din (and we assume that the first Beis-Din
ensured that the handing over was done properly).
9)
(a)
1. ... Avimi the son of Rebbi Avahu extrapolated (in response to the
Rabbanan's She'eilah) from the fact that our Mishnah says 'Ein ha'Sheli'ach
*Acharon* Tzarich she'Yomar be'Fanai Nichtav ... ', rather than
'*ha'Sheini*' - that the second Sheli'ach is permitted to appoint a third
one (and so on ad infinitum).
2. ... the Rabbanan extrapolate (in response to Avimi's version of the
She'eilah) from the Seifa of the Mishnah 'Ela Omer Sheli'ach Beis-Din Ani' -
that the third Sheli'ach is then obligated to state that he is Sheli'ach
Beis-Din.
(b) According to Rav Nachman bar Yitzchak, the Rabbanan asked Avimi whether
a second Sheli'ach who appoints a third Sheli'ach requires a Beis-Din or
not - to which Avimi replied 'Why don't you first ask whether or not, the
second Sheli'ach can appoint a third one?
(c) The Rabbanan answered him from the Lashon 'Acharon' used by the Tana in
our Mishnah (like he answered them in the first Lashon). Avimi then resolved
their She'eilah - from 'Ela Omer Sheli'ach Beis-Din Ani' (like they answered
him in the first Lashon).
10)
(a) Rava - permits the second Sheli'ach to appoint a third Sheli'ach ... in
Eretz Yisrael, even though this is not done in front of Veis-Din (see Tosfos
Rid DH 'Amar Rava').
(b) Mar bar Rav Ashi said about his father's ruling (that the moment the
first Sheli'ach dies, all the other Shelichus become nullified) - that, due
to its inaccuracy, he must have said it in his youth, because the subsequent
Shelichus depends on the life of the husband, and not on that of the first
Sheli'ach.
(c) Consequently, this will be the case only if - the husband dies.
11)
(a) When a prospective Sheli'ach initially declined to accept the Shelichus
on the grounds that he would not be able to recognize the Meshale'ach's
wife - the Meshale'ach instructed him to give the Get to Aba bar Minyumi,
who would.
(b) The Sheli'ach did not find Aba bar Minyumi, but he did find Rebbi Avahu,
Rebbi Chanina bar Papa and Rebbi Yitzchak Nafcha - who suggested that he
declare 'be'Fanai Nichtav ... ' and hand the Get to them, and they in turn,
would hand it to Aba bar Minyumi when they saw him next.
(c) Rava was full of praise for the young Rav Safra, who was sitting with
them at the time, and whose comment stumped them. He commented - that since
the Sheli'ach's instructions were to hand the Get to Aba bar Minyumi (and
not to his wife), he had no authority to hand the Get to anyone else.
(d) Rav Ashi disagrees with Rava, on the grounds that the Meshale'ach in no
way objected to the Sheli'ach handing the Get directly to his wife. On the
contrary, that was what he asked to do originally; he only instructed him to
hand it to Aba bar Minyumi when he claimed not to know his wife.
12)
(a) In the second Lashon, Rava and Rav Ashi reverse their opinions.
According to this Lashon, it is ...
1. ... Rava who comments - that Rav Safra's victory was in error (because
the husband did not object ... ).
2. ... and Rav Ashi who retorted - that he was right, because at the end of
the day, the husband appointed Aba bar Minyumi as the Sheli'ach, and not the
original Sheli'ach.
(b) Rava advised a certain Sheli'ach who was told not to deliver the Get
before thirty days, but who knew that he would be unable to fulfill his
Shelichus then - to hand him the Get, seeing as he was an O'nes, and he
would appoint another Sheli'ach after thirty days.
(c) When the Rabbanan queried his idea, seeing as the Sheli'ach was not a
Sheli'ach for Gerushin at that moment - he replied that this did not matter,
seeing as he was an eligible Sheli'ach after thirty days.
(d) The problem with the thirty day delay is - the strong possibility that
the husband will appease his wife and will be intimate with her before the
Get has been delivered, rendering this a Get Yashan.
13)
(a) The above problem is based on a Mishnah in 'Mi she'Ochzo' 'me'Achshav im
Lo Ba'asi mi'Ka'an ve'Ad Sh'teim-Esrei Chodesh, u'Meis be'Soch Sh'teim-Esrei
Chodesh, Harei Zeh Get'. We are not afraid there that the husband appeased
his wife and was intimate with her, rendering the Get a Get Yashan -
because, as Rabah bar Rav Huna explained in the name of ... Rav, the Tana
speaks when the husband stipulated that his wife was to be believed to say
that they had not been intimate.
(b) We do not suspect by every Sheli'ach that by the time the Sheli'ach
arrives at his destination, the husband may have appeased his wife - because
there, since he did not fix a time period, he will always think that the
Sheli'ach arrived there before him.
(c) Rava was embarrassed by the Rabbanan's Kashya (regarding Get Yashan).
What he did not initially know however, was - that the couple were not
married, only engaged, and that the suspicion of Get Yashan was therefore
not practical.
(d) Rava asks whether, when the second Sheli'ach appoints a third one, it
must be in the presence of the first Sheli'ach or not. His own resolution
conformed with 'Shalchu mi'Tam' who ruled - 'Bein be'Fanav, Bein she'Lo
be'Fanav'.
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