ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 160
***** Perek Get Pashut *****
(a) Our Mishnah states 'Get Pashut Eidav mi'Tocho'. A 'Get Pashut' - is a
plain Sh'tar (officially, every document is called a Get).
(b) In a Get Mekushar - every second line is left blank, with the written
line folded over the blank one, which is then stitched and knotted, and at
the back of which, a witness signs.
(c) Our Mishnah distinguishes between a Get Pashut and a Get Mekushar -
inasmuch as the former is signed on the inside, the latter, on the outside.
(a) If one confused the two, according to the Tana Kama, and signed the
witnesses on the outside of a Get Pashut or on the inside of a Get
Mekushar - both are Pasul.
(b) Rebbi Chanina ben Gamliel validates the latter - because it is possible
to cut the knots and turn it into Get Pashut.
(c) Raban Shimon ben Gamliel is the easiest going of all. According to him -
one simply follows the local custom.
(d) The minimum number of witnesses who must sign on a ...
1. ... Get Pashut is - two.
2. ... Get Kashur is - three.
(a) A Get Kere'ach by a Get Mekushar is Pasul, too. A 'Get Kere'ach' is -
one that contains more knots than witnesses.
(b) The 'Pashut she'bi'Mekushar' is - the Tofes (the part of the Sh'tar that
is prewritten by the Sofer) of the Sh'tar, which is written in the form of a
(a) Rebbi Chanina learns from the double expression in the Pasuk in Yirmiyah
1. ... "Sados ba'Kesef Yiknu ve'Chasov ba'Sefer, ve'Chasom" - that there are
two kinds of Sh'tar, "ve'Chasov ... " implies a Get Pashut, and "ve'Chasom",
a Get Mekushar.
(b) Rafram learns from the Pasuk ...
2. ... "ve'Ha'ed Eidim" - that the former requires two witnesses
("ve'Ha'ed"), and the latter, three ("Eidim").
1. ... "va'Ekach es Seifer ha'Miknah - a Get Pashut, from "es he'Chasum
... - a Sh'tar Mekushar, and from "ve'es ha'Galuy" - the Pashut
(c) Rami bar Yechezkel learns the two Sh'taros from the double (seemingly
superfluous) Pasuk in Shoftim -"al-Pi Shenayim Eidim O al-Pi Sheloshah Eidim
2. ... "ha'Mitzvah ve'ha'Chukim" - that the two Sh'taros have different
(d) We know that it is a Get Mekushar that requires three witnesses and a
Get Pashut, two, and not vice-versa - because logically speaking, since the
former has 'more' knots, one would expect it to have more signatures, too.
(a) We query all three sources for the two kinds of Sh'tar - on the grounds
that the Pesukim concerned are all needed for their own issues.
(b) The Pasuk ...
1. ... "Sados ba'Kesef Yiknu ... " - came as a sound piece of advice on the
part of Yirmiyah to document sales of land, and have them signed, in
anticipation of the impending Galus, which might result in witnesses not
being available to testify personally (as we learned in a Beraisa).
2. ... "va'Ekach es Seifer ha'Miknah ... " - that Yirmiyah followed his own
3. ... "al-Pi Shenayim Eidim ... " - to compare three witnesses to two, as
explained by Rebbi Akiva and the Rabbanan according to their respective
opinions in Makos (see Rabeinu Gershom).
(a) In that case, the Pesukim are an 'Asmachta' and Get Mekushar is a
Takanas Chachamim - which Chazal instituted - on account of Kohanim, who
were known to be quick-tempered, and who would divorce their wives in a fit
of temper. After the event, when it was too late (seeing that a Kohen is
forbidden to marry a divorcee), they would be sorry for what they had done
(see Tosfos DH 'Tiknu').
(b) What they expected to gain with this Takanah - was the fact a Get
Mehushar takes a long time to write, and hopefully, in the interim, the
Kohen would retract (in good time).
(c) They extended the Takanah to cover all Sh'taros, despite the fact that
the reason is confined to Gitin - in order not to differentiate between one
Sh'tar and the other.
(a) According to Rav Huna, the witness would sign on a Get Mekushar between
one knot and the next (i.e. on the blank space), whereas according to Rebbi
Yirmiyah bar Aba - he would sign at the back of the writing.
(b) We initially understand Rav Huna's statement to mean - on the blank
space on the inside of the Sh'tar (see Tosfos DH 'le'Rav Huna').
(c) When a Get Mekushar was brought before Rebbi (who was unfamiliar with a
Get Mekushar), and he expressed surprise that it did not contain a date, his
son Rebbi Shimon suggested - that perhaps it was absorbed in the space
between the knots.
(d) To expose the date - Rebbi cut the knots.
(a) Rami bar Chama queried Rav Huna from the previous episode with Rebbi -
on the grounds that if the signatures appeared on the inside of the Sh'tar,
why did he not express equal surprise that the Sh'tar contained no
(b) Rav Chisda replied - that when Rav Huna said 'between the knots', he
meant on the outside of the Sh'tar, where they were immediately visible.
(a) The problem with Rav Huna, bearing in mind that the witnesses signed at
the back of the blank space, leaving the latter part of the Sh'tar unsigned
is - what is to stop the creditor from adding any clause that suits him on
to the Sh'tar?
(b) This is not a problem according to Rebbi Yirmiyah bar Aba - because, in
his opinion, the witnesses signed at the back corresponding to the writing
on the other side right down to the where the writing terminated.
Consequently, if anything was added to the Sh'tar after that, it would be
noticeable and would be Pasul.
(c) We answer the Kashya - by pointing out that wherever the Sh'tar ended,
they would add the words 'Sh'rir ve'Kayam', and anything that was added
after that was Pasul.
(d) We are not afraid that he will add a clause on to the end of the Sh'tar
and conclude with a second Sh'rir ve'Kayam - because we only allow one
'Sh'rir ve'Kayam', and no more.
(a) Nevertheless, even if one writes only one Sh'rir ve'Kayam, we are still
afraid - that he may erase 'Sh'rir ve'Kayam' and add in its place a clause
of his choosing, before adding Sh'rir ve'Kayam at the end of the clause.
(b) We answer with a statement by Rebbi Yochanan, who says - that if a
Sh'tar that has a word or two that are 'hanging' between the lines - it is
Kasher, provided that this is substantiated at the end of the Sh'tar.
(c) But a Sh'tar that has a word or two rubbed out - he invalidates, even
assuming this is substantiated at the end of the Sh'tar.
(a) If some words on a Sh'tar are erased - the Sh'tar up to the erased words
(b) Even the entire Sh'tar will be Kasher however, even if one or two words
have been erased - provided those words are not in a location where one
would expect to find 'Sh'rir ve'Kayam', or even if they are, if the space is
too small to have contained those two words.