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Gitin 21

GITIN 21 - This Daf has been dedicated by Eitan Fish of N.Y., in memory of his illustrious ancestor Hagaon Rav Yitzchak Blazer (a.k.a. "Reb Itzele Peterburger," author of "Kochevei Or" and "Pri Yitzchak"), one of the leading Talmidim of Hagaon Rav Yisrael Salanter Ztz"l. He passed away 11 Av 5667 (1907) in Yerushalayim.

1) [line 2] AREV - a guarantor for a debt
2) [line 2] HA'YOTZEI L'ACHAR CHISUM SHETAROS - [whose signature] which comes after the signature of the witnesses in a document

3) [line 6] SHOVRO - the receipt given by the divorced wife to the husband when she receives the Kesuvah

4) [line 8] SHETAR MATANAH - a document effecting the transfer of property through a gift

(a) When a person acquires an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in ownership). The forms of Ma'aseh Kinyan that may be used for for Metaltelin (movable goods) are: 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain.
(b) The Kinyan of Chatzer works only when the Chatzer is a stationary domain. If the Chatzer is a moving domain ("Chatzer Mehaleches" -- lit. "a walking Chatzer"), then the Chatzer is not effective to make a Kinyan. Hence, an object placed on a person's slave cannot be acquired through Kinyan Chatzer (even though the slave is considered the person's domain), because the slave is a moving Chatzer.

6) [line 14] KAFUS - [the slave, who is holding the Get, is given to the wife when he is] bound

7) [line 22] MI'"YADAH" - [the Kinyan of Chatzer is learned] from [the Kinyan of] "her hand" (in Devarim 24:1)

The Torah requires that the Get be given directly into the hands of the woman (Devarim 24:1). However, a woman may appoint a "Shali'ach l'Kabalah" to receive the Get from her husband on her behalf, or to receive the Get from her husband's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get).

9) [line 28] MI'"V'SHILACH V'SHILCHAH" - [the ability of the woman to appoint a Shali'ach to receive a Get on her behalf is learned] from the word (Devarim 24:1) "v'Shilchah" (lit. "and he sends her"), which could have instead be written "v'Shilach" ("and he sends"). (The addition of the letter "Heh" teaches that the word can also be read "v'Shilchah" (without a Dagesh in the Heh) to mean "and *she* sends," i.e. she makes a Shali'ach to receive her Get.)

10) [line 30] AV MEKABEL GET L'VITO KETANAH - a father may receive a Get on behalf of his minor daughter (since the Torah gives a father the right to marry off his daughter before she reaches the age of twelve years old)


11) [line 1] L'MIKATZYEI - to cut it off
12) [line 2] LEISVEI LAH - and give it to her
13) [line 6] EIN LI ELA SEFER - I only know that it is permitted to write a Get on a piece of parchment

14) [line 9] V'EINO OCHEL - and it is not a food
15) [line 12] L'SEFIRAS DEVARIM B'ALMA - for a mere recounting of the details of the divorce

16) [line 15] ISKASH YETZI'AH L'HAVAYAH - divorce is compared to betrothal (Kidushin) in the verse in Devarim (24:2)

(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get.
(b) Since the Torah calls the Get a "Sefer Kerisus," we are taught that the Get must completely sever the ties between the husband and his wife. If the husband introduces a retroactive condition into the Get, which cannot be com pletely fulfilled until the woman dies, the Get is invalid, since there will be no point at which the ties between the husband and his wife will be entirely severed in a practical manner, i.e. while she is still alive.

18) [line 24] MECHUBAR LA'KARKA - attached to the ground
19) [line 25] TALSHO - uprooted it
20) [line 28] NEYAR HA'MACHUK - paper on which words were written and erased
21) [line 28] DIFTERA - a hide that is treated with salt and flour, but not with gall nuts (Afatzim). In addition, the outer side of the hide has not been separated from the inner side.

22) [line 29] L'HIZDAYEIF - to be forged
23) [line 32] SHIYEIR - he left over

24a) [line 32] TOREF - the specific parts of a Get (the name of the man, the name of the woman, their place of residence, and the date)
b) [line 36] TOFES - the standard text of a Get

25) [line 39] EDEI CHASIMAH KARSEI KESUVOS 94A EDEI CHASIMAH KARSEI - the witnesses who sign the Shtar (document) are the main part of the Shtar, i.e. the ones who make the Shtar take effect

26) [line 42] CHERES SHEL ATZITZ NAKUV - the pottery of a flowerpot with a drainage hole (which receives sustenance from the ground underneath)

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