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Gitin 63

GITIN 63 (18 Nisan) - Dedicated l'Iluy Nishmas: Dov Ber ben Moshe Mordechai z'l -- Mr. Bernie Slotin, of Savannah, Georgia -- who passed away on Chol ha'Moed Pesach 5759 (18 Nisan - April 4, 1999), by his grandson, Rabbi Yisroel Shaw and family.

1) [line 7] AKREI SHELI'ACH LI'SHELICHUSEI L'GAMREI - the Shali'ach uprooted his appointment of Shelichus completely

2) [line 14] TIGARESH KOL HEICHI D'MEGARSHAH - "she shall be divorced in any way that will divorce her"


3) [line 14] CHOLETZES
(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.

4) [line 16] MANEH - one hundred silver Dinars

The Torah requires that the Get be given directly into the hands of the woman (Devarim 24:1). However, a husband who wants to divorce his wife may place the Get into her Chatzer (courtyard) or property. The Kinyan of Chatzer is learned from the Kinyan of "her hand" (ibid., Gemara above, Daf 21a). As such, if the husband were to put the Get into a Chatzer that does not belong to her, she is not divorced, since he has not put it into "her hand," even if she acquires the Chatzer afterwards. According to Rav, a woman's Shali'ach l'Kabalah may not accept a Get from the husband's Shali'ach l'Holachah, because it might be confused with the case of a Get that is placed in a Chatzer that does not yet belong to the woman.

6) [line 28] LAISHA - kneading [dough]
7) [line 29] LEHEVEI BA'YADCHA - "let it stay in your hand" (i.e. be my Shali'ach l'Kabalah)

8) [line 30] AVDI BAH UVDA - I would practice in accordance with this [ruling]

In order for a Shelichus to be effectively carried out on behalf of the sender, the Shali'ach must have the opportunity to return to the sender to confirm that he carried out his mission, which he cannot do if, before fulfilling and completing his mission, he became a Shali'ach for someone else (in this case, the wife).

10) [line 40] CHASPA - a potsherd (i.e. a meaningless Get)
11) [line 42] ANCHUHA B'KISAICHU - place it in your pockets (and do not deliver it)

12) [line 44] SELUKEI SALIK LEHU - did he want to remove them (the witnesses, from their mission, once they wrote a Get and gave it to the Shali'ach)

13) [line 44] L'TIRCHA DIDHU CHAYISH - for their inconvenience he was concerned (and they are permitted to write another Get to replace the first one that was

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