POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Gitin 26
GITIN 26 - dedicated by Larry and Marsha Wachsman l'Iluy Nishmas
their aunt, the late Mrs. Rachel Potack (bas Rav Moshe) Z"L --
a true "Eshes Chayil" and "Ba'alas Midos" -- who passed away
b'Seivah Tovah in Yerushalayim on 2 Kislev 5761.
1) WRITING DOCUMENTS BEFORE THEY ARE NEEDED
(a) (Mishnah): One who writes Tofsim of Gitin (the part which
is the same for anyone) must leave blank the names of the
husband, wife and the date (until the husband tells him
(b) One who writes Tofsim of loan documents must leave blank
the names of the lender, borrower, the amount of the loan
and the date;
(c) One who writes Tofsim of sale documents must leave blank
the names of the buyer, seller, the price, the field and
1. This is an enactment.
(d) R. Yehudah says, all of these cases are invalid; R.
Elazar says, all are valid, except for Gitin of divorce,
as it says "He will write for her" - Lishmah.
(e) (Gemara - Rav Yehudah): On a Get, he must also postpone
writing 'You are permitted to any man';
1. The Mishnah is as R. Elazar, who says that a Get is
empowered by the witnesses that saw it given, and a
Get must be Lishmah.
(f) It was necessary for Rav Yehudah to say that all 3
Mishnayos (ours, 21B, and 22B) are as R. Elazar.
(g) Had he only said it by the first Mishnah (writing a Get
while attached), we would have thought only that is as R.
Elazar, to resolve the contradiction between the
beginning of the Mishnah (We do not write a Get on
something attached) and the end of the Mishnah (if he
wrote it attached);
1. But the second Mishnah (a deaf person, lunatic or
minor may write a Get), which explains that a Get is
validated through its signatures - one might have
thought, that is as R. Meir, who says that a Get is
empowered by the witnesses that sign it;
(h) (Mishnah): This is an enactment.
2. Had Rav Yehudah only established that Mishnah as R.
Elazar, one might have thought that our Mishnah is
not as R. Elazar, since R. Elazar argues in the end
of our Mishnah -Rav Yehudah teaches, this is not so.
(i) Question: What is this enactment?
(j) Answer #1 (R. Yonason): An enactment to help scribes; the
Mishnah is as R. Elazar, who says that a Get is empowered
by the witnesses that saw it given.
1. Really, we should require even the Tofes to be
written Lishmah (as a decree, on account of the
Toref); Chachamim were lenient, to enable scribes to
start writing Gitin before the husband requests one.
2. R. Yehudah says that all are invalid - he decrees
that the Tofes of a Get must be written Lishmah, on
account of the Toref;
i. He decrees this by other documents as well, on
account of Gitin.
3. R. Elazar says that all are valid, except for Gitin
of divorce - he decrees that the Tofes must be
written Lishmah, on account of the Toref;
i. He does not decree by other documents, on
account of Gitin.
4. (Mishnah): As it says, "He will write for her".
5. Question: But the Torah only required he write the
6. Answer: The Mishnah means, because it says, "He will
write (the Toref) for her" - Lishmah (R. Elazar
requires even the Tofes to be Lishmah).
2) THE DATE ON A GET
7. Contradiction: R. Elazar contradicts himself (Rav
Yehudah established the first Tana to be R. Elazar -
and he does not require the Tofes to be Lishmah)!
(k) Answer #2 (To question (i) - R. Shabsi): The enactment is
to avoid quarrels; is as R. Meir, who says that a Get is
empowered by the witnesses that signed it.
8. Answer: Tana'im argue regarding the opinion of R.
1. Really, even the Toref should not need to be written
(l) Answer #3 (Rav Chisda): The enactment is to prevent Igun
(a situation in which a woman cannot remarry).
i. It is an enactment not to write the Toref until
the husband requests a Get, lest a woman hear a
scribe writing a Get with her name. She will
think that her husband requested the Get, and
she will quarrel with her husband.
1. Some explain, this is as R. Meir; others say, it is
as R. Elazar.
2. Some explain, this is as R. Meir, who says that a
Get is empowered by the witnesses that signed it -
really, even the Toref should not need to be written
i. We require the scribe to delay writing the
Toref until requested, for sometimes the
husband gets angry, and if a Get is already
written he will divorce her immediately, and
she may have difficulty remarrying.
3. Some explain, this is as is as R. Elazar, who says
that a Get is empowered by the witnesses that saw it
given - really, even the Tofes should need to be
i. We allow scribes to write Tofsim before the
husband requests, for sometimes the husband is
going abroad and wants to divorce his wife, but
he does not have time to wait for a full Get to
ii. If the scribe did not have Tofsim ready, he
would leave without divorcing her.
(a) (Mishnah): (He must delay writing) the date.
(b) The Mishnah does not specify - apparently, this applies
whether he divorces her from engagement or from Nisu'in.
1. We understand, if there was Nisu'in, the date is
needed, whether the reason for the date is to
prevent the husband from (fraudulently) saving her
from being killed for adultery, or to prevent him
from taking fruits of her property that he is not
(c) (Ze'iri): The law is as R. Elazar.
2. If the Get is from engagement - we understand why
the date is needed according to the opinion that the
date is to prevent saving her from being killed;
3. Question: According to the opinion that it is to
prevent him from stealing her fruits - an engaged
groom has no rights to fruits (why is the date
4. Answer (Rav Amram): Ula said, it is an enactment on
behalf of the child - I did not understand this
answer at first.
i. (Beraisa): A man said 'Write a Get to my
engaged wife - after Nisu'in, I will divorce
her' - the Get is invalid.
ii. (Ula): This is a decree, lest people will say
that he divorced her before she became pregnant
from him (since the Get mentions that she is
only engagement, people will assume that he
divorced her during engagement).
iii. (Rav Amram): Similarly, it was decreed to put
the date even on a Get written for an engaged
woman, lest (he will give it after Nisu'in and)
people will think that she became pregnant from
him after the divorce.
(d) Question: Even regarding other documents (that the Tofes
may be written in advance)?
1. But Rav Papi taught, if a validation of a document
was written before verification of the signatures by
the witnesses, the validation is invalid.
(e) Answer: Rav Papi's law is wrong.
2. The reason is, it appears false (a validation says
that the witnesses (already) confirmed the
signatures); also, writing a monetary document
without the request of the borrower/seller appears
1. (Rav Nachman): According to R. Meir, if a man finds
a Get (with the names of he and his wife) in the
trash, if he had it signed and gave it, it is valid.
2. Chachamim only argue on R. Meir regarding Gitin of
divorce, since they must be written Lishmah - they
admit regarding monetary documents.
i. (R. Asi): A document was written for a loan;
the loan was payed up. The borrower borrowed
the same sum again from the lender - the
original document is invalid for the second
loan, since its power to obligate the borrower
to pay was nullified when the first loan was
ii. If not for the fact that its power was
nullified, the document could be used again -
we are not concerned that it looks false (it
was written for a different loan).