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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

Gitin 2

GITIN 2 - The first Daf in Maseches Gitin has been sponsored by Alex and Helen Gross of Rechavya, Jerusalem, builders of a home molded by dedication to Torah and Torah study. May the Torah always protect them and their family!



(a) When a Shelia'ch brought a Get from another country, when handing it over to the woman - he was obligated to declare 'be'Fanai Nichtav u'be'Fanai Nechtam'.

(b) The Tana is talking specifically about - the husband's Shelia'ch (a Sheli'ach le'Holachah), and not the wife's (a Sheli'ach le'Kabalah).

(c) 'Medinas ha'Yam' - comprises any country outside Eretz Yisrael other than Bavel.

(d) The Machlokos involving the Tana Kama, Raban Gamliel and Rebbi Eliezer will be explained in the course of the Sugya. The Chachamim say that if a Sheli'ach brings a Get from Chutz la'Aretz to Eretz Yisrael or vice-versa - he is obligated to declare 'be'Fanai Nichtav u'be'Fanai Nechtam'.

(a) The Tana obligates even a Sheli'ach who brings the Get from one state to another within the same country to say 'be'Fanai Nichtav ... ". Raban Shimon ben Gamliel goes even further - incorporating even a Sheli'ach who brings a Get from one section of a state to another, if they are governed by two different mayors.

(b) Rebbi Yehudah lists the border towns of Eretz Yisrael in this regard as Rekem on the eastern border, Ashkelon on the south and Acco on the north.

(c) According to Rebbi Yehudah, the three towns themselves are all considered outside the borders. Rebbi Meir maintains - that Acco is like Eretz Yisrael.

(d) The Tana did not include the western border - because the Mediterranean Sea is the western border.

3) In the event that, after the Get has been delivered in the correct manner in Eretz Yisrael, the husband ...
1. ... claims that it is a forgery - it must be substantiated by the witnesses whose names appear on the Get or by two other witnesses who recognize their handwriting.
2. ... does not make such a claim - the Get is Kasher, and need not be substantiated. We do not suspect that the Get is perhaps a forgery - because the Sofrim are generally experts in writing a Get Li'shmah on the one hand, and witnesses are generally available to testify on the Get's authenticity on the other.



(a) Rabah bases the need for the witness to say 'be'Fanai Nichtav u'be'Fanei Nechtam on the fact that the Sofrim of Chutz la'Aretz are not experts in writing a Get li'Sh'mah. According to Rava - it is in order to substantiate it should the husband claim it to be a forgery (to preempt the problem of finding witnesses then).

(b) One of the ramifications of the She'eilah is in a case where two Sheluchim brought the get - in which case it would no longer be necessary to declare 'be'Fanai Nichtav ... ' according to Rava, seeing as the witnesses will be able to substantiate it should the need arise; whereas, according to Rabah the problem of the Sofer not having written the Get Li'sh'mah remains.

(c) An alternative ramification would be when a witness brought a Get from one state to another in Eretz Yisrael - in which case it would be unnecessary to make the declaration according to Rabah (since the Sofrim in Eretz Yisrael were experts in writing a Get 'Lish'mah'; whereas, according to Rava, the fear that of not be able to find witnesses to substantiate the Get will be equally applicable there.

(d) The third ramification is - when a Sheli'ach brings a Get from one area to another of the same state in Chutz la'Aretz, where they are not experts in writing a Get Li'shmah, whereas finding witnesses to substantiate the Get presents no problem.

(a) We initially explain that one witness will suffice to bring the Get, according to Rabah, on the basis of the principle 'Ein Eid Echad Ne'eman be'Isurin' - like the Torah believes a Jew regarding the separation of Terumah, the Shechitah of an animal and the removal of the Gid ha'Nasheh and the Cheilev of an animal.

(b) The problem with applying it here is - that one witness is not believed against a Chezkas Isur (such as 'Chezkas Eishes Ish').

(c) We cannot prove that 'Eid Echad Ne'eman be'Isurin applies even when there is a Chazakah, from Tevel and Shechitah (which both have a Chezkas Isur) - because there he is believed even against the Chazakah because it is 'be'Yado' (i.e. it lies within his power) to rectify the Isur (which is not the case with regard to Chezkas Eishes Ish).

(d) So we classify our case as a Davar she'be'Ervah, about which Chazal have said 'Ein Davar she'be'Ervah Pachos mi'Shenayim' (every Davar she'be'Ervah requires at least two witnesses).

(a) Rebbi Meir (in Yevamos) forbids a Katan or a Ketanah to perform Chalitzah or Yibum - because of the fear that perhaps the Katan is a Saris and the Ketanah an Aylonis (even though the majority of people are not Sarisim or Aylonos).

(b) In spite of the fact that we base the Heter of employing only one Sheli'ach/witness to bring a Get on the fact that the majority of Sofrim (even in Chutz la'Aretz) are experts, this will conform with the opinion of Rebbi Meir - who agrees here that the minority of Sofrim who are not expert in writing a Get Li'shmah is so small that we do not contend with it (because it is a 'Mi'uta de'Mi'uta' [Tosfos].

(c) When all's said and done, the Rabbanan required 'be'Fanai Nichtav ... ', due to a fear that the Get may have been written 'she'Lo Li'shmah'. Nevertheless, they did not require two Sheluchim - since the Chashash (suspicion) is only mi'de'Rabbanan, the same Rabbanan were lenient with regard to permitting one Sheli'ach, in order to prevent a situation whereby the husband will not manage to find a second one, and the woman will effectively remain an Agunah.

(d) In spite of the Halachah that if only one witness brings the Get, the husband will be believed should he declare it to be forged, we consider this to be a leniency - because the Sheli'ach, who knows that he will have to present the Get in front of two or three people, will take great care to ensure that, when the husband hands him the Get, he really means to divorce his wife, and is not just out to make trouble.

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