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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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.


(a) If a busy Sofer writes standard documents in advance, what three items does the Tana Kama of our Mishnah require him to omit and to leave blank on all document?

(b) When writing documents of debt, he must also leave a blank space for the amount. What additional space must he leave when writing a document of sale?

(c) With regard to the latter two, it is obvious that he is obligated to leave a blank space for the date, because otherwise, the Sh'tar will be predated.
But why should he not be permitted to fill in the other details, if he anticipates that they will soon come to him for a Sh'tar?

(d) Rebbi Yehudah is very strict. He invalidates all the documents in the Mishnah, even if the Sofer did leave the blank spaces required by the Tana Kama.
What does Rebbi Elazar say?

(a) What else is the Sofer obligated to leave blank, according to Shmuel?

(b) Who is the author of our Mishnah?

(c) This is the third Mishnah that Shmuel has established like Rebbi Elazar: 1. 'Ein Kosvin bi'Mechubar le'Karka. Kasvo bi'Mechubar ... '; 2. 'ha'Kol Kesheirin Lichtov'; 3. 'ha'Kosev Tofsei Gitin'.
If he had established ...

  1. ... only the first Mishnah like Rebbi Elazar, why might we have thought that the author of the second Mishnah is nevertheless Rebbi Meir?
  2. ... the second Mishnah like Rebbi Elazar, why might we have thought that the author of the third Mishnah is nevertheless Rebbi Meir?
(a) What does the Tana of our Mishnah mean when he writes 'Mipnei ha'Takanah'? Which concession is he referring to and for whose benefit was it?

(b) Rebbi Yehudah does not hold of Takanas Sofrin at all, forbidding the writing of both the Toref and the Tofeis of all Sh'taros.
What is the reasoning of Rebbi Elazar? Why does he forbid the Tofeis of Gitin but not of other Sh'taros?

(c) What is wrong with the D'rashah 'she'Ne'emar "ve'Kasav Lah" 'li'Sh'mah' that Rebbi Elazar brings to forbid writing the Tofeis of a Get?

(d) How do we amend the wording of our Mishnah to answer the Kashya?

Answers to questions


4) How do we reconcile Rebbi Elazar in the Reisha of our Mishnah, who permits a Sofer to write Tofsei Gitin, with Rebbi Elazar in the Seifa who prohibits him from doing so?


(a) Rebbi Shabsi Amar Chizkiyah establishes our Mishnah like Rebbi Meir. How does he then explain 'Mishum Takanah'?

(b) Rav Chisda Amar Avimi explains 'Mishum Takanah' to mean because of Takanas Agunos, either according to Rebbi Meir (like Rebbi Shabsi) or according to Rebbi Elazar (like Shmuel).
How will we explain it according to ...

  1. ... Rebbi Meir?
  2. ... Rebbi Elazar?
(a) Our Tana lists the date among the blank spaces that the Sofer must leave on the Get.
Is there any difference between the Get of a married woman and of one who is betrothed?

(b) What is the problem with this?

(c) From when is a man authorized to eat the Peiros of his wife's property?

(a) Rav Amram heard from Ula that the reason for inserting the date in the Get of an Arusah is because of Takanah V'lad, but he did not know what he meant.
What *did* he mean?

(b) In which connection did Ula make this statement?

(a) Rebbi Zeira quoting ... Rav rules like Rebbi Elazar.
Which ruling of Rebbi Elazar is he referring to? How did Rav refer to Rebbi Elazar?

(b) What did Rav Papi in the name of Rava say with regard to a Sh'tar that was certified by Beis-Din in advance of the witnesses testimony?

(c) When Rav issues his ruling like Rebbi Elazar, does it also incorporate Rebbi Elazar's opinion regarding other Sh'taros besides Gitin? What did he say there?

(d) Why does Rav Papi quoting Rava then clash with Rav?

(a) What did Rav Nachman quoting Rebbi Meir say about a Get that was found in a trash-heap?

(b) How does Rebbi Meir's statement substantiate Rav's ruling like Rebbi Elazar with regard to other Sh'taros, and prove Rav Papi quoting Rava wrong?

(c) But how can we bring a proof from Rebbi Meir, when the Rabbanan disagree with him.

(d) We substantiate this with a statement by Rebbi Asi Amar Rebbi Yochanan. What does Rebbi Asi Amar Rebbi Yochanan say regarding using the Sh'tar again in the case of a loan that was already paid re-paid? How does this prove our previous statement?

Answers to questions

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