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CHARTS FOR LEARNING THE DAILY DAF
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Gitin Chart #3
Gitin Daf 23a
WHY DOES THE MISHNAH ACCEPT A GET
WRITTEN BY A CHERESH, SHOTEH, OR KATAN?
WHO AUTHORED THE MISHNAH?
WHY DOES IT ACCEPT A GET THEY WROTE?
MAY A NOCHRI WRITE THE GET?
|| Rebbi Elazar(2)
||"Gadol Omed Al Gabav"(1)
|| The Kesivah does not have to be Lishmah
||RAV YEHUDAH IN THE NAME OF SHMUEL
|| They wrote the "Tofes," but not the "Toref"
(1) This means that an adult Jew stands over him while he writes the Get and
instructs him how to write the Get Lishmah. In this way, a Katan is able to
write the Get Lishmah.
(2) This is the straightforward understanding of the Gemara. Tosfos (22b, DH
v'Ha), however, writes that Rav Huna also maintains that the Mishnah follows
the opinion of Rebbi Meir, but he assumes that Rebbi Meir requires *both*
that the Kesivah and the Chasimah be written Lishmah, mid'Oraisa.
Alternatively, Rav Huna holds that Rebbi Meir requires that the Kesivah be
(3) The reason is because a Nochri writes the Get out of his own choice
("a'Da'ata d'Nafshei ka'Avid"), and he does not base his actions on
instructions given to him from someone else. Therefore Gadol Omed Al Gabav
does not help him write the Get Lishmah.
(4) According to Tosfos (above, footnote #2), Rav Yehudah in the name of
Shmuel holds that even *Rebbi Meir* requires the Kesivah to be Lishmah
mid'Rabanan. He argues with Rav Nachman who holds that Rebbi Meir permits,
l'Chatchilah, using a Get that was found in the garbage (here, and 3b).
(5) The Beraisa which invalidates a Get written by a Nochri is following the
view of Rebbi Elazar, and is referring to where there is a Gadol Omed Al
Gabav. The Get is not valid because a Nochri writes it "a'Da'ata d'Nafshei"
(see above, footnote #3). (Rashi)
(6) According to this, it is not clear why the Beraisa invalidates a Get
written by a Nochri, yet seems to validate a Get written by a Cheresh Shoteh
v'Katan. (See Insights to the Daf.)
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