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 64
GITIN 64 & 65 - Sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel.
May Hashem bless them with many years of Simcha, health and fulfillment, and
may they see all of their children and grandchildren follow them in the ways
of Torah and Yir'as Shamayim!
1) WITNESSES REQUIRED FOR DIVORCE
(a) (Mishnah): A woman told a messenger 'Receive my Get for
me' - to remarry, she needs 2 pairs of witnesses:
2) MAY WE RELY ON A MESSENGER TO FULFILL HIS MISSION?
1. 2 witnesses must testify that they heard her command
(b) (Gemara) Question: Reuven gave a Get to Shimon. Reuven
says, he only asked him to watch it; Shimon says, Reuven
told him to give it to Reuven's wife - who is believed?
2. 2 witnesses must testify that they saw the messenger
receive the Get and tear it up.
i. The same 2 people can be used for both.
3. Or, 3 witnesses may testify - 1 saw the command, 1
saw the reception and tearing, and 1 saw both.
(c) Answer #1 (Rav Huna): Reuven is believed.
(d) Answer #2 (Rav Chisda): Shimon is believed.
1. Rav Huna believes the husband - if he wanted to
divorce his wife, he would have given it himself!
(e) Question (R. Aba, against Rav Huna - Beraisa): A
plaintiff's admission is as 100 witnesses; the third
party (by whom the document was deposited) is believed
more than either party in the case.
2. Rav Chisda says that Shimon is believed - by Reuven
giving him the Get, he trusted him; he gave him the
Get for whatever Shimon will say.
1. If the 2 parties argue, we go by what the third
(f) Answer: Money matters are different - there, we can say
that by trusting him with the document, they forfeited
(g) Question (Beraisa): The same applies to Gitin.
(h) Answer: It means, monetary documents.
(i) Question (Beraisa): The same applies to documents. (So
'Gitin' must refer to documents of divorce!)
(j) Answer: These are 2 separate Beraisos teaching the same
thing (monetary documents).
(k) (Mishnah): A woman told a messenger 'Receive my Get for
me' - to remarry, she needs 2 pairs of witnesses: 2 that
heard her command the messenger, and 2 that saw the
messenger receive the Get and tear it up.
1. Question: Why are witnesses needed - why can't we
believe the messenger?
(l) (Rabah): Rav Huna admits, if she says that the messenger
told her that he was authorized to give the Get, she is
2. Answer: He is only believed when he is holding the
3. Question: We understand why she needs witnesses that
heard the command; why does she need witnesses that
saw him get the Get?
4. Answer (Rava): The Mishnah is as R. Eliezer, who
says that a Get is empowered by the witnesses that
saw it given.
5. Question: Why would they tear the Get?
6. Answer (Rav Yehudah): This Mishnah was taught when
there were decrees (by the Nochrim) forbidding Gitin
(and other Mitzvos).
(m) Objection: It cannot be that the messenger is not
believed to say this, but she is believed to say it in
(n) Correction: Rather, if she says that she saw her husband
authorize the messenger to give it, she is believed, for
she could have said that she received it from her husband
(and had she made this latter claim, she would be
(o) (R. Yochanan): Reuven says that he told the messenger to
give the Get; the messenger says that he gave it; she
says that she received it and lost it - matters involving
marriage require 2 witnesses; since we do not have 2
witnesses, we cannot permit her to remarry.
(p) Question: Why can't we believe the messenger?
(q) Answer: He is only believed when he is holding the Get.
(r) Question: Why can't we believe the husband?
1. (R. Chiya bar Avin): A man says that he divorced his
wife - he is believed.
(s) Answer: The husband does not know if the Get was given.
(a) Question: Why can't we rely on the Chazakah that a
messenger fulfills his mission?
1. (R. Yitzchak): Levi told Shimon 'Engage a woman to
me'; Shimon went away and died. Levi is forbidden to
marry any woman, because there is a Chazakah that a
messenger fulfills his mission (we must be
concerned, perhaps Shimon engaged (to Levi) the
sister (or another close relative) of whomever Levi
wants to marry)!
(b) Answer: We do not rely on the Chazakah to be lenient,
only to be stringent.
3) ACQUISTIONS OF MINORS
(c) Question: Why can't we believe Reuven's wife (that she
received and lost the Get)?
1. (Rav Hamnuna): A woman that says to her husband 'You
divorced me' is believed - it is established, a
woman could not be so brazen to lie to her husband
(d) Answer: Here is different, for the messenger supports her
- this enables her to lie.
(a) (Mishnah): An engaged Na'arah - she or her father may
receive her Get;
1. R. Yehudah says, the Torah never authorizes 2 people
for the same mission - only her father may receive
(b) Any girl that cannot guard her Get cannot be divorced.
(c) (Gemara): On what do they argue?
(d) Answer: Chachamim say that the Torah gave her an
additional way to receive her Get (i.e. through her
father); R. Yehudah holds, her own power to receive does
not work when in her father's jurisdiction.
(e) (Mishnah): Any girl that cannot guard her Get cannot be
(f) (Beraisa): A minor can be divorced only if she knows to
guard her Get;
1. What is considered knowing to guard her Get? If she
guards her Get and something else.
(g) Question: What does this mean?
(h) Answer #1 (R. Yochanan): She guards something else
thinking it is her Get.
(i) Objection (Rav Huna bar Mano'ach): That is a lunatic!
(j) Answer #2 (Rav Huna bar Mano'ach): Any girl that can
distinguish between her Get and something else.
(k) (Rav Yehudah, citing Rav Asi): A child that will discard
a rock but keep a nut - he can acquire for himself, but
not for others;
1. If one can deposit an item by him, and he will
return it later - he can acquire for himself and for
(l) (Shmuel): Both of those children have the same law.
(m) Question: What does Shmuel mean?
(n) Answer (Rav Chisda): Either can acquire for himself, but
not for others.
(o) Question (Rav Chinena Vardan (against Rav Chisda) -
Mishnah): To make an alleyway considered a shared domain
(to allow carrying on Shabbos), one designates a barrel
of wine to be for all members of the alley; he has
someone acquire on their behalf;
1. The following may acquire: the man's adult son or
daughter, his Yisrael male or female slave.
(p) Answer: The law of joining an alleyway is Rabbinical,
Chachamim were lenient to allow her to acquire, but
mid'Oraisa, she cannot acquire.
2. Question: What is the case of his female slave?
i. Suggestion: If she brought hairs (and became a
Na'arah) - she is free, she is not his slave!
3. Answer: Rather, she is still a minor, and the
Mishnah says that she may acquire for others!
(q) (Rav Chisda): Rav Chinena was silent.
(r) Question: What could he have said?
(s) Answer: All decrees of Chachamim were patterned on