Wednesday, August 06, 2008
Essence of a Get
The Mishna (Daf Yomi: Gittin 26a) states: A scribe who writes the tofes (the text of the get, not including the names of the people and the date) of a get must leave blank spaces for the names of the man, woman and the date.
The Mishna Lamelech writes that it is necessary to write the location of the man and the woman as well.
Tosfos Yom Tov asks: Why doesn’t the Mishna mention that it the scribe is required to leave spaces blank for their locations as well?
He proves from here that the omission of the city names will not invalidate a get.
The Rashba rejects the proof by saying that perhaps it is included in that which the Mishna says: the names of the man and the woman.
It is brought in the name of Rabbeinu Tam that if their locations are omitted from the get, the get is invalid.
Proof to this is from the fact that the Mishna did not make mention of the fact that he has to leave a blank space for the words “Behold, you are permitted to any man,” and if that is not written, the get is rules to be invalid.
Tosfos writes that this precise language was not found in the earlier gittin, however, similar expressions were used and therefore, their gittin were valid.
The Ramban concludes that if this exact expression (“Behold, you are permitted to any man”) is not written in the get, the get is disqualified and if she has already remarried, she must leave that man.
The Steipler Gaon notes that the verse, sefer kerisus venasan beyadah veshilchah (a document of severance; and he shall place it in her hand and send her out) is the same numerical value as “zehu gufo shel get: harei at muteres lechal adam” (this is the essence of the get: “Behold, you are permitted to any man”).
The Mishna Lamelech writes that it is necessary to write the location of the man and the woman as well.
Tosfos Yom Tov asks: Why doesn’t the Mishna mention that it the scribe is required to leave spaces blank for their locations as well?
He proves from here that the omission of the city names will not invalidate a get.
The Rashba rejects the proof by saying that perhaps it is included in that which the Mishna says: the names of the man and the woman.
It is brought in the name of Rabbeinu Tam that if their locations are omitted from the get, the get is invalid.
Proof to this is from the fact that the Mishna did not make mention of the fact that he has to leave a blank space for the words “Behold, you are permitted to any man,” and if that is not written, the get is rules to be invalid.
Tosfos writes that this precise language was not found in the earlier gittin, however, similar expressions were used and therefore, their gittin were valid.
The Ramban concludes that if this exact expression (“Behold, you are permitted to any man”) is not written in the get, the get is disqualified and if she has already remarried, she must leave that man.
The Steipler Gaon notes that the verse, sefer kerisus venasan beyadah veshilchah (a document of severance; and he shall place it in her hand and send her out) is the same numerical value as “zehu gufo shel get: harei at muteres lechal adam” (this is the essence of the get: “Behold, you are permitted to any man”).
Posted by Avromi at 8/06/2008 03:39:00 AM
Labels: daf yomi, Gemora Gittin, gittin, mishna l'melech, rashba, sofer, Steipler Gaon, tosfos
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