ה' שבט תשע “ ו Friday, January 15 2016 גיטין ל “ ג OVERVIEW of the Daf Distictive INSIGHT גט cont.) Instructing a group to write and deliver a) גט A nullified (1 אמר לעשרה כתבו גט לאשתי R’ Nachman finishes citing the source for his position .must be nullified in the presence of two people גט that a n the Mishnah at the beginning of the perek (32a) Rabban R’ Sheishes refutes this source as proof to R’ Nachman’s I Gamliel issued a decree that a man who had appointed an agent position. to his wife may only cancel this agency in the גט to deliver a R’ Nachman suggests another source that R’ Sheishes also presence of the agent. The halacha in our Baraisa is that if a refutes. for his wife, there is a גט husband instructs ten people to write a The refutation of R’ Sheishes is unsuccessfully challenged. of two of שליחות dispute whether the husband may negate the them while not in the presence of the other eight messengers. 2) “The benefit of society” Rebbe says that he may do so, while Rabban Shimon ben Gam- R’ Yochanan and Reish Lakish disagree about the mean- liel holds that the ruling of Rabban Gamliel in the Mishnah is applied also in this case, and the husband may not nullify the .” מפני תיקון עולם “ ing of the Mishnah’s phrase Each Amora elaborates on the rationale of his position. agency of any of the ten without all of them present. Rambam writes (Hilchos Geirushin 6:18) that when the ,for his wife גט husband directs a group of ten people to write a גט Nullifying a (3 write and — כתבו ותנו גט לאשתי ”,A Baraisa presents a dispute whether a husband can nulli- the case is where he told them in violation of R’ Gamliel’s enactment. give a divorce to my wife.” Apparently, Rambam holds that only גט fy a do we גט The Gemara challenges the position of R’ Shimon ben when the husband tells the messengers to give the was nullified and out know that he wants them not only to write the document, but גט Gamliel who maintains Biblically the .is considered to also take it and bring it to the woman גט of concern for the reputation of Beis Din the explains that the case of appointing messengers גרש ירחים .valid could be where the husband simply גט The mechanism that allows Chazal to make this woman to write and deliver the if it is evident that the husband’s intent is for the ”, כתבו “ divorced is explained. said Ravina challenges this explanation. messengers to complete the process. For example, the case R’ Ashi answers the challenge. could be where the husband is about to set out to sea or with a .to be completed גט A Baraisa presents a dispute between Rebbi and R’ caravan. Here, he definitely intends for the in this case would be that although the husband is חידוש Shimon ben Gamliel whether a husband who appointed ten The can revoke the authority of some of those clearly distracted and hurried, Rebbe is of the opinion that the גט people to write a people when not in the presence of others. husband only intends to cancel the two messengers with whom The point of dispute is identified. he is speaking. We do not say that his actual intentions are to An alternative explanation of the dispute is presented. cancel all of them and due to his haste he only managed to ad- A question is asked that highlights the difference between dress the two of them. Rather, only these two agencies are can- the two different explanations of the dispute. celled, but the others remain effective. An answer to the Gemara’s inquiry from a Baraisa is sug- gested. R’ Ashi rejects this suggested resolution and proof to R’ REVIEW and Remember Ashi’s interpretation of the Baraisa is cited. ? מפני תיקון עולם The proof to R’ Ashi’s interpretation of the Baraisa is re- 1. What is the meaning of the phrase jected. _____________________________________________ . עדות שבטלה מקצתה בטלה כולה R’ Shmuel bar Yehudah reports that R’ Abba issued rul- 2. Explain ings concerning the two disputes between Rebbi and R’ _____________________________________________ Shimon ben Gamliel, and in one case he ruled like Rebbi and 3. How does the Gemara prove that the Baraisa addresses a ? (עדי הולכה) גט in the other like R’ Shimon ben Gamliel but he does not re- case of witnesses for the delivery of a call which one was which. _____________________________________________ R’ Yosef suggests a method of determining in which case 4. How did R’ Yoshiya assure that a husband would not ?for his wife גט we rule like Rebbi and in which case we rule like R’ Shimon retract his agreement to write a ben Gamliel. _____________________________________________ (Overview...Continued on page 2 ) גיטין ל “ ב — Number 1261 (Continued from page 1 ) The Gemara demonstrates that R’ Yoshiyah of Usha also HALACHAH Highlight ruled in one case like Rebbi and in the other case like R’ Reversing kiddushin Shimon ben Gamliel. Rava in the name of R’ Nachman rules in accordance ואפקעינהו רבנן לקידושין מיניה The rabbis reversed his kiddushin with the position of Rebbi in both cases. The Gemara challenges the implication of R’ Nachman’s T here was once an incident of a woman who was told by position that by ruling like Rebbi he rejects the concern for two witnesses that her husband died and she married and had a the reputation of Beis Din. child with her second husband. It later became known that her first husband was alive and according to the letter of the law she harsham’s approach, some of which are presented here. Many -from both husbands and her child is a authorities maintain that even after the rabbis reverse the origi גט must receive a mamzer. Due to various exceptional circumstances there was nal kiddushin the child still remains a mamzer on a Rabbinic additional interest in this case to find a leniency that the child level, thus the goal of saving the child from mamzer status will from the second marriage should not be classified as a mamzer. not be fully realized. Additionally, this approach only works according to Tosafos but there is a long list of authorities who להלכה Maharsham 1 wrote a responsum that he characterizes as -non - practical halacha — based on Tosafos in our maintain that the rabbis did not reverse the kiddushin and ac — ולא למעשה Gemara. Tosafos 2 writes that one could retroactively erase cording to all those opinions the child remains a mamzer even someone’s mamzer status by instructing the husband to send a on a Biblical level. Lastly, we only know that when the husband to his wife with an agent and then nullify the agent’s behaves improperly by revoking the agency of the messenger גט authority in the presence of a single witness. Once this is done can we say that the rabbis reversed the kiddushin. But in our the rabbis reverse the original kiddushin, as mentioned in our case the husband is following the instructions of Beis Din when Gemara and it emerges that she was never married to the first he revokes the agency of the messenger and there is no prece- husband and the child loses his mamzer status. dent that under such conditions the rabbis would reverse the Rav Shlomo Zalman Auerbach 3 wrote that he heard of kiddushin. For these and additional reasons he rejects the no- many instances of rabbis who entertained the possibility of im- tion that the approach of Maharsham could be implemented on plementing the ruling of Maharsham on a practical level so he a practical level. 1 . שו"ת מהרש"ם ח"א סי' ט'. took it upon himself to analyze the relevant issues to see why 2 . תוס' ד"ה ואפקעינהו -Maharsham, himself, wrote that his responsa was not to be ap 3 . שו"ת מנחת שלמה ח"א סי' ע"ו. plied as practical halacha. After a lengthy analysis of the differ- ent issues he summarized the different weaknesses in Ma- way around this problem. One talmid bear such a responsibility. They consulted STORIES Off the Daf chacham suggested that he send a mes- with the Oneg Yom Tov, zt”l, if this cal- to his wife and nullify it culation could truly salvage their broken גט senger with a Finding a Halachic way on the way. Since on today’s daf we see marriage. that the chachamim nullified the mar- “ Unfortunately, this calculation is "ואפקינהו רבנן לקידושין מיניה..." riage retroactively, this would mean that very flawed and will not permit the wom- S ometimes tragedies cause the gedolei he was never married to her. It would be an to her husband. Although you are cor- will retroactively גט hador to try and find a halachic way as if she was abused as a single girl. Since rect that giving the around serious prohibitions. Although that particular perpetrator did not make nullify their marriage halachically, the sometimes they find a halachic way, other her halachically prohibited to a kohen, Ramban writes that the sages only nulli- times there is no halachic way. she could remarry and live happily ever fied the marriage min haTorah. But midi- On one occasion, a certain kohen’s after. rabanan they are married. Sadly, even wife was anusah by a Jewish man. As eve- But this is a huge responsibility after the annulment of their marriage in ryone knows, the wife of a kohen who which this talmid chacham could not this manner, this woman would still re- since she was married גט has relations with another under any cir- bear.