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 23
GITIN 23 (7 Adar) - has been dedicated by Rav David Sheinfeld in
memory of his father in law, Ha'Rav Ha'Gaon Rav Shaul David
ben Moreinu Ha'Rav Alter Yozfa Ha'Kohen ZT'L, Av Beis Din of
Prushkov (near Warsaw), examiner for Yeshivas Chachmei Lublin
and close disciple of ha'Gaon Rav Meir Shapiro, and Rav of
Congregation Degel Israel (presently in Kew Gardens Hills,
1) WHO MAY WRITE A GET
(a) (Mishnah): Anyone may write a Get, even a deaf person,
lunatic or minor.
2) AGENTS FOR GIVING A GET
(b) A woman may write her own Get, a husband can write the
receipt (in which his wife admits that she received the
Kesuvah), since a document is only validated through its
(c) (Gemara) Question: Why is the Get of a deaf person,
lunatic or minor valid - they lack understanding!
(d) Answer #1 (Rav Huna): The case is, an adult supervises
1. Question (Rav Nachman): If so - would adult
supervision enable a Nochri to write a Get?!
(e) Answer #2 (To question 3:c (22B) - Rav Nachman): (The
Mishnah is as R. Meir;) according to R. Meir, even if a
Get was found in the trash, if it was signed and given it
i. If you will say it does - but a Beraisa says
that if he writes it, it is invalid!
2. Answer: A Nochri is different - he writes for his
own reason (but a deaf person, lunatic or minor
writes according to what the adult tells him).
3. Retraction (Rav Nachman): I erred - since a Mishnah
says that a Nochri cannot be an agent to give a Get,
we infer that he can write one.
4. Question: But a Beraisa says that if he writes it,
it is invalid!
5. Answer: That Beraisa is as R. Elazar, who says that
a Get is empowered by the witnesses that saw it
given, and the Get must be written Lishmah (for the
sake of the woman being divorced).
i. Clearly, a Nochri writes for whomever he wants,
and it is not Lishmah.
1. Question (Rava - Beraisa): "He will write for her" -
(f) Answer #3 (To question 3:c (22B) - Rav Yehudah): A deaf
person, lunatic or minor may write the Tofes, but a
proper adult must write the Toref; the Mishnah is as R.
i. Suggestion: This refers to writing the text of
2. Answer #1 (Rav Nachman): No - it refers to the
signatures of the witnesses (they must sign
3. Question (Rava - Beraisa): Any Get written without a
particular woman in mind is invalid.
4. Answer #1 (Rav Nachman): It means, any Get signed
without a particular woman in mind is invalid.
5. Question (Rava - Beraisa): When he writes it, it is
as if he writes it Lishmah.
6. Suggestion: This means, when he writes the Toref
(essential part) Lishmah, it is as if he writes the
Tofes (the standard part which is the same on every
7. Answer #1 (Rav Nachman): No - It means, when he has
witnesses sign the Get Lishmah, it is as if he wrote
8. Answer #2 (To all 3 questions - Rav Nachman): These
Beraisos are as R. Elazar (who requires a Get to be
(g) (R. Zrika, citing R. Yochanan): The Mishnah is as R.
Meir; it teaches that a Get need not be Lishmah at all.
(h) Contradiction: But Rabah bar bar Chanah cited R. Yochanan
as saying that the Mishnah is as R. Elazar!
(i) Resolution: Amora'im argue regarding R. Yochanan's
(a) (Mishnah): Anyone may be an agent to bring (i.e. give) a
Get, except for a deaf person, lunatic or minor, a blind
person, or a Nochri.
3) CAN SLAVES BE AGENTS?
(b) If a minor was made an agent, and became an adult (and
then gave it); a deaf, blind or insane person, and he
became healthy; a Nochri and he converted - the Get is
(c) If a healthy adult was made an agent, and he became deaf,
blind or insane, and he became healthy again (and then
gave it), the Get is valid.
1. The rule is: whenever the agent was intelligent when
appointed and when he gives it, it is valid.
(d) (Gemara): We understand why a deaf person, lunatic or
minor are invalid - they lack intelligence.
1. We understand why a Nochri is invalid - divorce does
not apply to him.
(e) Question: Why can't a blind person be an agent?
(f) Answer #1 (Rav Sheshes): Because he doesn't know who gave
it to him, and to whom he gives it.
(g) Objection (Rav Yosef): If a blind person cannot recognize
people - how is a blind man permitted to have relations
with his wife (perhaps it is another man's wife)? How is
anyone permitted to have relations at night (when he
1. You must say, he can recognize people by their
voices - therefore, he could recognize the giver and
receiver of a Get!
(h) Answer #2 (Rav Yosef): The Mishnah speaks of a Get from
Chutz La'aretz; the agent must say it was written and
signed in front of me, and a blind person cannot say
(i) Question (Abaye): If so, a seeing person that was made an
agent, and became blind - he should be able to give the
(j) Answer (Rav Yosef): That is correct!
(k) Question (Abaye): But the Mishnah says - if a seeing
person was appointed, and he became blind, and he became
healthy again, the Get is valid - we infer, had he not
returned to health, it would be invalid!
(l) Answer (Rav Yosef): Really, even if he remained blind it
is valid. The Mishnah said that he returned to health for
parallel structure to the case of going insane, where it
is only valid if he returns to sanity.
1. Support (Rav Ashi): The end of the Mishnah supports
this: whenever the agent was intelligent when
appointed and when he gives it, it is valid.
i. It does not say, the agent must be qualified
when appointed and when he gives it - we hear,
it is valid even if he is blind when he gives
(a) Question: Can a slave be an agent to receive a Get of
(b) Answer #1 (R. Ami): The Mishnah only disqualifies a
Nochri - we infer, a slave can be an agent.
(c) Answer #2 (R. Asi): He cannot be an agent, since
engagement and divorce do not apply to him.
4) WOMEN SUSPECTED OF LYING
(d) Question (R. Elazar): If his only disqualification is
that engagement and divorce do not apply to him - this
implies, by something which applies to him, he can be an
1. But Terumah applies to Nochri and Kusim, yet they
cannot be agents to separate Terumah!
(e) (R. Chiya bar Aba, citing R. Yochanan): A slave cannot be
an agent to receive a Get of divorce, since engagement
and divorce do not apply to him.
i. (Mishnah): A Nochri or Kusi that separated
Terumah on his own produce - it is Terumah.
2. Suggestion: The reason is, it says "Also you" (by
the source for making an agent) - the agent must
resemble the one who appoints him, he must also be a
ii. (Mishnah): A Nochri separated Terumah on the
produce of a Yisrael - even if he was
authorized to do so, it does not become
3. Answer (d'Vei R. Yanai): No - the agent must
resemble the one who appoints him, he must also be
in the covenant of circumcision.
1. Even though a Beraisa teaches: A man told his slave:
'You remain a slave, your child is free' - if she
was pregnant, she acquires freedom on behalf of the
(f) Question: What is the connection? The reason a slave
cannot be an agent to receive a Get of divorce (because
engagement and divorce do not apply to him) does not
apply to receiving a Get of freedom!
(g) Answer (Rav Shmuel bar Yehudah): R. Yochanan teaches 2
laws. (A slave cannot be an agent to receive a Get of
divorce, and the following.)
1. A slave can receive a Get of freedom on behalf of a
slave of a different master, but not for a slave of
2. Question (Beraisa): A man told his slave...she
acquires freedom on behalf of the fetus!
3. The answer to this was said by 2 giants of the
generation - R. Zeira and R. Shmuel bar R. Yitzchak.
i. One said: the Beraisa is as Rebbi, who says
that one who frees half his slave, this takes
ii. The other said: Rebbi holds that a fetus is
considered part of his mother; freeing the
fetus is like freeing a limb of the mother.
(a) (Mishnah): The following relatives of a woman (Sarah) are
suspected to hate her: her mother-in-law; the daughter of
her mother-in-law; her co-wife; her husband's brother's
wife; and her husband's daughter (from another woman).
Any of these is not believed to say that Sarah's husband
died, perhaps they are lying, intending that Sarah will
remarry and suffer awesome punishment. Such relatives are
believed to bring a Get to Sarah.
1. Question: Why are they believed by a Get, but not to
say that the husband died?
(b) A woman can bring her own Get; she must say 'It was
written and signed in front of me'.
2. Answer: The Get she holds proves that she is not
(c) (Gemara - Beraisa) Contradiction: Just as these relatives
are not believed to say that her husband died, they are
not believed to bring her Get.
(d) Answer #1 (Rav Yosef): Our Mishnah speaks of a Get
brought within Eretz Yisrael - since the messenger does
not need to make a declaration, the relative is believed;
1. The Beraisa speaks of a Get brought from Chutz
La'aretz - since the messenger must say 'It was
written and signed in front of me', the relative is
(e) Question (Abaye): Just the opposite! Regarding a Get
brought within Eretz Yisrael, if the husband comes and
denies having sent the Get, we will suspect that is true
(since no declaration was made), - the relative should
not be believed, perhaps she wants to make Sarah stumble.
1. By a Get brought from Chutz La'aretz - since the
messenger must say 'It was written and signed in
front of me', the husband will not be heeded if he
denies having sent the Get, the relative should be
(f) Support (for Abaye - Beraisa - R. Shimon ben Elazar): A
Kal va'Chomer teaches that a woman is believed to bring
her own Get.
1. The relatives that are not believed to say that
Sarah's husband died are believed to bring Sarah's
Get - Sarah herself, who is believed to say that her
husband died, all the more so she should be believed
to bring her own Get.
(g) (Rav Ashi): The Mishnah also supports Abaye - it says, a
woman can bring her own Get, just she must say 'It was
written and signed in front of me' - this shows, the
Mishnah speaks of a Get from Chutz La'aretz.
2. Since the source for Sarah bringing her own Get is
from a suspected relative, and the relative would
have to say 'It was written and signed in front of
me' - Sarah herself must say this, too.