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GITIN 16

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SUMMARY Nitzuk (pouring water), Katafras (stream of water on an incline) and Mashkeh Tofe'ach (moisture) do not connect for the purpose of Tum'ah or Taharah. (1)   Mashkeh Tofe'ach l'Hatfi'ach (moisture that is wet enough to make something else wet) is a connection for both Tum'ah and Taharah. (2)   The Tana Kama says that if a Mikvah contains exactly forty Se'ah and two people immerse one after the other, the first person is Tahor and the second person is Tamei. (3)   Rebbi Yehudah says that if the feet of the first person who immersed are still touching the water the second person is also Tahor. (4)   If a person immerses his head and most of his body into drawn water or if 3 Lugin of drawn water falls onto a Tahor person he is Tamei.   If a person immerses half of his body in three Lugin of drawn water and three Lugin falls on the other half of his body it is a Safek if he is Tamei.   If 9 Kavim of water falls on a Ba'al Keri who is sick he is Tahor. (5)   If a Ba'al Keri who is ill immerses half of his body in a Mikvah and 9 Kavim of water falls on the other half of his body it is a Safek if he is Tahor.   According to the first Lashon if two Sheluchim bring a Get it is not necessary to say B'Fanai Nichtav, however the second Lashon holds that they do have to say B'Fanai Nichtav.   The Tana Kama says that if two people say B'Fanai Nichtav and one person says B'Fanai Nichtam the Get is Pasul, but Rebbi Yehudah is Machshir. (6)   Ula says that if one person says B'Fanai Nichtav and one person says B'Fanai Nichtam it is also a Machlokes between the Tana Kama and Rebbi Yehudah. (7)   Rebbi Yehudah agrees that if the Shali'ach said B'Fanai Nichtam and not B'Fanai Nichtav the Get is Pasul. A BIT MORE 1. If water is poured from a Tahor utensil into a Tamei utensil the water in the Tahor utensil remains Tahor, or if water is streaming on an incline and the water at the bottom is touching Tum'ah the water at the top remains Tahor, or if there is water that is Tahor at one side of an tray and water that is Tamei on the other side and moisture connect them the water that is Tahor remains Tahor.   2. Ilfa asked a question if a person washes half of his hand and while his hand is still moist Tofach l'Hatfi'ach he washes the other half if it is a Kosher Netilah.   3. After the first person immerses the Mikvah is missing the little bit of water that is on his body and the Mikvah no longer contains the Shi'ur of forty Se'ah.   4. Because we look at it as if the water that is on the body of the first person is connected to the Mikvah.   5. Ezra decreed that a Ba'al Keri may not learn Torah until he immerses in a Mikvah, but he was lenient for a Ba'al Keri who is ill that it is enough if nine Kavim of water falls on him, even if it is drawn water.   6. According to the first Lashon only one of them is a Shali'ach and since he said B'Fanai Nichtam and not B'Fanai Nichtav the Get is Pasul even though two other people said B'Fanai Nichtav because of the concern that one may think that only one person is required to authenticate Shetaros. Rebbi Yehudah holds that the Get is Kosher because since two people say B'Fanai Nichtav even though they are not Sheluchim we will not make the mistake to be Machshir Shetaros that is authenticated by only one person. According to the second Lashon all three of them are Sheluchim and even so the Tana Kama holds that if one person says B'Fanai Nichtam and two people say B'Fanai Nichtav the Get is Pasul. The Tana Kama holds that the reason why a Shali'ach must say B'Fanai Nichtam is because of the concern of Lishmah therefore even when two Sheluchim bring a Get it is necessary to say B'Fanai Nichtam, while Rebbi Yehudah holds that the reason is because of the concern of authenticating the signatures and therefore when two Sheluchim bring a Get it is not necessary to say B'Fanai Nichtam.   7. Ula holds like the second Lashon that both of them were Sheluchim and even so according to the Tana Kama the Get is Pasul because since the Shali'ach who testified on the signature did not testify on the writing if we are Machshir we may confuse this with a regular Shtar and we may think that one witness is enough to authenticate the signatures. Rebbi Yehudah however argues because he holds that two Sheluchim who bring a Get do not have to say B'Fanai Nichtav at all either because he holds like Rava that the Shali'ach does not need to testify that the Get was written Lishmah or because he holds that after people are aware of the Din of Lishmah it is no longer necessary to testify that the Get was written Lishmah.

BRIEF INSIGHT TWO PEOPLE BRINGING A GET   According to the first Lashon if two Sheluchim bring a Get it is not necessary to say B'Fanai Nichtav. The Tosfos Rid explains that since two people brought the Get and they both testify that the husband gave them the Get, the husband will no longer be believed if he claims that the Get is not Kosher. The reason is because the word of the husband is the same as a thousand witnesses and since he gave over the Get to two Sheluchim he is admitting that it is Kosher and he is no longer believed to say otherwise. QUICK HALACHAH A MIKVAH CHASER   If a Mikvah contains exactly forty Se'ah and two people immerse one after the other, the first person is Tahor and the second person is Tamei. Even if the feet of the first person is still in the water at the time that the second person immerses he is Tamei because the Mikvah is lacking forty Se'ah at the time that the second person immerses. If a thick sponge is dipped into the Mikvah [that contains exactly forty Se'ah] and part of the sponge is till touching at the time that someone immerses in the water, he is Tahor because the water [in the sponge] is mixed in with the rest of the water in the Mikvah. (Rambam Hilchos Mikva'os 8:10)

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