|
|
SUMMARY
A Get must be written Lishmah and the names of the husband and wife and city where they live must be written in the Get.
Rebbi Acha Bar Yakov says that if a Get was written she'Lo Lishmah and the Sofer wrote Lishmah new words on top of the old words it is a Machlokes Rebbi Yehudah and Rabanan. (1)
Rebbi Yehudah says that if someone intends to write the word Yehudah in a Sefer Torah instead of writing the name of Hashem and he left out the Dalet he may rewrite the name of Hashem Lishmah. (2)
The Chachamim hold that he may not rewrite the name of Hashem.
If a Get is written on something that is forbidden to derive benefit from it is Kosher.
A Get may be written on the leaf of an olive tree.
If the letters of a Get protrude from a tablet it is Pasul.
If the letters of Shtar Shichrur are woven on a hair covering or an ornament it is Pasul.
If the letters of a Get or Shtar Shichrur are imprinted it is Kosher.
The letters on the Tzitz were not imprinted but rather it protruded just like gold coins.
If the Get is imprinted on a plate of gold and he says this is your Get and your Kesuvah or he says that the remainder is your Kesuvah it counts for her Kesuvah. (3)
If the husband says to his wife this is your Get and the parchment is mine she is not divorced.
If he says on condition that you return to me the parchment it is a Kosher Get. (4)
If the husband says to his wife this is your Get and the parchment between the letters and the lines is mine it is a Safek if it is a Kosher Get. (5)
If the Get is tattooed on a servant that belongs to the husband and the wife is in possession of the servant she is not divorced according to Rebbi Meir. (6)
The person who is being Makneh a field to his friend must be the one to write the Shtar.
A BIT MORE
1. Rebbi Chisda says that maybe even the Rabanan would agree that it is Kosher to rewrite a Get Lishmah because the reason why they Pasul a Sefer Torah that the name of Hashem was rewritten is because it is not Zeh Keili v'Anveihu.
2. The name of Hashem must be written Lishmah and since he didn't write it Lishmah because he was intending to write Yehudah he should rewrite he letters again over the original letters.
3. It only counts toward her Kesuvah if he tells her that he is giving it toward her Kesuvah; but if he gives it to her without saying anything, even if the remainder is worth the amount of her Kesuvah, he must give her the Kesuvah separately.
4. Although she must return the parchment it is a Kosher Get because a gift on condition to be returned is regarded as a valid gift.
5. It is only a Safek if the letters are intertwined, otherwise it is definitely not a good Get because a Get must be one Sefer not two or three Sefarim.
6. Because a Chazakah on Godros (servants and animals) is not a Chazakah and the fact that the servant is now in her possession is not a proof that her husband gave it to her. However according to Rebbi Eliezer who holds that Eidei Mesirah are needed who testify that they saw the husband give her the Get it is a Kosher Get.
|
BRIEF INSIGHT
AN OLIVE LEAF
If a Get is written on something that is forbidden to derive benefit from it is Kosher. The Chasam Sofer asks why the Mishnah didn't state that one may write a Get on something that is Asur b'Hana'ah instead of stating that it may be written on the leaf of an olive. Although the leaf of an olive is worth less than a Perutah however if it is combined with a lot of leaves it does have some value and therefore it is a bigger Chidush that one may write a Get on Isurei Hana'ah! The Chasam Sofer answers that the Yerushalmi says that the Mishnah is teaching us a Chidush that even though the leaf of an olive is very small and the most that can be written on it is 'Ploni is divorcing Plonis' even so it is a Kosher Get.
QUICK HALACHAH
A SIMULTANEOUS GET AND KESUVAH
If the husband says to his wife this is your Get and the parchment is mine she is not divorced because it is not a Kerisus. If he says on condition that you return the parchment it is a Kosher Get but she must return it. If the Get is imprinted on a plate of gold and he says this is your Get and your Kesuvah it is Kosher and it counts for her Kesuvah, if it is equal to the value of her Kesuvah, if it does not equal the value of her Kesuvah he must pay the difference. (Rambam Hilchos Gerushin 8:14,15)
|
