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GITIN 70

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SUMMARY If someone instructs witnesses to write a Get for his wife and after he is possessed by Kordaikus he instructs them not to write it we don't pay any heed to his retraction.   Reish Lakish says that we immediately write the Get and give it to his wife even while he is till possessed by Kordaikus. (1)   Rebbi Yochanan holds that the Get may not be given until he is no longer possessed by Kordaikus. (2)   The cure for a person who is possessed by Kordaikus is red meat cooked over coals and diluted wine.   If a person is mortally wounded and he indicates that he wants a Get to be written for his wife it shall be written and given.   If a person's trachea and esophagus was mostly cut and he flees one may testify that he died and his wife may remarry.   If b'Shogeg someone cuts a person's trachea and esophagus he does not go into Galus (exile). (3)   If the victim was in a marble house or did not shudder after his trachea and esophagus was cut b'Shogeg it is a Machlokes if the perpetrator must go into Galus. (4)   If someone becomes mute and we ask him if he wants to write a Get for his wife and he nods his head in consent we test him and if his mental facilities are in order we write the Get.   Rebbi Nachman says that we ask him two questions that the answer is no and one question that the answer is yes and than one question that the answer is no and two questions that the answer is yes.   Rebbi Yishmael says that we ask him if he wants winter fruit in the summer or summer fruit in the winter. A BIT MORE 1. Reish Lakish compares his status to a person who is sleeping and therefore even though he is possessed by Kordaikus the Get may be given.   2. Rebbi Yochanan compares his status to that of an insane person and therefore the Get may not be given until he is back to his normal self.   3. Because of the concern that the wind had an adverse effect on the wound and contributed to his death or because the victim shuddered after he was wounded and the shuddering contributed to his death.   4. According to the reason that the wind contributed to his death he goes into Galus if he was killed in a marble house because there is no wind in a marble house. According to the reason that his shuddering contributed to his death if he didn't shudder his perpetrator goes into Galus.

BRIEF INSIGHT CHIYUVGALUS   If a person cuts b'Shogeg someone's trachea and esophagus he does not go into Galus, if he doesn't die immediately, because of the concern that the wind or the victim's shuddering contributed to his death. Tosfos says that these reasons only apply to someone who kills b'Shogeg, because there is a special Gezeiras ha'Kasuv regarding a person who did not die immediately just as there is a Gezeiras ha'Kasuv regarding someone who kills Derech Aliyah. However someone who kills b'Mezid is Chayav even if the victim doesn't die immediately even if the wind or his shuddering contributed to his death. QUICK HALACHAH GET FROM A DRUNK   If someone was possessed by a bad spirit and he instructed that a Get shall be written for his wife it is meaningless because he mind is not lucid. The same is true regarding a person who is drunk to the extent of the drunkenness of Lot. If he is drunk but not to the extent of the drunkenness of Lot it is a Safek if he may instruct witnesses to write a Get. If someone instructs witnesses to write a Get and he is than possessed by a bad spirit, we wait until he gets better and than we write the Get and give it to his wife and it is not necessary to consult with him before giving the Get. If the Get is given before he gets better it is Pasul. (Rambam Hilchos Gerushin 2:14, 15)

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