Gittin 34 - 1st Day of Rosh Chodesh Tamuz - June 19, 30 Sivan - a podcast by Michelle Cohen Farber

from 2023-06-19T05:02:05

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Rav Nachman held like Rebbi on both issues - that one who cancels a get in a court, even after Rabban Gamliel's takana, the cancellation will be effective, and one can cancel some of the witnesses not in the presence of the others. A contradiction is raised against Rav Nachman , as elsewhere he rules the one needs to upholds the power of the court when it comes to dividing up the property of orphans. A distinction is made between monetary laws (orphan's property) and prohibitions (divorce). Rava and Abaye disagree about whether or not we accept gilui daat (where someone indicated his wishes but did not say them explicitly) in cases of divorce. This is one of the six cases (Y'AL K'GaM) where we hold like Abaye against Rava. The case in which they argue is when a messenger arrived with a get and the wife told him to come back tomorrow as she is busy weaving. When the messenger returns with this information to the husband, he responds, "Baruch hatov v'hameitiv," indicating that he was happy she did not receive the get, but not stating explicitly that the get was canceled. Abaye and Rava each bring cases to try to prove their position. The Gemara rules like Rav Nachman on two issues - one, that one cancels a get in front of two people and two, that we hold like Rebbi on both issues (see above). They also rule like Abaye that gilui daat is not effective in divorce. If people are known by different names in different places, originally, they would only write the name they were known as in their current city, but later they instituted that they should put in the get all the names they are known by (or perhaps just add the words "and any other name that they are known by). Rav Ashi limits this to a case where the person is known by both names in the place where the get is given (however, some understand Rav Ashi to be saying the reverse). A widow can only collect her ketuba money from orphans by taking an oath. However, the rabbis would not permit women to take oaths as they were concerned about false oaths. Therefore they instituted a takana that women could collect the money by making a vow that the orphans would agree to. Another two takanot were that witnesses need to sign a get and Hillel instituted prosbol to allow loans to be collected after the shmita year.

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