Gittin - Daf 9
- Machlokes about גט שחרור where the master retains property
On the previous Daf, Rava said we can divide the acceptance of a slave’s testimony between the שחרור aspect and the monetary aspect. Rava is challenged from a Mishnah in which Rebbe Meir says: הכותב כל נכסיו לעבדו יצא בן חורין – One who writes over all his possessions to his slave, he goes free, because he is included in the master’s possessions. שייר קרקע כל שהוא לא יצא בן חורין – If [the master] retained land of any size for himself, he does not go free. The Gemara understands this to mean that if the retained property is not identified, the slave does not acquire any property out of doubt, and therefore also does not go free, because Rebbe Meir does not hold פלגינן דיבורא - we can divide a statement. Although Rebbe Shimon disagrees, Rav Nachman said the halachah is like Rebbe Meir. After proving that Rav Nachman himself holds פלגינן דיבורא, Rav Ashi explains Rebbe Meir differently: משום דלאו כרות גיטא הוא – because the separation between the slave and master is not clear in the document. Rebbe Meir actually holds that even if he did identify the retained property, the slave does not go free, because this retention suggests the possibility that he means to retain the slave as well. This (remote) possibility disqualifies the get as lacking its requisite clarity.
- Etching signatures is only permitted on a get for witnesses who do not know how to sign
The next Mishnah states: אחד גיטי נשים ואחד שחרורי עבדים שוו למוליך ולמביא – Both gittin of women and emancipation documents of slaves are the same regarding one who brings them from or to Eretz Yisroel, that בפני נכתב ובפני נחתם must be said. וזו אחת מן הדרכים ששוו גיטי נשים לשחרורי עבדים – And this is one of the ways that gittin of women are the same as emancipation documents of slaves. A Baraisa lists this as one of three similarities, as well as a fourth disputed case, which will be discussed in the coming dapim. By stating the number of the similarities, the Baraisa implies an exclusion of another case. The Gemara explains it refers to a Baraisa: עדים שאין יודעים לחתום – Witnesses who do not know how to sign, מקרעין להם נייר חלק – we etch a blank paper for them with their names, וממלאים את הקרעים דיו – and [the witnesses] fill the etchings with ink. Rabban Shimon ben Gamliel says this is only valid for gittin of women, but not for any other documents, including a גט שחרור. A special leniency was granted to protect women from becoming עגונות (if they are pressed for time and cannot obtain better witnesses).
- A גט לאחר מיתה is not effective nor is any document given after מיתה
The Baraisa listed several similarities between a get and גט שחרור. The Gemara asks that the list is not comprehensive, because a Mishnah states: האומר תנו גט זה לאשתי – One who says, “Give this get to my wife,” ושטר שחרור זה לעבדי – or “Give this גט שחרור to my slave,” ומת – and he died before its delivery, לא יתנו לאחר מיתה – they cannot give it after his death, because divorce and שחרור cannot be effected after his death. Why did the Baraisa not include this similarity between the two documents? It answers that the Baraisa only included מילתא דליתיה בשטרות – a matter that does not apply to other documents, and is unique to a get and גט שחרור, מילתא דאיתיה בשטרות לא קתני – but a matter that does apply to other documents, it did not teach. No documents (effecting acquisitions) can be delivered after death, as the Gemara demonstrates. The Gemara proceeds to ask why the Baraisa omitted several more similarities between the two.
