Gitin - Daf 19
- Writing on top of writing regarding Shabbos and get
The Gemara brings a discussion regarding writing on top of writing as it relates to Shabbos and a get. המעביר דיו על גבי סיקרא בשבת– One who traces black ink over two letters of red dye on Shabbos, Rebbe Yochanan and Reish Lakish say he is liable for two transgressions, once for writing with the black ink, and once for erasing the red dye. If he covered black ink with black ink, or red with red, there is no transgression, since the writing has not been changed. סיקרא ע"ג דיו – If he covered black ink with red dye, some say he is liable, because the covering of the black ink is like erasing it (but he is not liable for writing, since the previous writing was a higher quality). Some say he is exempt, because מקלקל הוא – it is destructive to reduce the quality of the writing (whereas Biblically prohibited erasing is for the purpose of writing afterwards in its place). Reish Lakish asked Rebbe Yochanan if witnesses who do not know how to sign their names on a get could have their names written for them in red dye, upon which they would trace with black ink. Rebbe Yochanan said they could not, and Reish Lakish protested that Rebbe Yochanon himself had ruled such a case liable for Shabbos, so he must consider it writing. Rebbe Yochanan responded: וכי מפני שאנו מדמין נעשה מעשה – Because we think theoretically that it is considered writing, we should act practically that way?
- Options for witnesses who do not know how to sign their names
The Gemara discusses options for witnesses who do not know how to sign. Rav said: מקרעין להם נייר חלק וממלאים את הקרעים דיו – We etch their names on paper, and they fill the etchings with ink. Shmuel said: באבר – We write their names with lead, and the witnesses trace over them with black ink. The Gemara clarifies he meant a piece of lead, as opposed to water mixed with ground lead, which would qualify as true writing. Similarly, Rebbe Abahu suggested tracing with gallnut juice, but only on a paper which was prepared with gallnut juice, on which the first writing will not stand out. Rav Pappa suggested using saliva and instructed a witness to use this method. The Gemara will bring a Baraisa in support of Rav’s method. The Gemara notes that this leniency was only allowed for gittin, to protect women from becoming agunos, but not for any other documents. Rav Kahana had someone whipped for using this method for another document.
- A man gives his wife a get on an apparently blank paper
Shmuel said: נתן לה נייר חלק – If one gave [his wife] what appeared to be a blank paper, ואמר לה ה"ז גיטיך – and said to her, “Here is your get,” מגורשת חיישינן שמא במי מילין כתבו - she is divorced, because we suspect that he wrote it with gallnut juice, which was subsequently absorbed into the paper. This is challenged from a Baraisa which teaches that a woman who received a get and threw it into the sea or fire, and then the husband claimed it was a different type of document, he is not believed, and she is divorced. This implies that she is only divorced if there was clearly writing on the document, but if it was apparently blank, she would not be divorced!? The Gemara answers that in Shmuel’s case the paper is tested with a dye which would cause absorbed gallnut juice to surface, and if it does, she is divorced. The Gemara still asks, perhaps the juice was already absorbed at the time he handed her the get, and it was invalid? It concludes that Shmuel only meant that there is a concern she is divorced (and forbidden to a Kohen when her husband dies), but it is uncertain.
