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Why does the messenger delivering a get need to declare "befanei nichtas ufanei nichtas"? The shiur analyzes the machloket Rav and Rava about whether the concern is forgery or lack of lishmah, examining when this declaration is required and when two witnesses can authenticate the get without it. The sugya reveals deep questions about whether a get must be a cheftza of sefer keritut or simply a kinyan mechanism.
This shiur analyzes Gittin 2a, focusing on the fundamental requirements for a valid get (bill of divorce) and the declaration of "befanei nichtas ufanei nichtas" that must be made when delivering a get from outside Eretz Yisrael. Rabbi Zweig begins by establishing that there are two distinct halachic dimensions to a get: the din of kinyan (acquisition/transfer mechanism) and the din of sefer keritut (document of severance). The requirement that the get be written lishmah (specifically for this husband and wife) relates to the sefer keritut aspect, not merely to hilchos kinyanim. The Gemara (גמרא) presents a fundamental debate between Rav and Rava regarding why a messenger bringing a get from outside Eretz Yisrael must declare "befanei nichtas ufanei nichtas" (written and signed in my presence). According to the havah amina of the Gemara, there is a genuine concern that the get might not have been written lishmah, since people outside Eretz Yisrael may not know this requirement. However, the maskana (conclusion) is that everyone knows the law of lishmah, so the only concern is that the husband might try to be motzi laaz (cast aspersion) on the get by falsely claiming it wasn't written properly. The declaration prevents this by establishing that the messenger witnessed the writing.
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Gittin 2a
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Why does the Gemara present a kal v'chomer for chuppah making kiddushin based on kesef not being maichel b'terumah, only to reject it? The shiur reveals that even the rejected kal v'chomer establishes a fundamental yesod: kiddushin is a kinyan for ishus (marital relationship), not merely a kinyan in hilchos kinyanim. The second kal v'chomer—from chuppah being gomeres—raises Tosafos's famous question.
Is the kesef used in kiddushin a true kinyan (acquisition), or merely a symbolic means of establishing marriage? The shiur analyzes multiple interpretations of the Gemara's derivation from ki yikach ki'ach mi'Sayeffron, exploring whether marriage constitutes ownership, and develops three fundamental approaches: (1) The Gemara proves ishus is a kinyan, (2) ishus is not a kinyan but uses kinyan-like means, or (3) ishus is a kinyan but the kesef may not be a ma'aseh kinyan. The Rambam's position—calling kesef "midivrei sofrim"—is explained as distinguishing between cross-referencing concepts versus borrowing terminology.
Why does the Mishna alternate between the language of "kinyan" (acquisition) and "kiddushin" (sanctification) when describing marriage? The shiur develops a fundamental distinction: marriage has two separate aspects—a kinyan dimension (ownership) and a kedusha dimension (sanctified relationship). Either aspect can initiate the bond, and understanding this dual nature resolves multiple textual and halachic questions throughout the sugya.
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