Thurs Gitten 18

Tosfos asks: according to R' Yochanan that says the reason they enacted to write the date in Gitten in order to save his niece. (If he married her and she committed adultery, he writes her a Get without a date. Therefore Bais Din cannot kill her, for perhaps she was divorced when she did that act.) Nowadays where Bais Din doesn't give capitol punishment, why does he require writing the date?

Tosfos answers: either to save her children from being rendered Mamzeirim. Alternatively, to kill her when Mashiach comes, and Sanhedrin will reintroduce capitol punishment. Alternatively, to forbid her to her husband, so he can't claim they were divorced when the act took place.


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Wed Gitten 17

R' Yochanan says the reason they enacted to write the date in Gitten in order to save his niece. (If he married her and she committed adultery, he writes her a Get without a date. Therefore Bais Din cannot kill her, for perhaps she was divorced when she did that act.)

Tosfos asks: why don't we kill her. Since she was married, so we should leave her on that Chazaka and assume she was married when she did the act?

Tosfos answers: on the contrary, since we know that now she's divorced, we should assume that she was in that condition all along. Furthermore, we should leave her on a Chezkas Kashrus (assume she was like most people, fine and wouldn't commit actual adultery.)




This is the last week in the archives: If you want me to continue, please write me a line@ tosfosproject@gmail.com . If i get enough request I'll continue