Jan 152016
 

What is the reason for the takana of Rabban Gamliel and how does it connect to the issue of in front of how many people does he need to cancel the get.  If one goes against the takana of Rabban Gamliel and cancels a get in a court (or in a court in a different city) is the get cancelled or not?  Do Rabbis have the power to override Torah law?  The  gemara explains that the Rabbis have the power to uproot the marriage in this case because the husband didn’t keep to their rules regarding marriage and therefore didn’t keep to his conditions of “k’dat moshe v’yisrael” that he accepted when he got married.  To what extent can this concept be applied has important ramifications.  If one cancels testimony, does he need to cancel it in front of all those who he told it to?  Is gilui da’at – if his intent is clear without him actually saying tha he is cancelling the get – effective in cancelling a get?  this is one of the 6 cases where we hold like Abaye over Rava.  He holds that it is ineffective.

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