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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Metzia 18


(a) We just proved that the Mishnah in Kesuvos ('Nisarmelah O Nisgarshah, Bein min ha'Eirusin u'Vein min ha'Nisu'in, Govah es ha'Kol') must be speaking when the man wrote his betrothed a Kesuvah (even if an Almanah min ha'Eirusin is not normally entitled to one). In the Beraisa quoted by Rebbi Chiya bar Ami, a man neither practices Aninus nor does he render himself Tamei for his betrothed who died, nor vice-versa.
What are the ramifications of 'Lo Onen Lah'?

(b) What is the difference between the statements 'Lo Onen Lah' and 'Hi Lo Onenes Lo'?

(c) Why does he not inherit her?

(a) Why is there is no proof from the final statement of the Beraisa 'Meis Hu, Govah Kesuvasah' that an Arusah is entitled to a Kesuvah?

(b) Then what is the Chidush?

(c) Does Abaye ultimately agree that an Arusah is not entitled to a Kesuvah?

(a) On what grounds then does Abaye retract from his objection against Rebbi Yochanan (that in a place where one writes a Kesuvah, the husband is not believed to say 'Para'ti', whereas the Mishnah in Kesuvos is speaking in a place where the Minhag is not to)?

(b) If the husband paid, why did he not take back the Kesuvah and tear it up?

(c) In that case, why did Beis-Din not make a tear in the Kesuvah and write on it that they did not tear it because it was Pasul, but to prevent the woman from claiming a second time?

(a) We have already quoted our Mishnah which discusses someone who finds Gitei Nashim, Shichrurei Avadim, Daytiki, Matanah and Shovrin. On what grounds does the Tana rule 'Harei Zeh Lo Yachzir'?

(b) Will the finder be obligated to return these Sh'taros should the respective debtors admit that they have not paid?

(c) What does the Tana of the Beraisa say about a Sheli'ach who loses the Get that he is bringing from a man to his wife and which he finds again?
Under which circumstances is the Get Kasher and under which circumstances, not?

(d) How does the Beraisa now clash with our Mishnah?

(a) To resolve the discrepancy between our Mishnah and the Beraisa, Rabah establishes the latter in a place where many caravans stop, and our Mishnah, in a place where they do not.
What difference does it make whether caravans stop there or not?

(b) What other condition do we also require for the Get to be Pasul?

(c) Why are we forced to say this?

(a) When they found a Get in the vicinity of his Beis-Din, which was written in Sh'viri on the River Rachis, why did Rav Huna order the finder not to return it?

(b) Why would he otherwise have ordered the Sh'tar to be returned?

(c) What advance warning did Rav Chisda give Rabah?

Answers to questions



(a) Following Rav Chisda's warning, what did Rabah conclude, based on the following Mishnah 'Kol Ma'aseh Beis-Din ... '?

(b) What do we extrapolate from here regarding Rabah's opinion?

(c) And he ruled accordingly too, because he returned a Get that was found by the flax-house in Pumbedisa, though we are uncertain whether it was beside the place where they *sold* flax or where they *soaked* it.
What is the difference between the two?

(a) Rebbi Zeira asked on the Mishnah (that we quoted earlier) which distinguishes between a Sheli'ach who finds the Get immediately, and one who finds it only later, from the Beraisa 'Matza Get Ishah be'Shuk, bi'Z'man she'ha'Ba'al Modeh Yachzir la'Ishah ... ' (implying even after a long time).
How does Rebbi Zeira resolve this discrepancy?

(b) How would we establish the Beraisa ...

  1. ... further to reconcile Rebbi Zeira like Rabah?
  2. ... assuming Rebbi Zeira argues with Rabah?
(c) Rabah obviously prefers to ask on the Mishnah in Gitin from our Mishnah (rather than from a Beraisa).
What do we say when a Beraisa clashes with a Mishnah (and cannot be reconciled with it)?

(d) Why did Rebbi Zeira choose to ask from the Beraisa rather than from our Mishnah? What makes him think that the Beraisa validates the Get even after a long time any more than our Mishnah, considering that neither of them specifically mentions a long time?

(a) Assuming that Rebbi Zeira argues with Rabah ...
  1. ... in which case do they argue?
  2. ... what is the basis of their dispute based on the Mishnah 'Kol Ma'aseh Beis-Din Yachzir'?
(b) According to Rebbi Yirmiyah, the Mishnah speaks even if the Sh'tar was found inside Beis-Din, yet he is far more stringent than Rabah.
Under which circumstances does he permit the return of this Sh'tar?

(c) Then what is the Chidush? Why is it not obvious that in the face of such testimony, the Sh'tar should be returned?

(a) Rav Ashi establishes the Mishnah when the Sh'tar has a Si'man.
What type of Si'man does he require?

(b) Would he also require such a powerful Si'man on order to return a lost article?

(c) Then why the difference?

(d) On what grounds are the Rabbanan more lenient with regard to Mamon in this regard?

Answers to questions

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