POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Gitin 28
GITIN 28 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out
of love for Torah and those who study it.
1) A GET FOUND LATER
(a) (Rav Yehudah): The law is, if no person delayed where the
Get was lost (this is considered immediately).
2) MAY WE ASSUME THAT A PERSON IS STILL ALIVE?
(b) (Rabah bar bar Chanah): The law is, if a person did not
(c) Question: Why didn't each just say as which Tana he
(d) Answer: Other Amora'im have a different version of which
Tana said which period of time.
(e) (Mishnah): If he found it in a Chafisah or Dluskema...
(f) Question: What is a Chafisah?
(g) Answer (Rabah bar bar Chanah): A small leather bag.
(h) Question: What is a Dluskema?
(i) Answer: A bag.
(a) (Mishnah): A messenger brings a Get; when he left, the
husband was old or sick. He gives the Get, and we assume
that the husband is still alive.
(b) A Bas Yisrael married to a Kohen eats Terumah even when
he husband goes abroad, we assume he is still alive.
(c) One who sends a sin-offering from abroad - we assume he
is still alive, so we offer it on the Altar.
(d) (Gemara - Rava): The law of out Mishnah only applies if
the husband was less than 80 years old, and only
1. But if he was at least 80, or was Goses (a dying
person that probably will not survive), we are
concerned that he may have died.
(e) Question (Abaye - Beraisa): A messenger brings a Get;
when he left, the husband was old, even 100 years old, he
gives the Get; we assume that the husband is still alive.
1. Version #1: Rava is refuted.
(f) Contradiction (Abaye - Mishnah): A messenger brings a
Get; when he left, the husband was old or sick. He gives
the Get, and we assume that the husband is still alive;
2. Version #2: Rava is not refuted - perhaps we are
concerned that a person in his 80's may die any day;
but one who has lived to 100 - since he lived so
long, we assume he is still alive.
1. (Beraisa): A Kohen told his wife 'This is your Get,
it should take effect a moment before I die' - the
moment she takes the Get, she is forbidden to eat
(g) Answer (Rabah): Regarding Terumah, we can be stringent,
and require her to eat Chulin. But in the Mishnah, if we
will worry, perhaps the husband already died, and not
allow her to take the Get, we will make women Agunos
(unable to remarry)!
(h) Question: Regarding Terumah itself, sometimes we assume
that the husband is still alive, sometimes we do not!
1. (Mishnah): A Bas Yisrael is married to a Kohen; he
went abroad. She may eat Terumah, we assume he is
(i) Answer #1 (Rav Ada brei d'Rav Yitzchak): Regarding
Terumah, we are not worried, perhaps he died. The case of
the Beraisa is different, since she is forbidden to eat
(for a moment) even in her husband's lifetime.
2. Contradiction (Beraisa): A Kohen told his wife 'This
is your Get, it should take effect a moment before I
die' - the moment she takes the Get, she is
forbidden to eat Terumah.
(j) Objection (Rav Papa): If she dies first, she will never
(k) Answer #2 (Abaye): Our Mishnah is as R. Meir, who is not
concerned, lest the husband died; the Beraisa is as R.
Yehudah, who is concerned.
1. (Beraisa - R. Meir): One who buys wine from Kusim
(and is not able to separate the tithes before
drinking) says: The 2 Lugim that I will later
separate should be Terumah; 10 Lugim (that I will
separate) - Ma'aser Rishon; 9 Lugim - Ma'aser Sheni.
2. He (Rashi -redeems the Ma'aser Sheni; Tosfos - mixes
the wine) and may drink immediately;
3. R. Yehudah, R. Yosi and R. Shimon say, he must
separate the tithes before drinking.
i. They do not allow relying on Breirah to tithe
wine for the reason stated in the Beraisa -
perhaps the barrel will break before he
separates the tithes, and he will have drunk
Tevel retroactively. The concern that the
barrel will break resembles the concern,
perhaps he will die.
(l) Answer #3 (Rava): We are not concerned that the husband
already died; we are concerned that he will die. (In the
Beraisa, she may not eat Terumah, lest her husband died
in the next moment, and she is already divorced.)
3) PEOPLE BY WHOM WE ARE CONCERNED THAT THEY DIED
1. Question (Rav Ada bar Masnah): But in the case of
tithing wine, the Tana'im argue whether we are
concerned that the barrel will break - this
resembles the concern that the husband will die!
(m) Correction (Rava): Rather, we are not concerned that the
husband already died; Tana'im argue whether we are
concerned that he will die.
2. Answer (Rav Yehudah of Diskarta): R. Meir is less
concerned about the barrel breaking, because one can
appoint a guard to watch the barrel.
3. Objection (Rav Mesharshiya): Who will ensure that
the guard will watch it properly?
(n) (Mishnah): One who sends a sin-offering from abroad...
(o) Question: But the owner of the sacrifice must personally
come to do Semichah (to lean on the animal)!
(p) Answer #1 (Rav Yosef): The case is, a woman sent it
(women do not do Semichah).
(q) Answer #2 (Rav Papa): The case is, he sent a bird as a
sin-offering (on which there is no Semichah).
(r) It was necessary to teach all 3 clauses of the Mishnah.
1. If we only taught regarding giving a Get - one might
have thought, we assume he is still alive because we
cannot be stringent (that would cause Igun) - but by
Terumah, we are stringent;
2. If we only taught regarding Terumah - one might have
thought, we assume he is still alive because
sometimes, we cannot be stringent (his wife is poor,
and cannot afford Chulin) - but by a sin-offering,
we are stringent, lest the owner died and the
sacrifice is invalid.
i. The owner may come himself!
(a) (Mishnah): R. Eliezer ben Parta said 3 cases in which we
assume that a man is still alive; Chachamim agreed to all
1. Someone in a besieged city;
(b) However, someone in a city breached by the enemy, or that
was on a ship that sank, or was taken to be executed - we
are stringent to suspect that he may be alive or dead.
2. Someone in a sinking ship;
3. Someone being taken for judgment in a capital case.
(c) (Gemara) [Version #1 (Rav Yosef): This only applies to a
Beis Din of Yisrael; but by a court of Nochrim, once they
passed sentence, they surely will kill him (therefore,
someone taken to be executed would be presumed to be
(d) Question (Abaye): But courts of Nochrim take bribes, he
is not sure to die!
(e) Answer (Rav Yosef): They do not take bribes after the
verdict has been signed.
(f) Question (Mishnah): If 2 witnesses say that Ploni was
sentenced to die, and they name the Beis Din and
witnesses who convicted him, we kill Ploni (we are not
concerned, perhaps his verdict was overturned)!
(g) Answer: Perhaps the case of one who fled is different.
(h) (Beraisa): Someone heard a Beis Din of Yisrael say that
Ploni (will) die (i.e. his sentence is that Beis Din will
cause his death, but not directly kill him) or be killed
(directly) - we can permit his wife to remarry;
1. If he heard Nochri executioners saying this, we do
not permit her to remarry.
(i) Question: What is meant by 'He (will) die or be killed'?
1. Suggestion: He already died or was killed.
(j) Answer #1: Rather, it means that Ploni's sentence is that
Beis Din will cause his death, or will directly kill him.
2. Rejection: If so, his wife should be permitted to
remarry even if a Nochri executioner said this!
i. Anyone that mentions someone's death, unaware
of the implications, we rely on this to permit
his wife to remarry!
1. In such a case, by a Beis Din of Yisrael, we permit
his wife to remarry - this shows, we are sure he was
(k) [Version #2 (Rav Yosef): This only applies to a court of
Nochrim; but by a Beis Din of Yisrael, once they passed
sentence, they surely will kill him.
2. Answer #2: Really, it means that he already died or
i. Even though anyone that mentions someone's
death, unaware of the implications, we rely on
this to permit his wife to remarry, we do not
rely on the words of a Nochri executioner.
ii. This is because Nochrim pride themselves that
they judged properly, and are prone to lie!]