POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Gitin 46
GITIN 46 - Marcia and Lee Weinblatt of New Jersey have dedicated
this Daf in memory of Marcia's mother, Esther Friedman (Esther
Chaya Raizel bat Gershom Eliezer) and father, Hyman Smulevitz
(Chaim Yisochar ben Yaakov).
1) DIVORCE BECAUSE OF ILL REPUTE
(a) (Gemara - Rav Yosef bar Minyomi) Version #1: [The
prohibition to remarry her is only if he told her 'I
divorce you because of your ill repute/because of the
2) WHICH VOWS CAN BE PERMITTED
1. He holds, the reason is lest she will get ruined
(i.e. after she remarries, he will say, 'I would not
have divorced you had I known that the ill repute
was unfounded/the vow could have been permitted,
your Get is invalid').
(b) Version #2: [A man must tell his wife that he divorces
her because of her ill repute/the vow.
2. He can only ruin her if when he divorced her, he
told her the reason.]
1. He holds, the prohibition to remarry is to
discourage Benos Yisrael from looseness regarding
incest and vows.
(c) Support (for Version #1 - Beraisa - R. Meir): A man that
divorces his wife because of her ill repute may never
remarry her, lest she will marry another man, and it will
become clear that she was innocent. He will say, 'Had I
known this, I would not have divorced her, even to
receive 100 Maneh!'
1. Therefore, we tell him that he will never be allowed
to remarry her. (If he still divorces her, it is
clear that he has no desire to keep her.)
(d) Support (for Version #2 - Beraisa - R. Elazar b'Rebbi
Yosi): A man that divorces his wife because of ill repute
or a vow must tell her so at the time of divorce.
1. The prohibition to remarry is to discourage Benos
Yisrael from looseness regarding incest and vows -
therefore, he must tell her.
(a) (Mishnah): R. Yehudah says, if many knew about the vow,
he may not remarry her; if not, he may.
3) WHEN HE MAY REMARRY HER
(b) (R. Yehoshua ben Levi): R. Yehudah learns from "Benei
Yisrael did not strike (the Givonim) because the heads of
the tribes had sworn to them". (Because they swore in
public, they could not permit the oath.)
1. Chachamim: The oath did not take effect at all,
since they were deceived - the Givonim said they
came from a distant land, and this was false.
(c) Question: What is considered many people (knowing of the
i. They did not kill them in order to sanctify
(d) Answer #1 (Rav Nachman): Three.
(e) Answer #2 (R. Yitzchak): Ten.
1. Rav Nachman learns from "Many days" said by a woman
that sees Zivah (non-menstrual bleeding) - "days"
teaches 2, "many" teaches a third day;
(f) (Mishnah): R. Meir says, any vow which requires...
2. R. Yitzchak learns from "congregation" mentioned by
the oath of the heads of the tribes; a congregation
is at least 10.
(g) (Beraisa - R. Elazar): We were only stringent regarding a
vow which requires a Chacham to permit it on account of a
vow that can be permitted without a Chacham.
(h) Question: On what do they argue?
(i) Answer: R. Meir holds, a man does not mind if his wife is
disgraced (by having to appear) in Beis Din (had he known
that her vow could be permitted in Beis Din, he would not
have divorced her);
(j) R. Elazar holds, a man does not want his wife to be
disgraced in Beis Din (so he would not have refrained
from divorcing her, even if he knew that her vow could be
permitted in Beis Din).
(a) (Mishnah): R. Yosi b'Rebbi Yehudah says, there was a case
(b) Question: What was taught in the Mishnah, that this case
comes to illustrate?
(c) Answer: The Mishnah is abbreviated, it means thusly: the
prohibition to remarry only applies when he divorced her
because of her vow; if he vowed, he may remarry her;
1. R. Yosi b'Rebbi Yehudah says, there was a case in
Tzidon: Reuven said, 'If I do not divorce my wife,
(something) will be forbidden as a sacrifice', and
divorced her. Chachamim permitted him to remarry
her, to fix the world.
4) DIVORCING AN AILONIS
2. Question: What did he forbid?
(d) (Mishnah): Chachamim permitted him to remarry her...
3. Answer (Rav Huna): He said, 'All fruits should be
forbidden to me if I do not divorce you.'
(e) Question: This is obvious!
(f) Answer: One might have thought, we should decree on
account of R. Noson.
1. (Beraisa - R. Noson): One who vows is as one who
builds a private altar (when this is forbidden);
fulfilling it (i.e. not having it permitted) is as
one that offers on his private altar.
(g) (Mishnah): To fix the world.
2. The Mishnah teaches that we do not decree (rather,
he may remarry her).
(h) Question: How does this fix the world?
(i) Answer #1 (Rav Sheshes): This phrase applies to the
beginning of the Mishnah (when he may not remarry her).
(j) Answer #2 (Ravina): It refers to the last case - it
means, in this case there was no need to decree to fix
(a) (Mishnah - R. Yehudah): Reuven divorced his wife because
she is an Ailonis - he may never remarry her;
1. Chachamim say, he may remarry her.
(b) R. Yehudah says: if she married someone else and had
children, and demands that Reuven pay her a Kesuvah - we
tell her, it is better for you to keep quiet.
(c) (Gemara) Question: May we infer that R. Yehudah is
concerned for her ruin, and Chachamim are not?!
(d) Contradiction (Mishnah): Reuven divorced his wife because
of her ill repute, or because of a vow - he may never
1. R. Yehudah says, if many knew about the vow, he may
not remarry her; if not, he may.
(e) Answer #1 (Shmuel): The opinions in our Mishnah should be
2. We see, Chachamim are concerned, and R. Yehudah is
1. Question: But R. Yehudah says in the end of the
Mishnah, if she married another man and had children
from him and demands that Reuven pay her a Kesuvah -
we tell her, it is better for you to keep quiet;
(f) Answer #2 (Abaye): The opinions need not be switched.
i. This shows, R. Yehudah is concerned for her
2. Answer: That also is switched to say 'Chachamim
1. In the Mishnah of the vow, R. Yehudah holds as R.
Meir and as R. Elazar.
(g) Completion of Answer #2 (Rava): Chachamim in our Mishnah
hold as R. Meir, who says that a stipulation is invalid
unless doubled (if this, then...; if not, then...).
2. He holds as R. Elazar regarding a vow that needs
Beis Din to permit it (that a husband does not want
his wife to be disgraced in Beis Din), and as R.
Meir regarding a vow that the husband could have
annulled (since he could have annulled it, this was
not the reason he divorced her).
3. Objection (Rava): This only answers he contradiction
in R. Yehudah, not in Chachamim!
1. The case is, he did not double the condition (to
say, if you are not an Ailonis I do not divorce
you), so there is no concern for her ruin.