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Rosh Kollel: Rabbi Mordecai Kornfeld

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Gitin 49

GITIN 49 & 50 - Sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel. May Hashem bless them with many years of Simcha, health and fulfillment, and may they see all of their children and grandchildren follow them in the ways of Torah and Yir'as Shamayim!


(a) R. Yishmael holds that we estimate (high quality land) according to the victim's land; R. Akiva says, according to the damager's land.
(b) Question: What is R. Yishmael's reason?
(c) Answer: It says "field" later (in the Parsha), and also earlier.
1. Just as the first time it refers to the victim's field (being consumed), also the latter time (that the payments will be as the highest quality land of that field).
(d) R. Akiva holds, "From the best of his land he will pay" - of the land of the one paying.
(e) R. Yishmael learns from a Gezeirah Shavah and from the verse ("From the best of his field").
1. He learns from the above Gezeirah Shavah (Sadeh-Sadeh).
2. The verse also teaches that if the damager has Idis and Ziburis, and his Ziburis is not as good as the Idis of the victim, he must pay with his Idis (even if it is better than the Idis of the victim).
(a) (Beraisa - R. Akiva): The verse teaches that damages are collected from Idis, all the more so to Hekdesh.
(b) Question: When does the Kal va'Chomer to Hekdesh apply?
1. Suggestion: A man's ox gored an ox of Hekdesh.
2. Rejection: The Torah said (to pay when an ox gores) "The ox of his fellow man" - not an ox of Hekdesh!
(c) Answer #1: Rather, a man said 'It is upon me to give a Maneh to Hekdesh', the Gizbar (treasurer of Hekdesh) collects from the man's Idis.
(d) Objection: If so, the Gizbar is as a creditor, who collects Beinonis!
1. Suggestion: Perhaps R. Akiva holds that a creditor collects Idis, as damages.
2. Rejection: We could not learn from this to Hekdesh - a creditor collects from Idis, for he is stronger, he collects damages; but Hekdesh will not collect from Idis, for it does not collect damages!
(e) Answer #2: Really, a man's ox gored an ox of Hekdesh; R. Akiva holds as R. Shimon ben Menasiya.
1. (Beraisa - R. Shimon ben Menasiya): A Hekdesh ox gored the ox of a Yisrael - Hekdesh does not pay;
2. If a Yisrael's ox, whether an established gorer or not, gored a Hekdesh ox, it pays full damage.
(f) Question: If so - why must we say that R. Akiva argues with R. Yishmael when the Idis of the victim is as the Ziburis of the damager?
1. Perhaps all agree, payments are as the Idis of the victim; they only argue regarding damages to Hekdesh!
2. R. Akiva holds as R. Shimon ben Menasya, R. Yishmael holds as Chachamim.
(g) Objection #1: If so - why did R. Akiva say 'The verse only comes' (which implies, he argues regarding how to explain the verse of damages)!
(h) Objection #2: If so - what is the Kal va'Chomer to Hekdesh? (Rashi - For R. Akiva is lenient on damages! Tosfos - the argument regarding Hekdesh is whether one must pay at all, not regarding the quality of land.)

(i) Objection #3 (Beraisa - R. Yishmael): "From the best of his field and vineyard he will pay" - this means the best field and vineyard of the victim;
(j) R. Akiva says, "From the best of his field and vineyard" - of the damager.
(a) Answer #2 (To question 3:g, 48B - Ravina): Really, the Mishnah is as R. Akiva, who says that we evaluate land based on the damager's land; the Mishnah is also as R. Shimon, who derives laws based on the reasons for Mitzvos.
1. The reason the Torah said that damages are collected from Idis is to fix the world.
2. (Beraisa - R. Shimon): Damages are collected from Idis on account of robbers and extortionists.
i. Such people will be discouraged from stealing when they realize that Beis Din may later take their best property as payment.
ii. Chachamim based the law on the verse "From the best of his field and the best of his vineyard he will pay".
3. (Continuation of Beraisa): Creditors collect from (only) Beinonis in order that a person who covets his friend's choice property will not lend him, intending to collect the property.
i. Question: If so, Chachamim should have enacted that they collect from Ziburis!
ii. Answer: No, for then borrowers would not find people to lend them.
4. R. Yehudah says, a Kesuvah is collected from Ziburis; R. Meir says, from Beinonis.
i. R. Shimon says, the Kesuvah is collected from Ziburis, for the woman wants to get married more than the man;
ii. Also, a woman is divorced willingly or unwillingly; a man only divorces willingly.
iii. Question: What does this mean?
iv. Answer: [Rashi: One might have thought, just as a Kesuvah was enacted for a divorced woman, also Chachamim should have enacted a Kesuvah for him when she divorces him - to this we answer, a man only divorces when he wants to, he can delay giving a Get.]
v. [Tosfos: One might have thought, just as a Kesuvah was enacted when he divorces her, Chachamim should also have enacted a Kesuvah when she forces him to divorce her - to this we answer, a man is never forced to divorce, he can delay giving a Get.]
(a) (Mishnah): A Kesuvah is collected from Ziburis.
(b) (Mar Zutra brei d'Rav Nachman): This only applies when she collects from orphans - but when (a divorcee) collects from her ex-husband, she collects from Beinonis.
(c) Question: Anyone that collects from orphans collects Ziburis - why did the Mishnah specify a Kesuvah?
1. (Mishnah): One that collects land from orphans receives Ziburis.
2. Rather, it must be that the Mishnah says that a Kesuvah is collected from Ziburis even when she collects from her ex-husband.
(d) Answer: Really, it says that she collects from orphans from Ziburis.
1. One might have thought, we let her collect better land to encourage marriage - we hear, this is not so.
(e) (Rava - Mishnah): R. Meir says, she collects from Beinonis.
1. Question: From whom does she collect Beinonis?
i. Suggestion: If from orphans - does R. Meir not agree that one that collects land from orphans receives Ziburis?!
2. Answer: Rather, from her ex-husband - this shows, Chachamim that argue on R. Meir say that she gets Ziburis from him.
3. Rejection: Really, she collects Beinonis from orphans, to encourage marriage.
(f) (Abaye - Beraisa): Damages are collected from Idis, a creditor collects from Beinonis, a Kesuvah is collected from Ziburis.
1. Question: From whom are these collected?
i. Suggestion: From the orphans.
ii. Rejection: If so, then all would be collected from Ziburis!
2. Answer: Rather, they are collected from the debtor himself (by the Kesuvah, the ex-husband).
3. Rejection (Rav Acha bar Yakov): No, they collect from the father; the case is, the father became a guarantor for his son's damages, debts and (his son's wife's) Kesuvah.
i. Everyone collects as he is entitled to. The damaged party and creditor normally collect in the lifetime of the son - the father pays them as the son would have;
ii. The Kesuvah was standing to be collected from the orphans after the husband's death - the father pays as orphans, from Ziburis.
4. Question: But a guarantor for a Kesuvah is not obligated to pay it!
5. Answer: The case is, the father accepted to be a Kablan (a guarantor that may be asked to pay before approaching the borrower).
i. This is an acceptable answer according to the opinion that a Kablan becomes obligated even if the borrower has no property.
6. Question: According to the opinion that a Kablan only becomes obligated if the borrower has property, how can we answer?
7. Answer #1: The son had property, it was later flooded.
8. Answer #2: For a son, the father becomes obligated even if the son has no property.
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