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Rosh Kollel: Rabbi Mordecai Kornfeld

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Gitin 59

GITIN 59 & 60 - 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) (Rav): I was among the Beis Din that Rebbi convened to vote on this law - I was the first to speak.
(b) Question: But in matters of money or Tum'ah, the greatest sage speaks first (and Rebbi was the greatest); in capital cases, he does not!
(c) Answer (Rabah brei d'Rava): Rebbi conducted differently, he never spoke first.
(d) (Rabah brei d'Rava): From the time of Moshe until Rebbi, we do not find that the leader of Yisrael was the greatest in Torah.
(e) Question #1: Yehoshua (bin Nun) was the leader and the greatest in Torah!
(f) Answer: Elazar (ben Aharon) was as great in Torah.
(g) Question #2: Elazar was the greatest (after Yehoshua died)!
(h) Answer: Pinchas was as great.
(i) Question #3: Pinchas was the greatest (after Elazar died)!
(j) Answer: The elders were as great.
(k) Question #4: Sha'ul was the greatest!
(l) Answer: Shmuel was around.
1. Question: After Shmuel died, Sha'ul was the greatest!
2. Answer: Rabah brei d'Rava means, no one else was the greatest all the years of his reign.
(m) Question #5: Shlomo was the greatest!
(n) Answer: Shimi ben Geira was around.
1. Question: Shlomo was greatest after he killed Shimi!
2. Answer: He was not greatest all years of his reign.
(o) Question #6: Chizkiyah was the greatest!
(p) Answer: There was Shevna.
1. Question: He was killed!
2. Answer: Chizkiyah was not greatest all years of his reign.
(q) Question: Ezra was greatest!
(r) Answer: Nechemyah ben Chachliyah was as great.
1. (Rav Acha brei d'Rava): Similarly, from Rebbi until Rav Ashi, the leader was not the greatest in Torah.
2. Question: Huna bar Noson was the greatest!
3. Answer: Huna bar Noson was submissive to Rav Ashi.
(a) (Mishnah): A Cheresh (deaf-mute) that gestures or reacts to gestures - through this he may buy and sell property;
1. Ben Beseirah says, by moving his lips (or responding to others doing this) he may buy or sell Metaltelim.
2. Pa'utos (mature children) - what they buy and sell in Metaltelim stands.
(b) (Gemara) [Version #1 (Rav Nachman): They only argue regarding Metaltelim, but all agree regarding Gitin that gestures are enough.
(c) Question: This is obvious - the Mishnah explicitly says that they argue by Metaltelim!
(d) Answer: One might have thought, they argue even by Metaltelim - we hear, this is not so.]
(e) [Version #2 (Rav Nachman): Just as they argue regarding Metaltelim, they also argue regarding Gitin.
(f) Question: But the Mishnah only says that they argue by Metaltelim!
(g) Answer: It means, they argue even by Metaltelim.
(h) (Mishnah): Pa'utos - what they buy and sell in Metaltelim stands.
(i) Question: At what age are children considered Pa'utos?
(j) Answer #1 (Rav Yehudah): Six or seven.
(k) Answer #2 (Rav Kahana): Seven or eight.
(l) Answer #3 (Beraisa): Nine or ten.
1. They do not argue - it varies, according to the sharpness of the child.
(m) Question: Why was it enacted that Pa'utos can deal in Metaltelim?
(n) Answer (Rav Aba bar Yakov): So he can buy his necessities.
(o) Question: "He said to the overseer of the Miltechah, take out clothing for all that serve the idol Ba'al" - what is Miltechah?
(p) Answer (Rav Aba bar Yakov): (A fabric) that is niMLal and nimTaCH (rolled and strectched).
1. (Rav Dimi): Bunyas ben Bunyas sent to Rebbi 4 types of linen garments. They were amazingly thin, and could be compressed into the size of a nut and a half.
(q) Question: Up to how much may Pa'utos err, and the transaction will be valid?
(r) Answer (R. Yonah): Up to a sixth of the value, as by an adult.
(s) Question (Abaye): Can Pa'utos give gifts?
(t) Answer #1 (Rav Yemar): No.
(u) Answer #2 (Mar bar Rav Ashi): They can.
1. Rabanan sent these opinions to Rav Mordechai, but they switched them.
2. (Rav Mordechai): Tell Mar bar Rav Ashi that my Rebbi (his father) ruled that they can give gifts;
i. This applies whether the child is healthy or dying, whether the gift is large or small.
(a) (Mishnah): These enactments are for the sake of Shalom:
1. A Kohen reads the Torah first, followed by a Levi, followed by a Yisrael.
2. The Eiruv (bread used to make the houses of a courtyard considered to be a single domain) is always placed in the same house.

3. The pit closest to the irrigation ditch takes water first.
4. It is considered stealing to take from where fishermen and hunters set their traps;
i. R. Yosi says, this is absolute theft!
5. It is considered stealing to take an object found by a deaf person, lunatic or minor;
i. R. Yosi says, this is absolute theft!
6. A poor person on an olive tree knocking down olives - another person may not take the olives below;
i. R. Yosi says, this is absolute theft!
7. We do not object to poor Nochri that take Leket, Shichchah and Pei'ah - this is an enactment for the sake of Shalom.
(a) (Gemara) Question: From where do we know (that a Kohen reads first)?
(b) Answer #1 (Rav Masnah): "Moshe wrote the Torah and gave it to the Kohanim, the sons of Levi".
1. Question: We already know that Kohanim descend from Levi!
2. Answer: Rather, it teaches that a Kohen reads first, then a Levi.
(c) Answer #2 (Rav Ashi): "Aharon was separated to be the holiest".
(d) Answer #3 (R. Chiya bar Aba): "You will sanctify (a Kohen)" - for every matter of Kedushah.
1. Beraisa (Tana d'Vei R. Yishmael): "You will sanctify (a Kohen)" - for every matter of Kedushah - to speak first, to bless first, to receive a nice portion first.
2. Question (Abaye): Why does the Mishnah say he reads first for the sake of Shalom - the Torah says that he reads first!
3. Answer (Rav Yosef): The Torah says this for the sake of Shalom.
4. Objection: All laws of the Torah are for the sake of Shalom - "Its ways are ways of Shalom"!
(e) Answer #4 (Abaye): When the Mishnah says that a Kohen reads first for the sake of Shalom - it means, as my Rebbi (Rabah) taught (that he must read first; the Torah only teaches that we ask him to read first).
1. (Beraisa): Two people eating from a common serving bowl - one does not take another portion until the other finishes his portion (and can take at the same time);
i. If 3 people are eating and 2 have finished, they need not wait for the third.
2. The one who blessed on the bread is the first to take from the bowl (to accompany his bread); he may honor his Rebbi or one greater than himself by letting them take first.
i. (Rabah): This only applies to a meal - but regarding reading the Torah first, a Kohen may not honor someone else by letting him read first, for this will lead to quarrels.
ii. (Rav Masnah): Rabah's law only applies on Shabbos or Yom Tov, when many people are in synagogue, but not on Mondays or Thursdays.
iii. Question: But Rav Huna (who was not a Kohen) read first on Shabbos and Yom Tov!
iv. Answer: He is an exception - even R. Ami and R. Asi, the greatest Kohanim of Eretz Yisrael, were submissive to him (so people will not quarrel if he reads first).
(f) (Abaye): If no Kohen is present, the order is undone (and the Levi does not read the Torah at all; others explain, there is not set place for him to read).
(g) (Abaye): If no Levi is present, a Kohen reads in his place.
(h) Question: But R. Yochanan taught, a Kohen may not read after a Kohen, lest people will think that (the latter) is reading because it was learned that the first was not a valid Kohen; a Levi may not read after a Levi, lest people will think (either) one of them is not a Levi!
(i) Answer (Abaye): The same Kohen that read first, he reads the second portion.
(j) Question: Regarding Levi'im, R. Yochanan says that people may think that either of them is not a Levi - by Kohanim, he is only concerned what people will think about the first!
(k) Answer: The case is, everyone knows that the father of the second Kohen is a valid Kohen.
(l) Question: We should say that similarly, everyone knows that the father of the second Levi is a valid Levi!
(m) Answer: We must say, people will think that the mother of the second Levi is a Mamzeres or Nesinah, therefore he is not a proper Levi.
(n) Question: If so, we should be concerned by the second Kohen, that people will think that his mother is a divorcee or Chalutzah, and he is an invalid Kohen!
(o) Answer: If he was invalid, he would not even be considered a Levi, and would not read second (so people will not suspect this).
(p) Question: About whom are we worried (that they will suspect that the first Kohen is invalid)?
1. Suggestion: If about people that stay for the entire Torah reading - they will see that he was counted among the 7 that read (so they will know that he is a valid Kohen)!
(q) Answer: Rather, the concern is for people that leave during the Torah reading.
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