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 81
GITIN 81 - has been generously sponsored by Yeshayahu (Jason) Schmidt
(originally of West Hempstead, N.Y.), a talmid of Rabbi Kornfeld.
1) A "WHIFF" OF A GET
(a) (Mishnah - Beis Shamai): A man wrote a Get to divorce his
wife, then decided not to - she is forbidden to Kohanim;
2) CONCERN THAT A MAN REMARRIED HIS DIVORCEE
1. Beis Hillel say, even if he gave her a Get on
condition, if the stipulation was not fulfilled, she
is permitted to Kohanim.
(b) (Gemara - Rav Yosef brei d'Rav Menasheh): If there is
talk that a Kohen wrote a Get to divorce his wife, and
they are living together - what do we do?
(c) Answer (Shmuel): We do not make him divorce her; the
matter needs investigation.
(d) Question: What must be investigated?
1. Suggestion: If we must check whether we silence
rumors - but Shmuel is from Nehardai, there they do
not silence rumors!
(e) Answer: Rather, we must check whether people say 'wrote a
Get' when a man gave a Get.
(f) Question: Even if they do - but they also say this when
he only wrote it, why should she be forbidden?
(g) Answer: She is forbidden because of a doubt, perhaps they
meant that a Get was given.
(h) Question: Why would he have to divorce her? Rav Ashi
taught, we are not concerned for rumors that begin after
(i) Answer: If she married another Kohen, he would have to
(j) Question: This will make people think that her children
from the first husband are disqualified from Kehunah
(because she really was divorced)!
(k) Answer: No - because we only forced the new husband to
divorce her, not the first husband, people will assume
that he divorced her right before he died.
(l) (Rabah bar bar Chanah): The decline in the generations is
1. The early generations were stringent, as Beis Shamai
(who forbid a woman to Kehunah because of rumors
that a Get was written):
2. Later generations are lenient as R. Dosa.
i. (Beraisa - R. Dosa): A captured woman may eat
Terumah - just because the captor put his hands
on her, should she be forbidden to Terumah?!
3. Also: Early generations would enter their produce
into the house through the gate, in order to
obligate themselves to tithe it;
i. Later generations enter their produce through
the roof or yard in order to exempt it from
ii. (R. Yanai): Produce need only be tithed once it
sees (is brought in through) the opening of the
house - "I eradicated the sanctified things
from the house".
iii. (R. Yochanan): Even entering the yard obligates
one to tithe it - "They will eat in your gates
and be satiated."
(a) (Mishnah - Beis Shamai): A man divorced his wife and
spent the night with her in an inn - he need not give
her another Get;
1. Beis Hillel say, he must.
(b) This applies when she was divorced from Nisu'in; if she
was divorced from engagement, all agree that a second Get
is not needed because he is not so intimate with her.
(c) (Gemara - Rabah bar bar Chanah citing R. Yochanan): The
argument is when witnesses saw that they had relations;
3) A "BALD" GET
1. Beis Shamai hold, a man would have extramarital
relations; Beis Hillel say, he would not (he surely
(d) (Mishnah): If she was divorced from engagement, all agree
that a second Get is not needed because he is not so
intimate with her.
2. If witnesses did not see relations, all agree that a
second Get is not needed.
(e) Question: If the case is, witnesses saw relations - what
difference does it make if the divorce was from Nisu'in
(f) Answer: Indeed, the Mishnah is when witnesses did not see
relations; R. Yochanan holds as R. Shimon ben Elazar.
1. (Beraisa - R. Shimon ben Elazar): If witnesses did
not see relations, all agree that a second Get is
(g) Question: The Mishnah is when witnesses did not see
relations - why do Beis Shamai and Beis Hillel argue?
i. Beis Shamai hold, a man would have extramarital
relations; Beis Hillel say, he would not.
(h) Answer: There are witnesses that they were secluded, but
not that they had relations.
1. Beis Shamai say, witnesses that saw seclusion cannot
be considered witnesses that they had relations;
Beis Hillel say, (he surely had relations with her),
they are considered as witnesses that they had
(i) Question: How can Yochanan hold as R. Shimon ben Elazar -
R. Yochanan said that the law is always as an unauthored
2. If she was divorced from engagement, all agree that
a second Get is not needed because he is not so
intimate with her, witnesses on seclusion are not as
witnesses on relations.
(j) Answer: Amora'im argue which of these R. Yochanan said.
(a) (Mishnah): If a woman remarried after receiving a bald
Get (a Mekushar (tied) Get in which there are more folds
than witnesses), all the fines of the previous Mishnah
(b) Ben Nanus says, anyone may sign on a bald Get to complete
the required number of witnesses; R. Akiva says, the only
invalid witnesses allowed are relatives that are valid
witnesses in other cases.
1. A Mekushar Get is one in which there are more knots
(c) (Gemara) Question: Why is a bald Get invalid?
(d) Answer: It is a decree on account of when the husband
says 'All of you sign this Get' (the Get is invalid
unless all sign).
(e) (Mishnah): Anyone may sign on a bald Get to complete the
required number of witnesses...
(f) Question: Why does R. Akiva hold that a slave cannot
(g) Answer #1: Because people will come to believe that the
slave is a proper witness.
(h) Rejection: If so, also by relatives we should be
concerned that people will think that relatives can
(i) Answer #2: Rather, people will think that the slave is of
(j) Rejection: If so, a robber (who has proper lineage)
should be able to sign - but R. Akiva only permits
relatives, for they are valid witnesses in other cases!
(k) Answer #3: Rather, people will think that the slave was
1. Likewise, a robber may not sign, lest people will
think that he repented.
(l) (R. Zeira): They argue by a Get with at least 4 folds -
but if the Get has only 3, all agree that the third
witness must be (a valid witness or) a relative.
2. There is no concern by relatives - all know that he
is a relative!
(m) Question (R. Zeira): A Mekushar Get needs 3 witnesses
just as a standard Get needs 2 -why is a relative
acceptable as the third witness?
(n) Answer (Rav Ada bar Ahavah): We are more lenient by the
third witness on a Mekushar Get, since it is only
1. Support (Beraisa - ben Nanus): A Mekushar Get had 7
folds and 6 (valid) witnesses, or 6 folds and 5
witnesses, or 5 folds and 4 witnesses, or 4 folds
and 3 witnesses; a slave signed to complete it. If
she remarried, the children are not Mamzerim;
(o) (R. Yochanan): Only 1 relative may sign, not 2, lest the
Get be validated through 2 relatives and 1 valid witness.
2. R. Akiva says, the children are Mamzerim.
3. If there are 3 folds, all agree that only (a valid
witness or) a relative can sign.
4. Rav Yosef's text (of the last clause) in this
Beraisa reads: If there are 3 folds, all agree that
only a valid witness can sign.
1. Support (Rav Ashi): The above Beraisa in each case
said that all witnesses except 1 are valid.
(p) (Abaye): We learn that the relative may sign in the
beginning, middle or end, since the Mishnah did not
specify where he must sign.
(q) (Abaye): A Mekushar Get may be validated from any 3
signatures, even if they are not consecutive.
1. If not - we would have fixed a place for relatives
to sign, and even more would be allowed to sign.
(r) R. Ami would tell people (with a Mekushar Get lacking 1
witness) to have a slave from the market complete it.