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 86
GITIN 86 (11 Iyar) - dedicated by the Feldman family in memory of
their mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of
1) DOCUMENTS TO SELL SLAVES
(a) (Mishnah): The crux of a Get of freedom - 'You are a free
woman, you are to yourself.
2) GITIN THAT WORK B'DIAVAD
(b) Rav Yehudah enacted by document of sale of slaves: 'This
slave is free from any claims of freedom, partnership,
sentence to serve the king, or other owners; he is free
of any blemish or boils (that will come) on his face for
2 years, new or old.
1. Question: If boils come - what is the cure?
2. Answer: A feather is used to anoint him with
(a) (Mishnah): Three types of Gitin are disqualified, but if
she remarried, the children are Kosher (not Mamzerim).
3) WHO WROTE THE GET?
1. It is written in the husband's own handwriting,
witnesses did not sign it;
(b) R. Elazar says, even if no witnesses signed on it, but it
was given in front of witnesses, it is valid, and this
suffices to collect from land with a lien on it.
2. Witnesses signed it, there is no date on it;
3. It has a date, only 1 witness signed it.
i. By any of these 3 Gitin, if she remarried, the
children are not Mamzerim.
1. This is because witnesses only sign a Get as an
enactment to fix the world.
(c) (Gemara) Question: Are there no other such Gitin?!
1. Question #1: An old Get (is disqualified, but if she
married, the children are Kosher!)
(d) Question: The Mishnah says twice that there are 3 such
Gitin - what does this come to exclude?
2. Answer: There, she need not leave her new husband;
in the case of our Mishnah, she must leave.
3. Question: Some hold that in our Mishnah, she need
not leave - how can they answer the question?
4. Answer: Here, she may not remarry l'Chatchilah; by
an old Get, she may remarry l'Chatchilah.
5. Question #2: A bald Get (one with more folds than
witnesses) is disqualified!
6. Answer: There, if she married, the children are
7. Question: That is only according to R. Meir (who
says that if a Get deviates from Chachamim's
guidelines, if she remarries, the children are
i. According to Chachamim, the children are not
Mamzerim - how can we answer?
8. Answer: By a bald Get, she must leave her new
husband; here, she need not.
9. Question: Some hold that in our Mishnah, she must
leave - how can they answer the question?
10. Answer: Our Mishnah speaks of regular (untied)
11. Question: There is a Get dated by the wrong kingdom!
12. Answer: There, she must leave; here, she may stay
13. Question: Some hold that in our Mishnah, she must
leave - how can they answer the question?
14. Answer: They establish our Mishnah as R. Meir.
There, the children are Mamzerim; here, they are
(e) Answer: The first time, it excludes the Gitin listed
above; the second time, it excludes the following case.
1. (Beraisa - R. Meir): A messenger brought a Get from
Chutz La'aretz, and gave it without saying 'It was
written and signed in front of me" - if she
remarried, she must be divorced, and the children
are Mamzerim; Chachamim say, the children are not
i. The messenger should take the Get back, and
give it again, making the declaration.
(a) (Mishnah): The Get is in the husband's handwriting and
witnesses did not sign.
(b) (Rav): The Mishnah speaks of a Get in the husband's
(c) Question: To which of the 3 Gitin does Rav refer?
1. Suggestion: If to the first - the Mishnah explicitly
says, it is in his writing!
(d) Answer: Rather, he refers to the last, the Get has a date
and 1 witness signed.
2. Suggestion: If to the second - 2 witnesses signed,
why do we need that the husband wrote it?
4) WHICH WITNESSES EMPOWER A GET?
1. It must be that the husband wrote it - had a scribe
written it, the children would be Mamzerim.
(e) (Shmuel): The Mishnah speaks when a scribe wrote it, as a
later Mishnah teaches - if a scribe wrote a Get and 1
witness signed, it is valid.
(f) Question (Rav): But the Mishnah says that she may marry
l'Chatchilah, in our Mishnah, she may not marry
(g) Answer (Shmuel): That Mishnah speaks of a scribe whose
writing is known; in our Mishnah, the scribe's writing is
(h) (R. Yochanan): The Mishnah speaks of a Get in the
(i) Question (R. Elazar): But witnesses signed (why do we
need that the husband wrote it)?
(j) Answer (R. Yochanan): I refer to the last Get.
(k) Sometimes Rav would say that she must leave her new
husband; sometimes, he would say that she may stay.
1. If she has children from him, she may stay; if not,
she must leave.
(l) Question (Mar Zutra bar Tuvya - Mishnah): Any case in
which a close relative of the Yavam was doubtfully
engaged or divorced to the deceased, the co-wife does
Chalitzah, not Yibum.
1. The case of doubtful engagement: he threw money to
engage her, we do not know if it landed closer to
him or her - this is the case of doubtful
(m) Answer: That is no problem - mid'Oraisa, the Get is
valid, she may do Yibum!
2. The case of doubtful divorce: he wrote a Get in his
own handwriting and no witnesses signed; or,
witnesses signed it, there is no date on it; or, it
has a date, only 1 witness signed it - these are the
cases of doubtful divorce.
3. (Summation of question): If you say that she may
stay married - people will think that it is a valid
Get, and the co-wife will do Yibum!
1. The Get is invalid mid'Rabanan, she should do
(n) (Levi, R. Yochanan, R. Chalafta): Even if she has no
children, she need not leave her new husband.
(o) (R. Yochanan citing R. Chalafta): A Kratzis in a stack of
produce that drinks water of the red heifer does not
disqualify the water.
(p) Question: What is a Kratzis?
(q) Answer (Abaye): A grasshopper that resides in stacks.
(r) Question (Rav Daniel bar Rav Ketina): Any bird that
drinks from the water of the red heifer disqualifies it,
except for a dove, for it sucks the water (and does not
spit it back out).
1. It did not say that also a grasshopper does not
2. Answer: This is because the law varies - a small
grasshopper disqualifies, a large one does not.
3. Question: Until what size is considered small?
4. Answer: Until an olive's size.
(a) (Mishnah): R. Elazar says, even though witnesses did not
(b) (Rav): The law is as R. Elazar regarding Gitin.
(c) (Shmuel): The law is as R. Elazar also by monetary
(d) Question: Does Rav not hold as R. Elazar by monetary
1. But the Mishnah says, with such a document, one may
collect from land with a lien on it!
(e) Answer: R. Elazar holds that also a monetary document is
empowered by the witnesses that saw it given; Rav only
holds as R. Elazar regarding Gitin of divorce or freedom.
(f) (R. Yakov bar Idi, R. Yosi bar Chanina,...) The law is as
R. Elazar regarding Gitin.
(g) (R. Yanai, R. Yochanan): The Get does not even disqualify
her from Kehunah.
(h) Question: Do they hold that the law is not as R. Elazar?
(i) Answer: No - they meant, according to Chachamim, it does
not even disqualify her from Kehunah.
(j) (Mishnah): Two men sent identical Gitin (all names are
the same), and they got mixed up. Each messenger should
give both Gitin to the wife he was sent to.
1. Therefore, if 1 Get was lost, the other is void.
(k) Five men wrote a joint Get: Reuven divorces Leah, Shimon
divorces Rachel... and witnesses signed below - all are
1. The Get is given to each wife.
(l) If a Tofes (the standard language of a Get without the
names) was written for each couple, only the Get right
before the signatures is valid.
(m) (Gemara) Question: Who is the Tana of our Mishnah?
(n) Answer #1 (R. Yirmeyah): It is not as R. Elazar.
1. R. Elazar says that a Get is empowered by the
witnesses that saw it given - here, the witnesses do
not know which Get divorces each woman!
2. Answer #2 (Abaye): The Mishnah can even be as R.
Elazar - he only requires that the Get be written
Lishmah, not given Lishmah.