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of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Gitin 88

GITIN 88 (13 Iyar) - has been dedicated by Zvi and Tamara Sand of Har Nof, Yerushalayim, in honor of the Yahrzeit of Zvi's grandfather, Meir ben Reb Benzion Sand.


(a) (Mishnah): If the witnesses signed at the top (or side, it is invalid).
(b) Question: But Rav would sign at the side!
(c) Answer #1: The top of Rav's signature would face the Get; in the Mishnah, the top faces away from the Get.
1. Question (Mishnah): Two Gitin are written on 1 page, the witnesses signed in between: if each Get begins by the signatures (and goes outwards) - both are invalid;
i. We should say, whichever Get is above the top of the signatures is valid!
2. Answer: The case is, the signatures are sideways, their top faces the side of the page.
3. Question: But the Mishnah continues - if 1 of the Gitin ends by the signatures - it is Kosher, the other is invalid;
i. If the signatures are sideways, they are not read with either Get!
(d) Answer #2: Rather, Rav would sign his name at the side on letters to summon parties to Beis Din.
(e) (Mishnah): Kesav Sofer (the Get is in a scribe's handwriting) and 1 witness signed - it is Kosher.
(f) (R. Yirmeyah): The text of the Mishnah is Chasam Sofer (the scribe signed it) and also another witness - it is Kosher.
1. (Rav Chisda): The Mishnah is as R. Yosi (who says that an agent cannot appoint other agents; the Chachamim that argue would disqualify Chasam Sofer, lest the husband asked agents to ask other witnesses to sign, and they asked the scribe to avoid hurting his feelings).
(g) A Kesuvah came before R. Avahu. Witnesses recognized the handwriting of the document and 1 of the witnesses; R. Avahu was about to validate the document based on this.
(h) R. Yirmeyah: The text of the Mishnah is Chasam Sofer (but Kesav Sofer and 1 witness is insufficient).
(a) (Mishnah): If family names of the husband and wife were used, it is Kosher.
(b) (Beraisa): A family name may be used in a Get, until 10 generations; R. Shimon ben Elazar says, only 3 generations.
(c) (R. Chanina ): A family name may be used in a Get until 3 generations.
1. R. Chanina holds as R. Shimon ben Elazar
(d) (Rav Huna): R. Shimon ben Elazar learns from "When you will bear children and grandchildren, and grow old in the land".
(e) (R. Yehoshua ben Levi): Eretz Yisrael was only made desolate (the 10 tribes were exiled) after 7 families of kings (of the 10 tribes) served idolatry - Yerov'am...and Hoshe'a ben Elah - "The downtrodden that bore 7..."
(f) (R. Ami): R. Shimon ben Elazar learns from "When you will bear children and grandchildren and grow old."
(g) Question (Rav Kahana and Rav Asi): "(Hoshe'a ben Elah) was wicked, but not as bad as the kings of Yisrael that preceded him" - if so, why "Shalmaneser will come upon him"?
(h) Answer (Rav): Yerov'am had set up guards to prevent Yisrael from alighting to Yerushalayim on the festivals; Hoshe'a abolished the guards, but Yisrael still did not come;
1. Hash-m decreed that Yisrael would be exiled corresponding to the years they did not alight.
(i) Question (Rav Chisda): "Hash-m was diligent to bring the evil upon us, for He is a Tzadik" - how is this a reason?
(j) Answer #1 (Rav Chisda): Hash-m did Tzedakah (a great benefit) for us by exiling (most of Yisrael with) Tzidkiyahu after those exiled with Yechanyah were established (to teach them).
1. "1000 Cheresh and Masger" - this refers to the greatest Chachamim.
(k) Answer #2 (Ula): Hash-m benefited us by not allowing us to stay in the land for 852 years (the numerical value of "You will grow old"), rather exiling us 2 years before this, so we would not be subject to the accompanying curse "You will perish".

1. (Rav Acha bar Yakov): We may derive that 852 years is considered 'quickly' by Hash-m ("You will quickly perish").
(a) (Mishnah): If (a Beis Din of) Yisraelim forced a man to divorce his wife, it is valid; if Nochrim forced him, it is invalid;
1. The case is, the Nochrim beat the husband, telling him to do as Chachmei Yisrael say.
(b) (Gemara - Rav Nachman): A Get coerced legally (i.e. in a situation where he must divorce his wife) by Yisraelim is valid; if it was illegally coerced, it is invalid.
1. If it was coerced legally by Nochrim, it is invalid; if it was given, it disqualifies her from Kehunah;
2. If it was coerced illegally by Nochrim, it is invalid; if it was given, she is not disqualified from Kehunah.
3. Question: If Nochrim have the power to force us to divorce - a legally coerced Get should be valid; if they have no such power, it should not disqualify her from Kehunah!
4. Answer #1 (Rav Mesharshiya): mid'Oraisa, a Get legally coerced by Nochrim is valid; Chachamim decreed that it is invalid, so women that want to get divorced will not get Nochrim to coerce their husbands.
5. Objection: If so, then when the Get was coerced illegally, why doesn't it disqualify her from Kehunah - it should have the same law as a Get coerced illegally by Yisraelim!
i. Rav Mesharshiya's answer is wrong.
6. Answer #2: mid'Oraisa, a Get legally coerced by Nochrim is invalid; Chachamim decreed that it disqualifies from Kehunah, for it may be confused with a legally coerced Get in Yisrael.
i. A Get illegally coerced by Nochrim will not be confused with a Get legally coerced in Yisrael, so there is no need to decree.
(c) Rav Yosef was forcing a man to give a Get.
(d) Answer (Abaye): But we (sages of Bavel) have the law of commoners - we cannot coerce to divorce!
1. (Beraisa - R. Meir): "These are the judgments you will put before them" - one may not go for judgment in front of Nochrim, even if their law (in the case) is the same as Torah law;
2. Also - "Before them", and not before commoners.
3. Answer (Rabah): We are agents (to coerce Gitin) on behalf of the expert judges in Eretz Yisrael, just as we are their agents to judge cases of admissions (of debt) and loans.
4. Question: If so, we should also be agents to judge thefts and injuries!
5. Answer: We are only agents to judge cases of admissions and loans, for these are frequent.
(a) (Mishnah): There is talk in the city that Leah was engaged - we consider her to be engaged;
(b) If there is talk in the city that she was divorced - we consider her to be divorced;
1. This is only if there is no excuse (a way to discredit the rumors).
2. Examples of excuses: If Leah was divorced on condition, or engagement money was thrown to her, and we were in doubt if it landed closer to her or to him - these are excuses (why there is talk - but in truth, the divorce/engagement may have been found to be invalid)!
(c) (Gemara) Question: Do we really forbid her on her husband (if there is talk that a Kohen divorced his wife)?!
1. (Rav Ashi): Any rumors that started after Nisu'in, we are not concerned for them.
(d) Answer: The Mishnah says thusly: There is talk in the city that Leah was engaged - we consider her to be engaged; rumors that she was engaged and divorced - we consider her to be engaged and divorced. (I.e. the rumors came at the time of engagement, before Nisu'in).
(e) Question: Why can we rely on rumors (that she was divorced) to permit her?
(f) Answer: These rumors break the rumors that she was engaged.
(g) (Rava): If there is talk that she had extramarital relations, we are not concerned for this.
1. This is because we assume that the rumors started on account of mere lewdness, not relations.
(h) Tana'im argue regarding this.
1. (Beraisa - R. Meir): A woman ate, walked haughtily, or nursed a baby in the market - her husband must divorce her (lest she had or will have extramarital relations);
2. R. Akiva says, he need not divorce her until she becomes the subject of gossiping women.
3. R. Yochanan ben Nuri: If so, anyone that hates a woman can break up her marriage by starting rumors - but the Torah said that a woman is not forbidden on hearsay!
i. We learn a Gezeirah Shavah - "He found in her Ervas Davar (infidelity)"; "According to 2 witnesses a Davar (matter) will be established".
ii. In both cases, solid evidence is required.
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