ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Gitin 35
GITIN 34 & 35 - The Dafim have been 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 Kahana (or Rav Yehudah Amar Rav) related the story of a man who,
during a time of famine, deposited with a certain widow a golden Dinar,
which she placed inside a jar of flour. She subsequently ..
1. ... baked the flour into a loaf.
(b) Not long afterwards - one of her sons died?
2. ... took a vow (in the course of the Shakla ve'Tarya) when he claimed his
golden Dinar - that if she had derived any benefit from the golden Dinar,
one of her children should die.
(c) Despite the fact that she did not use the coin, she was nevertheless
punished - because whe had benefttted from it indirectly, by saving herself
as much flour as would have fitted into the space taken up by the golden
(a) When the Chachamim heard this story, they declared - that if that is
what happens to someone who swears in truth, imagine what happens to someone
who swears falsely!
(b) Seeing as she did not really swear truly, when the Chachamim said
'u'Mai Mi she'Nishba be'Emes', they meant - 'ke'Mi she'Nishba be'Emes'
(because she did not intend to swear falsely).
(a) This not seem to be the source of the Batei-Dinim refraining from
enforcing the Shevu'ah that an Almanah made to the Yesomim when she claimed
her Kesuvah, because, if it was - why did Rebbi Zeira Amar Shmuel confine it
to an Almanah any more than to a Gerushah?
(b) The reason that he did is - because widows tended to take liberties,
thinking that because they looked after the Yesomim's affairs, they were
entitled to a little of their property without having to give Din
ve'Cheshbon on what they took.
(c) Rav and Shmuel both stated that it is only in Beis-Din that they would
not enforce the Shevu'ah, but outside Bes-Din, they would. The basic
difference between a Shevu'ah that is made in Beis-Din and one that is made
outside Beis-Din is - that the former is a Shevu'ah d'Oraysa, which entailed
an object of Mitzvah (such as a Sefer Torah or Tefilin in one's hand whilst
(d) The reason for Rav and Shmuel's distinction regarding the Shevu'ah the
Almanah makes to the Yesomim - is due to the stringency of a Shevu'ah
d'Oraysa (whose transgression is more serious than that of a Shevu'ah
(a) It is according to the text in Sura that both Rav and Shmuel concurred
in the previous ruling. However, this creates a discrepancy with another
ruling of Rav - who stopped Almanos from claiming their Kesuvah altogether.
(b) The text of that statement in Neherda'a, which resolves the discrepancy
is - Rav Yehudah Amar Shmuel Lo Shanu ... ve'Rav Amar Afilu Chutz
le'Beis-Din Nami Ein Mashbi'in Osah'.
(c) Rav did not apply Raban Gamliel's concession of attaching the Shevu'ah
to a Neder - because in his time, people tended to be lax with regard to
Nedarim, too (which was not the case in our Mishnah).
(a) Based on Rav's custom not to claim the Kesuvah of an Almanah, Rav
Yehudah refused to accept the claim of a certain widow who wanted her
Kesuvah. When she swore that she had not received anything from her
Kesuvah - he said that Rav only declined to make her swear, but if she swore
of her own accord (as this woman had done), she could claim her Kesuvah.
(b) Rabah bar Rav Huna refused to accept the claim of a certain widow on the
grounds that neither Rav nor his father did so (as we have just explained).
When she asked whether she could not at least receive Mezonos, he cited the
opinion of Rav Yehudah Amar Shmuel, who said - that a woman who claims her
Kesuvah in Beis-Din, does not receive Mezonos either (seeing as claiming her
Kesuvah is indicative of her intention to get married, and her husband
undertook to sustain her only as long as she remained a widow.
(c) They overturned his chair - to fulfill the curse of that widow (in a
literal sense), who had cursed him for carrying out the Chumros of both Rav
and Shmuel to all her claims, though she had meant it figuratively (that he
should lose his greatness).
(d) That move was only partially effective - because he was not spared from
(a) Rav Yehudah compromised on Rav's stringency. He instructed Rav Yirmiyah
Bira'ah - to permit the Yesomim to make her make a Neder and make her swear
outside Beis-Din (like Shmuel, who permitted widows to claim their Kesuvos).
(b) He looked forward to subsequently hearing - that this was being done, in
order to establish the opinion of his Rebbi Shmuel, as opposed to the
opinion of Rav and his disciples.
(a) The divorcee of Acha bar Heidaya, who lived in Eretz Yisroel made a
Neder forbidding all fruits on herself if she received more than a small
percentage of her Kesuvah. Ayeh Mari, a name that also appeared on the Get -
was a nickname of Acha bar Heidaya, by which he was also known (and which
had therefore to be inserted in the Get, as we learned above).
(b) Besides a heavy coat and a Sefer Tehilim - she had also already received
a Sefer Iyov and a worn-out Sefer Mishlei (presumably all in scroll form).
(c) The total value of the things that she had received was - five Manah
(the equivalent of five hundred Zuz).
(d) We reconcile this with Rebbi Zeira Amar Shmuel, who restricted our
Mishnah, where Raban Gamliel ha'Zakein instituted attaching the Shevu'ah to
a Neder to a widow, but a divorcee retained the original Din of making a
Shevu'ah only (as we learned earlier) - by establishing the current case by
a Get Yabmin, meaning that one of the Yevamin gave the Yevamah a Get,
forbidding her on all the brothers, and she was now coming to claim her
Kesuvah from her deceased husband's property.
(a) Rav Huna restricts Raban Gamliel's Takanah that a woman who claims her
Kesuvah must make a Neder to the Yesomim to avoid swearing falsely, to a
woman who has not already remarried - because, once she is married, she will
swear falsely that she not yet received her Kesuvah, and make the required
Neder, secure in the knowledge that her husband will annul it for her.
(b) We are not worried however, that ...
1. ... even if, when she makes the Neder, she is not yet married, she relies
on the fact that, when she does remarry, her husband will annul the Neder
that she made prior to the marriage - because a husband cannot annul Nedarim
that his wife made before they were married.
2. ... she will go to a Chacham to have the Neder revoked - because Rav Huna
holds that the Noder is obligated to provide the Chacham with all the
details of the Neder that he wants revoked. Consequently, he is bound to
refuse to revoke the Neder in question, once he sees that it was Beis-Din
who obligated her to make it.
(a) Rav Nachman disagrees with Rav Huna. According to him, the woman makes
the Neder required of her by the Yesomim even if she has already remarried -
because he holds that the Noder is not obligated to provide the Chacham with
all the details of the Neder that he wants revoked.
(b) He avoids the problem of the woman relying on her husband annulling the
Neder - by forcing her to make a Neder be'Rabim (i.e. in front of ten
people), which in his opinion, cannot be revoked.
(c) Rav Nachman explains the Beraisa, which states ...
1. ... 'Niseis, Govah Kesuvasah Im Nadrah' - to mean that she makes the
Neder only if she is not yet married.
2. ... 'Niseis, Noderes ve'Govah Kesuvasah', which clearly clashes with his
interpretation of the previous Beraisa - by making whether or not, a Neder
be'Rabim can be revoked, a Machlokes Tana'im.
(a) Rav Nachman and Rav Papa argue over whether someone who goes to a
Chacham to have his Neder revoked needs to specify his Neder or not. Rav
Papa's reason for saying that one does not is - because then, the Noder will
simply omit whatever suits him, and leave the Chacham to revoke the Neder
the way he puts it to him.
(b) Rav Papa's reason for saying that one does is - because sometimes (such
as in our case) the Noder's Neder is attached to an Isur, and, by
suppressing part of the information, he hopes that the Chacham will revoke
his Neder so that he can transgress the Isur.
(a) The Mishnah in Bechoros says that a Kohen who marries women who are
forbidden to him (such as a divorcee) - is Pasul to perform the Avodah until
he makes a Neder forbidding the forbidden women on himself (because people
took Nedarim more seriously, it seems, than Isurim that are imposed by
The reason that ...
(b) According to Rav Nachman, we are not afraid that he will simply go to a
Chacham to have his Neder revoked, because he has to make a Neder 'be'Rabim.
According to those who permit a Neder be'Rabim to be rescinded - we force
him to make a Neder 'al-Da'as Rabim', which everybody agrees, cannot be
(c) A Neder 'al-Da'as Rabim' - is one where the Noder states that he is
declaring the Neder according to the Beis-Din's intentions.
(d) A Neder she'Hudar al-Da'as Rabim can however, be rescinded - if it is
for a D'var Mitzvah (as we shall now see).
1. ... Rav Acha deposed a certain children's Rebbe with a Neder al-Da'as
Rabim that he would never teach children again is - because he was too
strict with them (hitting them excessively when they misbehaved).
2. ... Ravina revoke that Neder is - because there was nobody who could
match his competence in teaching children (he took meticulous care to
transmit the text accurately).