ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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 Milwaukee).
(a) Rav Yehudah instituted that, in the wording of a document of sale of an
Eved Cana'ani, one adds 'Avda D'nan Mutzdak le'Avdu ... '.
1. 'Mutzdak le'Avdu' means - that the sale is uncontested.
(b) 've'Rashum de'Inash Lo Is Alohi, u'Menukeh mi'Kol Mum u'min Sh'chin
de'Nafik ad Titzhar'.
2. 'u'Patir ve'Atir mi'Kol Charuri' - that he is totally removed from
3. 'u'min Aruri Malka ... ' - that the king has no claim to him.
1. ... 'Rashum' is - the badge worn by slaves as a mark of slavery.
(c) The Sugya in Kesuvos 'Simpon ba'Avadim Leika' - speaks when no
conditions were stipulated, whereas here we are speaking when there were.
2. ... 'u'Menukeh mi'Kol Mum' means - that he is not a robber.
3. ... 'u'min Sh'chin de'Nafik ad Titzhar' - that he is clean from all boils
that appear up to two years (and which would therefore indicate that the
illness has already begun [because boils tend to reappear for a period of up
to two years]).
4. ... 'Chadas ve'Atik' means - whether the boil is new or old.
(d) Ginger, sulfur, wine-vinegar, the waste of silver (a by-product known as
litharge), olive oil and white Naphtha - mixed together constitute the cure
for boils, which one rubs in with a goose-feather.
(a) The Tana Kama of our Mishnah says that if a Get is written in the
husband's handwriting but on which witnesses did not sign, or even if they
did, if the Sh'tar was not dated - it is Pasul, though the children are
(b) The third case listed by the Tana is - if the Sh'tar is dated but there
is only one witness (this will be explained shortly).
(c) These Gitin are Pasul mi'de'Rabbanan (but Kasher mi'd'Oraysa).
(d) The author of our Mishnah does not appear to be Rebbi Meir (see Tosfos
DH 'Sheloshah') - because according to Rebbi Meir, the children would also
(a) Rebbi Elazar says - that even if no witnesses sign on a Get, as long as
it is handed over in the presence of witnesses, it is Kasher.
(b) When he says 've'Govah mi'Nechasim Meshubadim' - he is referring to
Sh'tarei Chov, because he holds 'Eidei Mesirah Karsi by all Sh'taros.
(c) Even though he validates a Sh'tar even when no witnesses signed on it,
witnesses nevertheless tend to sign on a Sh'tar - due to Tikun ha'Olam, in
case the witnessess who witnessed the handing over of the Sh'tar are
overseas or no longer alive, when they are needed to substantiate it.
(a) The Tana does not include in the list (of Gitin Pesulin, ve'ha'V'lad
1. ... Get Yashan, assuming that our Mishnah holds ...
(b) And according to those who hold in our Mishnah 'Teitzei' - we will have
to say that our Tana speaks exclusively about a regular Get, and not about a
a. ... 'Teitzei' - because there the Din is 'Lo Seitzei'.
2. ... 'Get Kere'ach', according to ...
b. ... 'Lo Seitzei' - because there, she is even permitted to marry
Lechchatchilah, whereas here, only Bedieved.
a. ... Rebbi Meir who holds 'Kol ha'Meshaneh mi'Matbe'a she'Tav'u Chachamim
be'Gitin, ha'V'lad Mamzer' - because here, the Tana holds 'ha'V'lad Kasher'.
b. ... the Chachamim who hold ... ha'V'lad Kasher' - because there, the Din
is ha'V'lad Teitzei', whereas here, we hold 'Lo Seitzei'.
(c) The Tana does not include the case of 'Kasav le'Shem Malchus', where the
Din is 'Teitzei', according to those who hold here too 'Teitzei' - because
the author of our Mishnah is Rebbi Meir, who considers the children there to
be Mamzeirim, whereas the children in our Mishnah are all legitimate.
(d) Rebbi Meir legitimizes the children in our Mishnah on the grounds - that
the husband's signature is really like a hundred witnesses, in which case
the Sh'tar is really Kasher.
(a) Our Mishnah opens with the words 'Sheloshah Gitin Pesulin'. Later it
states 'Harei Eilu Sheloshah Gitin ... '. From the first number we exclude -
the three cases we just discussed (Get Yashan, Get Kere'ach and Shalom
(b) The second number - comes to exclude the case in the Beraisa, of someone
who brings a Get from overseas and fails to say 'be'Fanai Nichtav u've'Fanai
Nechtam', according to Rebbi Meir, who says 'Yotzi ve'ha'V'lad Mamzer'. The
Chachamim say there - that the V'lad is not a Mamzer, and that all that is
needed is for the Sheli'ach to take back the Get and declare 'be'Fanai
Nichtav ... ' before returning it to the woman.
(c) In spite of Rebbi Meir having already taught in the Beraisa that
'ha'V'lad Mamzer', the Tana of our Mishnah nevertheless finds it necessary
to repeat it here by way of inference - to teach us that the Beraisa is
(a) Rav says 'Kasav bi'K'sav Yado Shaninu'. This cannot refer to ...
1. ... the Reisha ('Kasav bi'K'sav Yado ve'Ein Alav Eidim') - because that
is precisely what the Tana says.
(b) Then he must be referring to the Seifa 'Yesh Bo Z'man ve'Ein Bo Ela Eid
2. ... the middle case ('Yesh Alav Eidim ve'Ein Alav Z'man') - because since
there are already witnesses who have signed, what difference will it make
whether it is the husband who wrote the Get or the Sofer.
(c) The Din will differ if it was the Sofer who wrote the Get and not the
owner - inasmuch as the children will then be Mamzeirim.
(d) In spite of having already taught that when there are no witnesses at
all, the Get is Kasher, the Tana needs to repeat the same Din when there is
one witness - to teach us that even when there is one witness together with
the husband's handwriting, she is nevertheless not permitted to marry
(a) We just cited Rav who explains holds 'Kasav bi'K'sav Yado Shaninu'.
Based on the Mishnah later, which specifically states 'Kasav bi'K'sav Yado
Kasher', Shmuel validates even 'Kasav Sofer ve'Eid'.
(b) Rav rejects Shmuel's proof from that Mishnah - based on the fact that
the Tana there permits the woman to marry Lechatchilah, whereas here, the
Tana forbids it (forcing us to make an amendment).
1. ... Rav amends that Mishnah - to 'Chasam Sofer ve'Eid' (as we shall see
(d) Rav sometimes said 'Teitzei', and sometimes 'Lo Teitzei' - depending
upon whether the woman had children from the second husband or not.
2. ... Shmuel resolves the discrepancy by establishing that Mishnah by an
expert Sofer (who knows not to write the Get unless the husband instructs
him to do so); whereas our Mishnah speaks about a regular Sofer (whom we
suspect of writing the Get on the instructions of a Sheli'ach).
(a) The Beraisa rules that if any of the fifteen Arayos (who normally exempt
the Tzaros from Yibum and Chalitzah) were a Safek Kidushin or a Safek
Gerushin - the Tzaros must perform Chalitzah.
(b) The case of Safek Kidushin is when he threw her Kidushin and we do not
know whether it landed closer to her or to him. The case of Safek Gerushin
is - any of the three cases of Get Pasul in our Mishnah, which adopt the Din
of a Safek.
(c) We are not concerned that, if we say 'Lo Seitzei', the Tzarah will be
tempted to perform Yibum instead of Chalitzah - because based on the fact
that, min ha'Torah, the Get is valid, even if the Tzoroh does perform Yibum,
she will not have transgressed any real Isur.
(d) Levi says 'Lo Seitzei'. With regard to 'K'sav Yado ve'Eid', Rebbi
Yochanan supports Rav - in the current Machlokes, he supports Levi.
(a) Besides the above ruling, Rebbi Yochanan told the sons of Rebbi Chalafta
from Cheifa in their father's name, that if a 'Kartzis' (which is a huge
species of fly the size of a locust) that lives among the sheaves drinks
from the Mei Chatas - it does not render it Pasul.
(b) According to the Tana of the Beraisa ...
1. ... birds that drank from the Mei Chatas render it Pasul - because they
lap up the water and some of it drips back into the container. Consequently,
based on the fact that Mei Chatas loses its identity once it enters any
animal's mouth. Consequently, the water that drips is no longer Mei Chatas
and disqualifies the rest of the water.
(c) According to Rebbi Yochanan, the Tana did not list the Chartzis together
with the dove - because the Halachah regarding it is not clear-cut, seeing
as a very large one does not invalidate the Mei Chatos, whereas a small one
2. ... a dove that drank fom the Mei Chatas does not render it Pasul -
because it drinks by sucking the water, so that none of the water in its
mouth drips back into the container.
(d) Rebbi Yirmiyah or Rebbi Ami says that a Chartzis is called 'small' up to
the size of an olive.
(a) Rav Yehudah Amar Rav rules like Rebbi Elazar ('Eidei Mesirah Karsi') by
Gitin. When Rav Yehudah (who went to learn by Shmuel after Rav's death)
informed him of Rav's ruling - he commented that the Halachah is like him by
Rebbi Yehoshua ben Levi, Resh Lakish and Rav Huna, Rav Chama bar Gurya and
Rebbi Elazar in the name of Rav, all hold - 'Halachah ke'Rebbi Elazar
(b) Although Rav only rules like Rebbi Elazar with regard to Gitin, he
nevertheless concedes that he himself issued his ruling by all Sh'taros (as
we see in our Mishnah, where he concludes 've'Govah mi'Nechasim
(c) Based on the Pasuk "ve'Kasuv ba'Sefer ve'Chasum", the basis of the
Machlokes between Rav and Shmuel is - whether Yirmiyah was teaching the
people that documents must be signed in order to be valid (Rav), or whether
he was merely advising them to do so (because they were about to go into
exile and would not return for some time - Shmuel).
(d) When both Rebbi Yanai and Rebbi Yochanan said 'Afilu Re'ach ha'Get Ein
Bo', they meant - that the Get is not even valid le'Chumra (to be forbidden
to marry a Kohen in the event of their husband's death). It does not follow
that they do not hold like Rebbi Elazar - because they said this according
to the Rabbanan.
(a) If two men with the same name sent two Gitin to their wives who also had
the same name, and the two Gitin got mixed up - they must hand each Get to
both women (independently), for them to be divorced.
(b) If one of the Gitin is lost - the other one is Pasul.
(c) If five men wrote five Gitin on the same piece of parchment, and the
witnesses signed after the last one, assuming that they wrote ...
1. ... a general Get for all of them (which will be explained later)
concluding 'P'loni Megaresh P'lonis, u'P'loni, P'lonis' - then all five
Gitin are Kasher.
2. ... five individual Gitin, one for each couple - then only the bottom
one, together with which the signatures can be read, is Kasher.
(a) Rebbi Yirmiyah establishes the Seifa of our Mishnah not like Rebbi
Elazar who holds 'Eidei Mesirah Karsi' - because according to him, the
Mesirah needs to be Lish'mah (i.e. having in mind the woman who is being
divorced, which is not the case in our Mishnah, seeing as they do not know
who the woman is).
(b) Abaye reconciles our Mishnah even with Rebbi Elazar - because, he says,
since the Torah writes "ve'Kasav Lah" ('Lishmah') it is the Kesivah that
Rebbi Elazar requires Lishmah, and not the Mesirah.