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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 3

GITIN 3 - dedicated by Marcia and Lee Weinblatt to the merit of Mr. and Mrs. Israel and Gisela Turkel (Yisroel Shimon ben Reb Shlomo ha'Levy, Golda bas Reb Chaim Yitzchak Ozer), of blessed memory.


(a) What is 'Kiyum Sh'taros'? How is it performed?

(b) What problem does this create in our Mishnah according to Rava, who explains our Mishnah because of 'Ein Eidim Metzuyin Lekaymo'?

(c) The truth of the matter is that documents should not need to be substantiated at all, due to a statement of Resh Lakish.
What did Resh Lakish say about witnesses who signed on a document?

(d) How does this enable us to understand why, according to Rava, one Shelia'ch is sufficient?

(a) On what grounds does Rava disagree with Rabah's reason (of 'Le'fi she'Ein Beki'in Li'shmah')?

(b) According to Rabah however, Chazal had good reason for not obligating the Sheli'ach to add the word 'Li'shmah'.
What is it?

(c) Why are we more afraid to make the Sheli'ach say 'be'Fanai Nichtav Li'shmah' than 'be'Fanai Nichtav'?

(d) Then how will we know that the Sh'tar was indeed written Lishmah?

(a) On what grounds does Rabah disagree with Rava's reason (of 'Le'fi she'Ein Eidim Metzuyin Lekaymo')?

(b) How does Rava counter Rabah's argument?

(c) Rabah however, replies that for three reasons, nobody will confuse our case will Kiyum Sh'taros: 1. because here, Chazal insisted on using the Lashon 'be'Fanai Nichtav ... ', whereas by 'Kiyum Sh'taros', the witnesses only need to say 'We know ... '. 2. because even a woman is believed, whereas by Kiyum Sh'taros she is not.
What is Rabah's third proof?

(d) Rabah's second and third Kashya do not perturb Rava (see Tosfos DH 'Keyvan').
On what grounds does he refute his first Kashya?

Answers to questions



(a) In a Mishnah in the second Perek, the Tana forbids (Lechatchilah) writing a Get on something that is attached to the ground.
On what grounds is that Pasul? Why do we assume the author of this Mishnah to be Rebbi Meir?

(b) Under what circumstances does he validate a Get that was?

(c) How does Rebbi Meir interpret the Pasuk "ve'Kasav ... ve'Nasan" (by the same token "ve'Kasav Lah" regarding writing the Get Li'shmah)? In what connection are both of these Pesukim written?

(d) Rebbi Elazar argues with Rebbi Meir. According to him, "ve'Kasav Lah" pertains to the Kesivah, and not to the Chasimah.
From which statement of Rebbi Elazar do we learn this?

(a) What problem does this pose on Rabah, who attributes 'be'Fanai Nichtav u'be'Fanai Nechtam' to 'Le'fi she'Ein Beki'in Li'shmah'?

(b) How do we try to reconcile Rabah with Rebbi Elazar, and establish our Mishnah like the latter?

(c) What does the Tana Kama of the Mishnah in Bava Basra say about a Get which is written in the husband's handwriting but on which witnesses did not sign, or even if they did, if it was not dated?

(d) What is the third case mentioned by the Tana together with these two?

(a) Are the Gitin in the Mishnah there Pasul d'Oraysa or de'Rabbanan?

(b) What does Rebbi Elazar say?

(c) How does this disprove our suggestion to establish our Mishnah like Rebbi Elazar?

(d) Why then, according to Rebbi Elazar, do witnesses need to sign on a Get at all?

7) Rebbi Elazar concludes his statement 've'Govah mi'Nechasim Meshubadim'. This appears to mean that the woman may claim her Kesuvah from Nechasim Meshubadim'.
What else might it mean?


(a) We concluded (for the time being) that, according to Rabah, the author of our Mishnah cannot be Rebbi Elazar.
How do we attempt to establish it like Rebbi Meir, despite the fact that he does not require Kesivah Li'shmah?

(b) We refute this theory however, with a statement of Rav Nachman.
What did Rav Nachman say in the name of Rebbi Meir regarding a Get that someone found in a trash-heap (that disproves it)?

(c) How do we know that Rebbi Meir is not speaking about Torah-law, but that mi'de'Rabbanan, the Get is Pasul?

Answers to questions

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