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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 10

GITIN 9 & 10 - have been anonymously dedicated by a very special Marbitz Torah and student of the Daf from Ramat Beit Shemesh, Israel.


(a) We just suggested that the Tana of the Beraisa that compares Gitei Nashim and Shichrurei Avadim omits the two cases of 'Lishmah' and 'Mechubar' because they are d'Oraysa, whereas he only speaks about cases that are de'Rabbanan.
What problem does that create with regard to the case of Chazarah which the Tana inserts according to Rebbi Meir?

(b) Why is the case of 'Chazarah' d'Oraysa? What is its source?

(c) So why *does* the Tana omit 'Lishmah' and 'Mechubar' from the Beraisa?

(d) And how will we then explain 'Chazarah', which also applies to Kidushin?

(a) The Tana of our Mishnah writes 'All Sh'taros on which a Kuti has signed are Pasul, except for ... '.
What are the exceptions to this rule?

(b) What did Raban Gamliel rule with regard to the Get Ishah that they brought before him when he was in K'far Osna'i, on which a Kuti had signed?

(a) What do we learn from the Pasuk in Bo "u'Shemartem es ha'Matzos" (with regard to the baking of the Matzos Mitzvah at the Seder)?

(b) The Tana Kama of a Beraisa permits Matzah baked by a Kuti on Pesach, because he is careful not to allow it to become Chametz.
Does this Heter extend to Matzos Mitzvah at the Seder?

(c) Rebbi Elazar forbids it.
Why is that?

(d) What does Raban Shimon ben Gamliel come to add to the words of the Tana Kama when he says 'Kol Mitzvah she'Hichziku Bah Kutim, Harbeh Medakdekim Bah Yoser mi'Yisrael'?

(a) Why does our Mishnah not seem to follow any of the opinions in the Beraisa that we just quoted?

(b) What distinction does Rebbi Elazar (ben P'das, the Amora) make with regard to our Mishnah between one Kuti witness and two Kuti witnesses?

(c) Why does that prevent us from resolving the currant difficulty by answering that the Kutim were careful concerning Gitei Nashim and Shichrurei Avadim but not concerning other issues?

(d) We establish our Mishnah like Rebbi Elazar in the Beraisa, and Gitei Nashim ... are different, because it speaks when the Yisrael signed after the Kuti.
So what if he did?

Answers to questions



(a) If, as we just explained, the Tana of our Mishnah speaks when the Yisrael signed after the Kuti (indicating that the latter must have been a Kuti Chaver) - why do we not say the same with regard to other Sh'taros? How does Rav Papa explain the distinction between Gitei Nashim and Shichrurei Avadim on the one hand, and other Sh'taros, on the other)?

(b) What reason does Rav Ashi give for Rav Papa's stringency, that all the witnesses must sign on Gitei Nashim and Shichrurei Avadim simultaneously?

(c) Why did Rebbi Elazar find it necessary to restrict the leniency of our Mishnah to *one* Kuti witness? Why could we not learn this ourselves from the Lashon of the Mishnah 'Kol Get she'Yesh Alav Eid Kuti, Pasul Chutz mi'Gitei Nashim ... '?

(d) How will we reconcile Rebbi Elazar with our Mishnah, which relates that Raban Gamliel validated a Get Ishah that came before him ... even though the witnesses were Kutim, according to ...

  1. ... Abaye?
  2. ... Rava, who retains the original text of 'Eidav' (in the plural)?
(a) The Tana Kama of our Mishnah validates Sh'taros that are written in law-courts of Nochrim.
Does it matter that the witnesses are Nochrim too?

(b) The two exceptions are Gitei Nashim and Shichrurei Avadim.
What does Rebbi Shimon say?

(a) Our Mishnah validates all Sh'taros that are written in the law-courts of Nochrim, irrespective of whether they are documents of sale or of gift. On what grounds do we accept the Mishnah's ruling with regard to documents of sale, but query it vis-a-vis documents of gift?

(b) How do we know that the purchaser has already paid?

(c) Shmuel resolves this She'eilah with the words 'Dina de'Malchusa Dina'. What does he mean with that?

(d) What is the alternative answer?

(a) Rebbi Shimon in our Mishnah validates even Gitei Nashim that are written in law-courts of Nochrim.
How does Rebbi Zeira resolve the problem that Nochrim are not subject to 'K'risus'?

(b) And how does Rebbi Aba resolve this with Rebbi Elazar (ben P'das), who explains that Rebbi Elazar concedes that when the Sh'tar is 'forged from within' it is Pasul (even when there are Eidei Mesirah)?

Answers to questions

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