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Gitin 13

GITIN 13 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.


(a) Our Mishnah states 'ha'Omer, T'nu Get le'Ishti Sh'tar Shichrur le'Avdi', Lo Yitnu le'Achar Misah'.
On what grounds does the Tana state 'T'nu Get le'Ishti', and not 'Tein ... '?

(b) What will be the Din if he were say 'T'nu Manah li'Peloni'?

(c) How does Rav Yitzchak bar Marsa quoting Rav qualify the Seifa of the Mishnah ('T'nu Manah ... ')?

(d) What problem do we have with that, assuming that the donor is ...

  1. ... healthy?
  2. ... a Sh'chiv-Mera? What do we say about the words of a Sh'chiv-Mera?
(a) Rav Z'videstablishes it by a healthy man.
Why then will his command be fulfilled even though no Kinyan was made? What did Rav Huna Amar Rav say about 'Manah Li be'Yadcha, Teneihu li'Peloni ... '?

(b) Why then, does the money need to be piled up in a corner?

(c) Rav Papa establishes the case by a Sh'chiv-Mera. Nevertheless, the money needs to be piled up, due to another statement of Rav.
What distinction does Rav make between Manah S'tam and Mazah Zu, in a case where someone says 'T'nu Manah li'Peloni mi'Nechasai'?

(d) Why do we not obey his instructions in a case of Manah S'tam?

Answers to questions



(a) We just learned how Rav Z'videstablished the Seifa of our Mishnah ('T'nu Manah le'Ish P'loni ... ') with regard to a healthy man, in accordance with Rav Huna Amar Rav (regarding the Din of Ma'amad Shelashtan); whereas Rav Papa established it by a Shechiv-Mera (because of the suspected hidden Manah).
Why does ...
  1. ... Rav Papa decline to learn like Rav Zevid?
  2. ... Rav Z'viddecline to learn like Rav Papa?
(b) The Tana of our Mishnah said 'ha'Omer *T'nu* Get le'Ishti ... *u'Meis*, Lo Yitnu le'Achar Misah'.
What can we infer from the combination of the two words 'u'Meis' and 'T'nu'?

(c) How does Rav Z'vidprove from here that our Mishnah cannot be referring to a Shechiv-Mera?

(a) Initially, says the Mishnah in T'vul Yom, Chazal decreed that if a Yotze be'Kolar announced 'Write a Get for my wife'!, whoever heard him was to write the Get and hand it to her.
What is a 'Yotze be'Kolar'?

(b) Why would a person make such an announcement?

(c) On what grounds do we actually hand his wife the Get, seeing as he did not leave instructions to that effect?

(a) Still in the above Mishnah in T'vul Yom, the Chachamim added someone who travels overseas or who traverses a desert, to the Din of 'ha'Yotze be'Kolar'.
What did Rebbi Shimon Shezuri add to the list?

(b) As we have already seen, Rav Z'vidproves from this Mishnah that one gives a Get to the wife of a Shechiv-Mera, even if he did not actually say 'T'nu', explaining our Mishnah accordingly.
What objection does Rav Ashi raise to Rav Z'vid'sproof?

(a) We have already cited Rav Huna Amar Rav's Din of Ma'amad Sheloshtan. Rava agrees with Rav Zevid, who confines it to a Pikadon, where the money or the object is still there.
What does the Sugya comment on Rava's statement?

(b) What does Shmuel quoting Levi say about it?

(c) What is the problem with this ruling?

(d) How does Ameimar attempt to resolve this problem?

(a) On what grounds does Rav Ashi object to Ameimar's reason? Why should anyone who was not yet born at the time of the loan not be subject to the concession of Ma'amad Sheloshtan?

(b) Why does Rav Ashi's objection apply even according to Rebbi Meir, who holds 'Adam Makneh Davar she'Lo Ba Le'olam'?

Answers to questions

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