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Gitin 14

GITIN 14 & 15 - have been anonymously dedicated by a very special Marbitz Torah and student of the Daf from Ramat Beit Shemesh, Israel.


(a) Rav Ashi suggests the reason that Ma'amad Sheloshtan applies even to a loan is because, due to the extended time period, the debtor gladly obligates himself to the new creditor. But Rav Huna the grandson of Rav Nechemyah refutes this suggestion by referring to people the likes of Bei bar Elyashiv.
What did *they* used to do?

(b) Why does this create a problem with Rav Ashi's explanation?

(c) Why should we not differentiate between the majority of people and people of the caliber of Bei bar Elyashiv?

(a) So how does Mar Zutra finally explain Rav Huna Amar Rav? What is the reason for Ma'amad Sheloshtan?

(b) Who gives the Chachamim the right to institute Halachos without any real reason?

(a) What did Rav Yehudah Amar Shmuel say about someone who writes all his property to his wife?

(b) And what did Rav Chananyah say about someone who marries off his son in a house that belongs to him but in which he does not reside?

(c) What do these two Halachos have in common with Rav's Din of Ma'amad Sheloshton?

(a) Having instructed the trustee (or the debtor) to hand the deposit (or the loan) to a third person, is the owner (or the creditor) permitted to retract?

(b) What did Rav deposit with Rav Acha Bardela?

(c) What did Rav mean when, in the presence of the recipient, he instructed Rav Acha Bardela to hand it to him, adding that he would not retract?

(d) Having already stated this with regard to someone who deposited (or lent) a Manah, why did he find it necessary to repeat it?

(a) One of a group of gardeners thought that he owed his colleagues five Istiri Zuzi.
How much is that?

(b) What did his colleagues instruct him to do with the money?

(c) What did Rav Nachman initially rule when the gardener came before him (for permission to retract)?

(d) What made him change his mind?

(a) Rav says that if one man asks another to take a Manah to his creditor, he remains responsible to replace it should anything happen to the money, yet he cannot retract.
What does Shmuel say?

(b) If, as we suggest, they argue over whether 'Holech ki'Z'chi (Rav) or not (Shmuel), then on what grounds will he be held responsible, according to Rav, in the event of an accident occurring?

(c) We conclude that both Rav and Shmuel hold 'Holech ki'Z'chi'.
Then what is the basis of their Machlokes?

(d) In which regard will Shmuel then agree that he cannot retract?

(a) In the previous case (of Holech ki'Z'chi), why will we rule like Rav, despite the principle 'Halachah ki'Sh'muel be'Dini' ('the Halachah is like Shmuel in money-matters')?

(b) On what grounds do we obligate a trustee who gives a deposit to a second person to look after?

(c) In that case, how can the Tana rule that if a trustee says 'Holech Manah li'P'loni Pikadon she'Yesh Lo be'Yadi', he cannot retract? On the contrary, we should force him to retract?

(a) What were Rav Sheishes coats doing in Mechuza?

(b) Whom did he ask to bring them back with him when he returned from there?

(c) Why did the businessmen ask him to make a Kinyan before setting out for home? Did he comply with their request?

(d) What was ...

  1. ... Rav Sheishes saying when, upon Rav Yosef's return, he quoted the Pasuk in Mishlei "Eved Loveh le'Ish Malveh"?
  2. ... the second version of Rav Sheishes statement?
Answers to questions



(a) Rebbi Dustai b'Rebbi Yanai and Rebbi Yossi bar Kipar undertook to return some silver in a container from Neherda'a on behalf of Rebbi Achi b'Rebbi Yoshiyah.
How did the men of Neherda'a respond when Rebbi Dustai b'Rebbi Yanai and Rebbi Yossi bar Kipar declined to make a Kinyan?

(b) Rebbi Dustai b'Rebbi Yanai agreed to return the silver immediately. Why did he do that?

(c) What did he comment when the men of Neherda'a, who were beating Rebbi Yossi bar Kipar for refusing to return it, complained to him about his colleague's obstinacy?

(d) On what grounds did Rebbi Yossi bar Kipar refuse to return the silver?

(a) When, upon their return, Rebbi Achi b'Rebbi Yoshiyah asked Rebbi Dustai b'Rebbi Yanai why he had agreed to return the silver immediately, he described the frightening appearance of the men of Neherda'a.
How did he describe ...
  1. ... their size?
  2. ... their clothes?
  3. ... their voices?
  4. ... their names?
(b) What did Rebbi Dustai b'Rebbi Yanai say those men would do if they threatened to tie somebody up or kill him?

(c) What was he afraid of?

(d) What did he finally say that caused Rebbi Achi b'Rebbi Oshaya to vindicate him? To whom were they close? What ran behind them?

(a) If the Sheli'ach who brought the Sh'tar was unable to find the recipient, two Tana'im argue over how the Sheli'ach proceeds. According to the Tana of one Beraisa, he must return the Sh'tar to the Meshale'ach. According to the Tana of another Beraisa, he gives it to the heirs of the recipient. How do we try to establish the Machlokes?

(b) Rebbi Aba bar Mamal however, maintains that, in fact, both Tana'im hold 'Holech La'av ki'Z'chi'.
Then what is the reason of the Tana who rules that it should be given to the heirs of the recipient?

(c) According to Rav Z'vid, both Beraisos speak about a Shechiv-Mera.
Then what is the reason of the Tana who holds that it should be returned to the Meshale'ach?

(d) Rav Papa establishes both Beraisos by a healthy Meshale'ach.
In that case, when does the Sheli'ach give the Sh'tar ...

  1. ... back to the Me'shale'ach?
  2. ... to the heirs of the recipient? Why is that?
(a) The Tana Kama in another Beraisa rules that in the case of 'Holech Manah li'P'loni u'Biksho ve'Lo Matz'o', the Sheli'ach must return the money to the Meshale'ach. If the Meshale'ach died, Rebbi Nasan and Rebbi Ya'akov say that he should return the money to his heirs.
What do Yesh Omrim say?

(b) Rebbi Yehudah ha'Nasi Mishum Rebbi Ya'akov Mishum Rebbi Meir cites the principle 'Mitzvah Lekayem Divrei ha'Meis'.
What do the Chachamim say?

(c) The most unusual ruling is that of ve'Ka'an Amru', who hold 'Shuda de'Dayna'.
What is 'Shuda de'Dayna'?

(d) Where is 'Ka'an'?

(a) Assuming the key issue among the Tana'im in the above Beraisa to be whether we say 'Holech ki'Zchi' or not, what will the Tana Kama ('Biksho ve'Lo Matz'o, Yachzero li'Meshale'ach') on the one hand, and Rebbi Nasan and Rebbi Ya'akov ('Meis Meshale'ach, Yachzero le'Yorshei Meshale'ach) on the other, as well as Rebbi Yehudah ha'Nasi ('Mitzvah Lekayem Divrei ha'Meis') all hold?

(b) In which point do Rebbi Ya'akov and Rebbi Nasan argue with Rebbi Yehudah ha'Nasi?

(c) Yesh Omrim ('le'Yorshei Mi she'Nishtalchu Eilav') clearly holds 'Holech ki'Z'chi'.
What do the Chachamim ('Yachloku') hold?

(a) The final opinion is that of Rebbi Shimon ha'Nasi, who cites an episode when the ruling was 'Yachzeru le'Yorshei Meshale'ach'.
Seeing as he concurs with the opinion of Rebbi Nasan and Rebbi Ya'akov, what is he coming to teach us?

(b) We conclude however, that the Tana'im argue in the case of a Shechiv-Mera. What would they all hold with regard to the gift of a healthy person?

(c) In fact, they argue over the same point as Rebbi Elazar and the Rabbanan in another Beraisa. According to Rebbi Elazar, a Shechiv-Mera who distributes his property requires a Kinyan (Kesef, Sh'tar or Chazakah for property; Meshichah for movable objectss).
What do the Chachamim say?

(a) How did the Chachamim attempt to prove their point from the case concerning the dying mother of the B'nei Ruchal?

(b) How much was the brooch that she bequeathed her children worth?

(c) On what grounds did Rebbi Elazar repudiate the Chachamim's proof?

(d) Why did Rebbi Elazar brand them as Resha'im? What did they do to deserve this title?

Answers to questions

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