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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 23

GITIN 23 (7 Adar) - has been dedicated by Rav David Sheinfeld in memory of his father in law, Ha'Rav Ha'Gaon Rav Shaul David ben Moreinu Ha'Rav Alter Yozfa Ha'Kohen ZT'L, Av Beis Din of Prushkov (near Warsaw), examiner for Yeshivas Chachmei Lublin and close disciple of ha'Gaon Rav Meir Shapiro, and Rav of Congregation Degel Israel (presently in Kew Gardens Hills, N.Y.)


(a) Rav Huna just established our Mishnah which validates a Get written by a 'Chashu', when a Gadol is supervising them and instructing them to write it Lish'mah. Rav Nachman asked him why, in that case, a Get written by a Nochri should not also be Kasher under the same condition.
How does Rav Nachman know that it is not?

(b) How does Rav Nachman answer his own Kashya?

(c) How does Rav Nachman finally repudiate his own explanation? What did he extrapolate from the Mishnah later, which disqualifies a Nochri from bringing a Get?

(d) How does he reconcile this with the initial Beraisa that he quoted, which invalidates a Get that a Nochri wrote?

(a) How does Rav Nachman explain 'Chashu' in our Mishnah? Why is the Get Kasher?

(b) And how does he then explain the Beraisa, which specifically invalidates a Get written by a Nochri?

(c) What will Rebbi Meir say about a completed Get that one finds in a trash heap?

(a) How will Rav Nachman then explain ...
  1. ... the Pasuk "ve'Kasav Lah", from which we extrapolate "Lah" 'Lish'mah'?
  2. ... the S'tam Mishnah in 'Kol Get' 'Kol Get she'Nichtav she'Lo Leshum Ishah, Pasul'?
  3. ... the Beraisa 'ke'she'Hu Kosvo, Ke'ilu Kosvo Lish'mah'?
(b) How did we initially understand this Beraisa?

(c) What is the alternative explanation to cover both the Mishnah in 'Kol Get' and the Beraisa 'ke'she'Hu Kosvo ... '?

(a) Rav Yehudah Amar Rav disagrees with Rav Huna and Rav Nachman's interpretation of our Mishnah and so does Rebbi Chaga Amar Ula. How do they explain our Mishnah, which validates a Get written by a 'Chashu' (according to Rebbi Elazar and even without a Gadol supervising him)?

(b) What did Rebbi Zerika Amar Rebbi Yochanan mean when he said concerning this opinion 'Einah Torah'? How does *he* explain the Mishnah?

(c) How do we reconcile this with Rabah bar bar Chana Amar Rebbi Yochanan, who established our Mishnah like Rebbi Elazar?

(a) Who, besides a 'Chashu', does the Tana of our Mishnah disqualify from bringing a Get from overseas?

(b) Will it make any difference if, during the course of the Shelichus, the Katan grew up, the Cheresh was cured or the Shoteh became normal?

(c) In which case will this change in their status validate their Shelichus (at least in the case of the Cheresh and the Shoteh)?

(d) The Tana disqualifies a 'Chashu' from Shelichus of a Get because he does not have Da'as.
On what grounds does he disqualify a Nochri?

(a) On what grounds does Rav Yosef refute the suggestion of Rav Sheishes (who was himself blind) that a blind man is disqualified from Shelichus ha'Get because he cannot see who gave him the Get or to whom he is giving it?

(b) To what does Rav Yosef (who was also blind) attribute their being Pasul?
About which location will the Mishnah then be speaking?

(a) What will be the Din according to Rav Yosef, if a Sheli'ach became blind during the course of the Shelichus? Will his Shelichus be valid?

(b) How do we then refute Abaye's Kashya on Rav Yosef from our Mishnah 'Pasu'ach ve'Nistama ve'Chazar ve'Nistama, Kasher', which implies that 'Pasu'ach ve'Nistama' is Pasul?

(a) What did they ask Rebbi Ami about a slave being a Sheli'ach?

(b) Will it make any difference whether he is Sheli'ach le'Kabalah (on behalf of the wife) or a Sheli'ach le'Holachah (on behalf of the husband)?

(c) What did Rav Sheishes reply, based on our Mishnah which disqualifies Nochrim?

(d) Rav Asi Amar Rebbi Yochanan disagrees with Rebbi Ami.
What does he say?

Answers to questions



(a) On what grounds does the Tana ...
  1. ... of a Mishnah in Terumos declare the Terumah of a Nochri valid?
  2. ... of another Mishnah in Terumos invalidate the Terumah that a Nochri separates from the produce belonging to a Jew? What are the ramifications of this ruling?
(b) Then why is the Terumah separated by a Kuti or by a slave, valid?

(c) How did we initially Darshen "Gam Atem"?

(d) What do we mean when we say that a slave is a 'ben B'ris'?

(a) Rebbi Chiya bar Aba Amar quoting Rebbi Yochanan conforms with Rav Asi (who invalidates a slave from the Shelichus of a Get). What is then the problem with Rebbi Yochanan's conclusion 've'Af-al-Pi she'Shaninu Harei At Shifchah u'V'ladcha ben Chorin, Im Haysah Ubrah, Zachsah Lo' (which is a Beraisa)?

(b) Rav Shmuel bar Yehudah therefore adds a second statement to explain Rebbi Yochanan's conclusion.
What did he also say about a slave receiving a Get Shichrur on behalf of his friend?

(c) In that case, how can he receive a Get Shichrur on his own behalf?

(a) To answer the apparent discrepancy between Rebbi Yochanan's second statement and the Beraisa, either Rebbi Zeira or Rebbi Shmuel bar Yitzchak establishes the author of the Beraisa as Rebbi.
What does Rebbi say about someone who sets free half of his slave?

(b) Why is this answer inadequate? Why will it not explain the Beraisa, 'Harei At Shifchah u'V'ladcha ben Chorin, Im Haysah Ubrah, Zachsah Lo'?

(c) Rebbi Zeira or Rebbi Shmuel bar Yitzchak supplied the basic answer.
How does the other one now explain it?

(a) Even women who are not believed to testify that the following women's husbands died (to permit them to remarry) are believed to bring a Get for their Tzarah (rival wife) from overseas.
Why is that?

(b) These include her mother-in-law and *her* daughter, her Tzarah and her 'Yevemtah'.
Who is meant by 'Yevemtah'? Why is she not believed to testify that her husband died?

(c) Is a woman believed to bring her own Get from overseas?

(a) Our Mishnah seems to clash with a Beraisa, which specifically declines to differentiate between a woman who brings a Get and one who testifies that the husband died (with regard to the four women mentioned in our Mishnah). Rav Yosef establishes our Mishnah by one of the women concerned who brings a Get in Eretz Yisrael - where we believe her because we do not need to rely on her words ('be'Fanai Nichtav'), whereas the Beraisa speaks in Chutz la'Aretz, where we do.
On what grounds does Abaye reverse the cases?

(b) In a Beraisa which comes to substantiate Abaye, Rebbi Shimon ben Elazar quoting Rebbi Akiva, states that a woman is believed to bring her own Get from a 'Kal va'Chomer'.
Which 'Kal va'Chomer'?

(c) What does the Tana go on to prove (that substantiates Abaye)?

(d) How does Rav Ashi further substantiate Abaye's opinion from our Mishnah?

Answers to questions

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