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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 33

GITIN 33 - sponsored by Harav Ari Bergmann of Lawrence, N.Y. out of love for Torah and those who study it.


(a) Rav Nachman holds that, before Raban Gamliel's Takanah, one could nullify the Shelichus of a Get in front of a Beis-Din consisting of two people. He cites as a source the Mishnah in Shevi'is (concerning a P'ruzbul) ...
  1. ... 'Mosrani Lifneichem P'loni u'Ploni ha'Dayanim she'be'Makom P'loni', implying that there were two Dayanim and not three.
    How does Rav Sheishes refute this proof?
  2. ... 'ha'Dayanim Chosmin le'Matah O ha'Eidim'.
    How does he prove his opinion from here?
(b) How does Rav Sheishes refute this proof?

(c) Why does the Tana find it necessary to inform us that either Dayanim or Eidim sign at the foot of a P'ruzbul?

(a) We learned in our Mishnah that Raban Gamliel instituted this Takanah, because, we explained, he was worried that the Sheli'ach, unaware of the cancellation, will hand the Get to the woman, who, not knowing about it either, will then use it to remarry (when in fact, she is still married), and all the children from her second husband will be Mamzerim. This is the opinion of Rebbi Yochanan.
What reason does Resh Lakish give for Raban Gamliel's Takanah?

(b) What does this Machlokes have to do with that of Rav Nachman and Rav Sheishes, as to whether two people are required to act as Beis-Din or three?

(a) If, in spite of Raban Gamliel's Takanah, the husband did cancel the Get, Rebbi upholds the cancellation.
On what grounds does Raban Shimon ben Gamliel dispute this?

(b) According to Raban Shimon ben Gamliel, is he permitted to add to any condition that the Get may already contain?

(c) Considering that min ha'Torah, the Shelichus is Bateil, and they are still married, who gives the Rabbanan the authority to release the marriage and allow the woman to remarry?

(d) This is understandable with regard to Kidushei Kesef, but how will we explain this in the case of Kidushei Bi'ah?

(a) Why can we not explain ...
  1. ... in the Havah Amina that Kidushei Bi'ah is min ha'Torah because we learn it from the Pasuk "u'Ba'alah", whereas Kidushei Kesef, which is learned from the 'Gezeirah-Shavah' "Kichah" "Kichah", is only mi'de'Rabbanan?
  2. ... in the answer that they canceled Kidushei Bi'ah on account of Rav, who forbade betrothal in this way?
(b) Then on what grounds *do* the Rabbanan cancel the Kidushin, on the numerous occasions that they do (such as here, according to Raban Shimon ben Gamliel).
(a) What is the Din if someone appoints ten people to write a Get on behalf of his wife without using the Lashon 'Kulchem'?

(b) According to Rebbi, he is permitted to cancel the Shelichus of two of them even not in the presence of the others.
What does Raban Shimon ben Gamliel say?

(c) Assuming that their dispute concerns Raban Gamliel's Takanah, on what grounds does Raban Shimon ben Gamliel forbid it? What is the basis of their Machlokes?

Answers to questions



(a) According to the second Lashon, Raban Shimon ben Gamliel agrees that 'Eidus she'Batlah Miktzasah, Lo Batlah Kulah'.
In that case, why does he forbid the man to cancel the Shelichus of two of them not in the presence of the others?

(b) We ask whether, if the husband used the Lashon 'Kulchem', he is permitted to cancel two of the witnesses not in the presence of the others. What are the two sides of the She'eilah?

(c) How do we attempt to resolve the She'eilah from the Beraisa which presents the Machlokes between Rebbi and Raban Shimon ben Gamliel by a case where there are only two witnesses and he cancels one not in the presence of the other?

(d) How does Rav Ashi establish this Beraisa to resolve this Kashya?

(a) We try to prove that the Beraisa must be speaking by Eidei Holachah, from the Seifa 'Amar la'Zeh Bifnei Atzmo, ve'la'Zeh Bifnei Atzmo, Yachol Levatel Zeh she'Lo Bifnei Zeh'.
What does this prove?

(b) We refute this proof however, on the grounds that the Tana might hold like Rebbi Yehoshua ben Korchah.
What does Rebbi Yehoshua ben Korchah say?

(c) Assuming that we uphold this disproof of Rav Ashi, what will be Raban Shimon ben Gamliel's reason for forbidding the cancellation of two of the witnesses not in the presence of the others?

(a) Rav Shmuel bar Yehudah heard two rulings from Rebbi Aba, one like Rebbi and the other, like Raban Shimon ben Gamliel.
Which two rulings are we talking about?

(b) Rav Yosef resolves which ruling is which from the episode cited by Rav Dimi.
What did Rebbi rule there with regard to a Beis-Din who assessed someone's property at a price that was one sixth too little or one sixth too much?

(c) What was Rebbi's reaction to Rebbi P'rata, who asked Rebbi 'im-Kein, Mah Ko'ach shel Beis-Din Yafeh'?

(d) What does Rav Yosef prove from here?

(a) Rebbi Yoshiyah from Usha agrees with Rebbi Aba, who ruled in one of the above issues like Rebbi and in the other, like Raban Shimon ben Gamliel. What did Rebbi Yoshiyah from Usha instruct the witnesses (whom he had appointed Sheluchim) to do after forcing a man to agree to divorce his wife?

(b) What do we prove from the fact that ...

  1. ... Rebbi Yoshiyah from Usha considered hiding effective?
  2. ... he instructed them to hide rather than to scatter?
(c) Rava Amar Rav Nachman disagrees with Rebbi Aba and Rebbi Yoshiyah from Usha.
Like whom does he rule in both cases?
Answers to questions

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