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Kollel Iyun Hadaf, Jerusalem

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Gitin 35

GITIN 34 & 35 - The Dafim have been sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel. May Hashem bless them with many years of Simcha, health and fulfillment, and may they see all of their children and grandchildren follow them in the ways of Torah and Yir'as Shamayim!


(a) Rav Kahana (or Rav Yehudah Amar Rav) related the story of a man who, during a time of famine, deposited with a certain widow a golden Dinar, which she placed inside a jar of flour.
What did she subsequently ..
  1. ... do with the flour?
  2. ... swear to the man (in the form of a Neder) when he claimed his golden Dinar?
(b) What happened not long afterwards?

(c) Considering that she did not use the coin, why was she punished?

(a) What did the Chachamim declare when they heard this story?

(b) Seeing as she did not really swear truly, what did the Chachamim when they said 'u'Mai Mi she'Nishba be'Emes'?

(a) Why does this not seem to be the source of the Batei-Dinim refraining from enforcing the Shevu'ah that an Almanah made to the Yesomim when she claimed her Kesuvah?

(b) Why then, did Rebbi Zeira Amar Shmuel confine that to widows, and not to divorcees?

(c) Rav and Shmuel both stated that it is only in Beis-Din that they would not enforce the Shevu'ah, but outside Bes-Din, they would.
What is the basic difference between a Shevu'ah that is made in Beis-Din and one that is made outside Beis-Din?

(d) Then what is the reason for Rav and Shmuel's distinction regarding the Shevu'ah the Almanah makes to the Yesomim?

(a) It is according to the text in Sura that both Rav and Shmuel concurred in the previous ruling. However, this creates a discrepancy with another ruling of Rav concerning the Kesuvah of an Almanah.
Which ruling?

(b) What was the text of that statement in Neherda'a? What did Rav say according to this text that resolves the discrepancy?

(c) Why did Rav not apply Raban Gamliel's concession of attaching the Shevu'ah to a Neder?

(a) Based on Rav's custom not to claim the Kesuvah of an Almanah, Rav Yehudah refused to accept the claim of a certain widow who wanted her Kesuvah.
What did he say when she swore that she had not received anything from her Kesuvah?

(b) Rabah bar Rav Huna refused to accept the claim of a certain widow on the grounds that neither Rav nor his father did so (as we have just explained). When she asked whether she could not at least receive Mezonos, he cited the opinion of Rav Yehudah Amar Shmuel.
What did Rav Yehudah Amar Shmuel say about a woman who claims her Kesuvah in Beis-Din?

(c) Why did they overturn his chair?

(d) Was that move effective? Did it spare him from punishment?

(a) Rav Yehudah compromised on Rav's stringency.
What did he instruct Rav Yirmiyah Bira'ah to do? Like whom did he hold?

(b) What did he look forward to subsequently hearing?

(a) The divorcee of Acha bar Heidaya, who lived in Eretz Yisroel made a Neder forbidding all fruits on herself if she received more than a small percentage of her Kesuvah.
Who was Ayeh Mari, a name that also appeared on the Get?

(b) What had she received besides a heavy coat and a Sefer Tehilim?

(c) What was the total value of the things that she had received?

(d) How do we reconcile this with Rebbi Zeira Amar Shmuel, who restricted our Mishnah, where Raban Gamliel ha'Zakein instituted attaching the Shevu'ah to a Neder to a widow, but a divorcee retained the original Din of making a Shevu'ah only (as we leared earlier)?

Answers to questions



(a) Rav Huna restricts Raban Gamliel's Takanah that a woman who claims her Kesuvah must make a Neder to the Yesomim to avoid swearing falsely, to a woman who has not already remarried.
Why is that?

(b) Then why are we not worried that ...

  1. ... even if, when she makes the Neder, she is not yet married, she will rely on the fact that, when she does remarry, her husband will annul the Neder that she made prior to the marriage?
  2. ... she will go to a Chacham to have the Neder revoked?
(a) Rav Nachman disagrees with Rav Huna. According to him, the woman makes the Neder required of her by the Yesomim even if she has already remarried. On what grounds does he argue with Rav Huna? What is the basis of their Machlokes?

(b) How does he avoid the problem of the woman relying on her husband to annul the Neder?

(c) How does Rav Nachman then explain the Beraisa, which states ...

  1. ... 'Niseis, Govah Kesuvasah Im Nadrah'?
  2. ... 'Niseis, Noderes ve'Govah Kesuvasah', which clearly clashes with his interpretation of the previous Beraisa?
(a) Rav Nachman and Rav Papa argue over whether someone who goes to a Chacham to have his Neder revoked needs to specify his Neder or not.
What is Rav Nachman's reason for saying that he does not?

(b) And what is Rav Papa's reason for saying that he does?

(a) What does the Mishnah in Bechoros say about a Kohen who marries women who are forbidden to him (such as a divorcee)?

(b) According to Rav Nachman, we are not afraid that he will simply go to a Chacham to have his Neder revoked, because he has to make a Neder 'be'Rabim. How will we avoid the problem according to those who permit a Neder be'Rabim to be rescinded?

(c) What is a Neder 'al-Da'as Rabim'?

(d) Under which circumstances can even a Neder she'Hudar al-Da'as Rabim be rescinded?

12) Why did ...
  1. ... Rav Acha depose a certain children's Rebbe with a Neder al-Da'as Rabim that he would never teach children again?
  2. ... Ravina revoke that Neder?
Answers to questions

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