REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Gitin 39
GITIN 39 (Adar 23) - Dedicated by Rabbi Yehoshua Wachtfogel l'Iluy Nishmas
his mother, Sarah bas ha'Rav Moshe Wachtfogel, on the day of her Yahrzeit.
Raised by her grandfather, the holy Rav Benzion Shapiro from Yerushalayim of
old, even during her years in the U.S. her house always glowed with the
holiness and warmth of the Yekirei Yerushalayim. Her presence is sorely
missed by her many friends, and certainly by her many children,
grandchildren and great-granchildren.
(a) The Beraisa states 'ha'Makdish Avdo Oseh ve'Ochel'.
What did his
master actually declare?
(b) What then, did he mean? What is the effect of his declaration?
(c) Rabah (who said 'ha'Mafkir Avdo Yeitzei le'Cheirus') establishes the
Beraisa like Rebbi Meir.
What does Rebbi Meir say?
(d) How do we prove this from the Seifa, which aplplies the same Din to a
case where a person was Makdish himself?
(a) The Tana Kama in a Beraisa says 'ha'Makdish Avdo Ein Mo'alin Bo'.
does Raban Shimon ben Gamliel say?
(b) On what grounds do we reject the suggestion that their Machlokes is
based on whether 'ha'Makdish Avdo' is Kadosh or not?
(c) We conclude that both Tana'im hold 'ha'Makdish Avdo' is Kadosh', and
suggest that their Machlokes is based on whether Avadim are like Karka or
How would that explain the Machlokes? Why would one not
be Mo'el if an Eved was like Karka?
(d) On what grounds do we reject this interpretation of the Machlokes too?
(a) So how do we finally establish the Machlokes? What are Avadim considered
as, and what is the reason of Raban Shimon ben Gamliel who says 'Mo'alin
(b) Regarding someone who claims ten laden vines from his friend, to which
his friend admits five, Rebbi Meir says 'ke'Karka ve'Einan ke'Karka'.
does he mean by that?
(c) According to the Rabbanan, he is exempt from a Shevu'ah.
What is the
basis of their Machlokes?
(d) The two sets of Tana'im appear to coincide with each other (Rebbi Meir
like Raban Shimon ben Gamliel, and the Chachamim like the Chachamim).
do we reconcile Rebbi Meir with the Chachamim of Raban Shimon ben Gamliel?
Why might Rebbi Meir agree with them with regard to hair?
(a) When Rebbi Chiya bar Yosef came to Eretz Yisrael and informed Rebbi
Yochanan of Rav's ruling 'ha'Mafkir Avdo Yeitzei le'Cheirus', Rebbi Yochanan
commented 'Amar Rav Hachi'?
What did he mean by that?
(b) Why could he not have have been querying Rav?
(c) Others explain that Rebbi Yochanan made his comment based on the fact
that Rav's statement was not quoted to him in full.
What did they omit?
What was then Rebbi Yochanan's surprise?
(a) If a Ger who has had no children since his conversion dies, his property
is Hefker. According to the Tana Kama of a Beraisa, any Avadim that he
leaves behind acquire themselves and go free.
In which point does Aba
Shaul disagree? Why is that?
(b) Rebbi Aba queried Ula as to how Rebbi Yochanan could possibly insist
that Avadim require a Get Shichrur in light of this Beraisa. But Ula,
unimpressed by the Kashya, did not even bother to answer.
How did Rav
Nachman reconcile Rebbi Yochanan with the Beraisa?
(c) In that case, why do the Avadim of a Yisrael (who is not a Ger) also not
go free when their master dies?
(a) What does Ameimar say about an Eved whose master declared him Hefker and
Answers to questions
(b) What is his reason?
(c) How will we reconcile Ula Amar Rebbi Yochanan with Ameimar?
(a) Rebbi Ya'akov bar Idi quoting Rebbi Yehoshua ben Levi, rules like Aba
Shaul (that a Ger Katan is not Hefker). Rebbi Zeira asked him whether he
heard it directly from him or whether he deduced it from a statement of his.
What did Rebbi Yehoshua ben Levi say quoting Rebbi about someone who said
'Nisya'ashti mi'P'loni Avdi' (a form of Hefker)?
(b) How did Rebbi Yochanan explain Rebbi? What is Rebbi's reason, according
(c) Assuming Rebbi Ya'akov bar Idi learned it from this statement of Rebbi
Yehoshua ben Levi, what would he have extrapolated from Rebbi's comparison
to Ishah that would create a difference between a Gadol and a Katan?
(d) In fact, he heard it directly from Rebbi Yehoshua ben Levi.
have been the problem if he had relied on his extrapolation alone? How else
might we have interpreted Rebbi?
(a) Rebbi Chiya bar Aba Amar Rebbi Yochanan rules like the Rabbanan of Aba
Did he hear it from Rebbi Yochanan directly or did he extrapolate
it from Rebbi Yochanan's statement explaining Rebbi (in the same way that we
just explained Rebbi Ya'akov bar Idi)?
(b) How do we know that he did not extrapolate it from Rebbi Yochanan's
statement (as we just explained)?
(c) In any event, in the case of an Eved Gadol whose master was Meya'esh
from him, Rebbi certainly maintains 'Ein Lahem Takanah Ela bi'Sh'tar'.
do we reconcile this with Rebbi himself who ruled earlier (in the case of
'ha'Makdish Avdo') 'Af Hu Nosen D'mei Atzmo ve'Yotzei ... '?
(d) From where do we learn that an Eved Cena'ani can be acquired with money?
(a) What does Rebbi Shimon Amar Rebbi Akiva learn from "Lo Yumsu ...
ve'Hofdei Lo Nifdasa O Chufshah *Lo Nitan Lah*"?
(b) What is the case of a Shifchah Charufah (who brings an Asham), according
(c) What would be the Din if she had not been set free at all (even by one
of her masters)?
(d) According to Rebbi Akiva, what happens to a Shifchah who is betrothed to
a Yisrael and commits adultery after having been set free by means of ...
- ... a Sh'tar Shichrur?
- ... money?
(a) Rami bar Chama Amar Rav Nachman 'Halachah ke'Rebbi Shimon'.
'Rav Shmuel bar Achisa'i ... Amar Rav Hamnuna Amar Halachah ke'Rebbi
Rav Yosef bar Chama Amar Rebbi Yochanan say?
(b) Rabah bar Shilas too, maintains 'Ein Halachah'.
What did he ask Rebbi
Zeira, when he (Rabah bar Shilas) arrived in Sura?
(c) What incident did Rebbi Zeira relate? Why did the Shechiv-Mera throw his
hat to his Shifchah?
(d) Everyone thought that when Rav Nachman ruled 'Lo Asah ve'Lo K'lum', he
meant to permit her to get married. What ...
- ... did they think with regard to her Kinyan Mamon? Was she still under the jurisdiction of her master?
- ... did he really mean? Why was the Kinyan of the hat meaningless?
What did Rav Shmuel bar Achisa'i himself say?
Answers to questions