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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'.
What 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 like Metaltelin.
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 be'Sa'aro'?

(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'.
What 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).
How 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 then died?

(b) What is his reason?

(c) How will we reconcile Ula Amar Rebbi Yochanan with Ameimar?

Answers to questions



(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 to him?

(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.
What would 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 Shaul.
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'.
How 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 to him?

(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 ...

  1. ... a Sh'tar Shichrur?
  2. ... money?
(a) Rami bar Chama Amar Rav Nachman 'Halachah ke'Rebbi Shimon'.
What does 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 ...

  1. ... did they think with regard to her Kinyan Mamon? Was she still under the jurisdiction of her master?
  2. ... did he really mean? Why was the Kinyan of the hat meaningless?
11) 'Rav Shmuel bar Achisa'i ... Amar Rav Hamnuna Amar Halachah ke'Rebbi Shimon'.
What did Rav Shmuel bar Achisa'i himself say?

Answers to questions

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