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Gitin 41

GITIN 41 - In memory of Meir ben Reb Yechezkel Shraga Brachfeld (Antwerp/Yerushalayim), at the conclusion of the Shiv'a following his untimely passing on 15 Adar 5761. A widely respected supporter of many Torah causes, Reb Meir's premature loss is mourned by the entire Olam ha'Torah.


(a) If, as Rav explains, it is the first master who set free the Eved whom he made an Apotiki, then when the Tana adds 'Ela Mipnei Tikun ha'Olam Kofin es Rabo ve'Oseh Oso ben-Chorin' he means the second master.
On what basis do we force him to write a second Sh'tar Shichrur?

(b) According to the Tana Kama, the Eved is obligated to write a Sh'tar of debt, with which the second master can later claim from him.
What does Raban Shimon ben Gamliel say?

(c) What is the basis of their Machlokes?

(a) According to Ula, it is the second master (to whom the Eved is Meshu'bad) who set the Eved free.
Then what does the Tana mean when he says 'Shuras ha'Din Ein ha'Eved Chayav K'lum'? What is he really not Chayav?

(b) What is the Tikun ha'Olam on the basis of which the Chachamim obligate him? How does he become obligated?

(c) According to Raban Shimon ben Gamliel, it is the second master (who set him free), who writes the Sh'tar.
What is the basis of their Machlokes?

(d) Why does ..,

  1. ... Ula decline to learn like Rav?
  2. ... Rav decline to learn like Ula?
(a) According to Ami Shapir Na'eh Amar Rebbi Yochanan, if a river swamps a field that the debtor designated an Apotiki, the creditor may no longer claim his debt.
What does Shmuel's father say?

(b) Rav Nachman bar Yitzchak was not impressed with Ami Shapir Na'eh's statement.
What comment did he make that was combined with a play on his name?

(c) How did he therefore qualify Ami Shapir Na'eh statement? What sort of Apotiki are they arguing about?

(d) A Beraisa supports Rav Nachman bar Yitzchak.
What distinction does the Tana of the Beraisa draw between whether the debtor designated a field as an Apotiki S'tam or as an Apotiki Mefurash?

(a) The Tana of another Beraisa speaks of someone who designated a field as an Apotiki for a debtor or for a woman's Kesuvah.
What does he mean when he says 'Govin mi'Sha'ar Nechasim'?

(b) What distinction does Raban Shimon ben Gamliel make between Kesuvas Ishah and other debtors in this regard?

(a) What are the two possible cases of a Chatzi Eved ve'Chatzi ben-Chorin?

(b) On what grounds do Beis Shamai obect to Beis Hillel, who maintain that an Eved who is half free serves his master and himself on alternate days?

(c) Why does the fact that he cannot marry create a problem?

(d) Like whom is the Halachah, Beis Shamai or Beis Hillel?

Answers to questions



(a) If someone sets half his Eved free, Rebbi validates the Shichrur.
What do the Rabbanan say?

(b) According to Rabah, they argue in the case of a Sh'tar.
What do both Tana'im learn from the Pasuk "ve'Hafdei Lo Nifdasah"?

(c) Rebbi learns from the Hekesh "Ve'Hafdei Lo Nifdasah O Chufshah Lo Nitan Lah" that just as he can set half one's Even free with Kesef, so too, can one set half of him free with a Sh'tar.
On what basis do the Rabbanan argue with him?

(a) They appear to argue over whether a 'Hekesh' takes precedence over a 'Gezeirah-Shavah' or vice-versa.
We conclude however, that both Tana'im agree that a 'Gezeirah-Shavah' takes precedence.
Why is that?

(b) Then what is Rebbi's reason for following the Hekesh?

(a) According to Rav Yosef, they argue over setting the Eved free by means of Kesef, and not Sh'tar. Rebbi learns from "ve'Hafdei Lo Nifdasah".
Why do the Rabbanan disagree with him?

(b) What do they both hold in the of Shichrur by means of a Sh'tar?

(c) Rav Yosef is disproved from a Beraisa.
According to the Tana of the Beraisa, over what do the Tana'im argue?

(a) We propose that the Tana'im argue by Sh'tar exclusively, but that they agree by Kesef.
What is the point of this inference? What do we try and prove from it?

(b) We reply that, according to Rav Yosef, the Tana'im will argue by Kesef as well as by Sh'tar.
Then why did Rebbi specifically present the Machlokes by Sh'tar?

(c) In that case, why does he not rather present it by Kesef, to teach us the extent of the Rabbanan's opinion (i.e.. that they forbid Kesef even though one could learn from "ve'Hafdei Lo Nifdasah" that half a Shichrur *is* valid)?

(a) The Tana of the Beraisa learns from "ve'Hafdei Lo Nifdasah" that the Pasuk exempts a Shifchah Charufah who is betrothed from S'kilah when she is half-Shifchah and half-free (through Kesef).
What does he then learn from "O Chufshah Lo Nitan Lah"? How does he know that this means Sh'tar?

(b) What does he subsequently say about a Shifchah being half set free by means of a Sh'tar?

(c) Why is this Beraisa ...

  1. ... ideal according to Rav Yosef? Who will then be the author?
  2. ... problematic according to Rabah?
(d) What would Rabah answer?
(a) What does Rav Ashi mean when he says with regard to the previous Beraisa 'Rebbi Hi'?

(b) Our Mishnah talks about a case of 'Mi she'Chetzyo ve'Chetzyo ben Chorin'.
In view of this Sugya, how will Rabah establish the Mishnah? Who will be the author?

(c) Does this mean that Rav Yosef is forced to establish the author of our Mishnah to be Rebbi?

Answers to questions

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