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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 46

GITIN 46 - Marcia and Lee Weinblatt of New Jersey have dedicated this Daf in memory of Marcia's mother, Esther Friedman (Esther Chaya Raizel bat Gershom Eliezer) and father, Hyman Smulevitz (Chaim Yisochar ben Yaakov).


(a) We just cited two versions of Rav Yosef bar Minyumi Amar Rav Nachman explaining the Tana Kama: whether 'Lo Yachzir' is because of Kilkul or so that the B'nos Yisrael should not be lax in their morals and in Nedarim. Which of the two is substantiated by a Beraisa?

(b) In the Beraisa that substantiates the first Lashon, Rebbi Meir describes the entire cause and effect of Kilkul.
Is he referring to the case of someone who divorces his wife because of a bad name or because of Nedarim?
Is there any difference between them?

(c) Who is the author of the Beraisa which supports the second Lashon ('so that the B'nos Yisrael should not be lax in their morals and in Nedarim')?

(a) What does Rebbi Yehudah learn from the Pasuk in Yehoshua "ve'Lo Hikum B'nei Yisrael Ki Nishbe'u Lahem Nesi'ei ha'Eidah"?

(b) On what grounds do the Rabbanan decline to learn like Rebbi Yehudah? In light of this Pasuk, how can they still maintain that a Neder she'Hudar be'Rabim can be annulled?

(c) In that case, why did Yehoshua not abrogate the oath that he made with the Giv'onim?

(a) What does Rav Nachman learn from the Pasuk in Metzora "Yamim Rabim" (in connection with a Zavah)?

(b) From where does Rebbi Yitzchak learn that 'Rabim' means ten people?

4) We learned in our Mishnah that Rebbi Meir holds of Kilkul only in the case of a Neder that requires Beis-Din to annul it, whilst Rebbi Elazar holds that (basically) it is only by a Neder that does not.
What is the basis of their Machlokes?


(a) At the end of our Mishnah, Rebbi Yossi b'Rebbi Yehudah cites the incident of the man in Tzidon who declared a Konem if he would not divorce his wife.
How did the incident end?

(b) Considering that the previous Tana'im did not mention a case where the husband was the one to declare the Neder, how does Rebbi Yossi b'Rebbi Yehudah's statement fit into our Mishnah?

(c) What did Rebbi Yossi b'Rebbi Yehudah mean when he said that the man declared '*Konem* Im Eini Megarshech' (since 'Konem' S'tam has connotations of Hekdesh)? What did the man really say?

(d) The Chachamim permitted him to take her back.
Why might we have thought otherwise?

Answers to questions


6) According to Rav Sheishes, the concluding words of our Mishnah 'Mipnei Tikun ha'Olam' pertain to the first half of the Mishnah ('ha'Motzi es Ishto Mishum Shem-Ra ... Lo Yachzir'). How might they also pertain to the Din of Rebbi Yossi b'Rebbi Yehudah in the Seifa?


(a) In our Mishnah, Rebbi Yehudah states that if a man divorces his wife because he discovers that she is an Aylonis, he may not take her back (even if it later turns out that she is not).
Why must the man not have known th at his wife was an Aylonis when he married her?

(b) Then why would he be required to give her a Get? Why is it not simply a Mekach Ta'us (an erroneous sale), which is automatically canceled?

(c) Does she receive her Kesuvah?

(d) What is Rebbi Yehudah's reason?

(a) What do the Rabbanan say in the previous case?

(b) What advice does Rebbi Yehudah give to the above woman who, after becoming divorced, remarrying and having children, comes to claim her Kesuvah from her first husband?

(c) How does Shmuel reconcile Rebbi Yehudah in this Mishnah (who *is concerned* about 'Kilkul') with Rebbi Yehudah in the previous Mishnah ('ha'Motzi es Ishto Mishum Neder ... ' [who is *not*])?

(d) But the Kashya remains in the Seifa of our Mishnah ('Niseis le'Acher, ve'Hayu Lah Banim Mimenu ... '), where Rebbi Yehudah is worried about Kilkul too.
How does Shmuel handle that?

(a) Abaye disagrees with Shmuel. In his opinion, Rebbi Yehudah *is* concerned about 'Kilkul', as is clear from our Mishnah.
Then why did he say in the previous Mishnah 'Kol Neder she'Yad'u Bo Rabim, Yachzir'? Why is he not worried about 'Kilkul'?

(b) We have reconciled the two rulings of Rebbi Yehudah. Rava reconciles the Rabbanan in our Mishnah (who are not concerned about 'Kilkul') with the Rabbanan in the previous Mishnah (who are) by establishing this Mishnah like Rebbi Meir.
What does Rebbi Meir say about 'T'nai', and how does Rava establish the Mishnah accordingly?

(a) What does the Tana of our Mishnah say about someone who sells himself together with his children to Nochrim with regard to redeeming ...
  1. ... him?
  2. ... his children?
(b) If the man fell on hard times, was forced to sell himself but could not find a Jewish purchaser, why should he be penalized? How does Rav Asi establish our Mishnah?

(c) Why do we not redeem his children immediately?

(a) What did those people from Bei Michsi do that caused them to be taken captive by Nochrim?

(b) What did Rav Huna rule with regard to redeeming them?

(c) What did he tell Rebbi Aba when he queried his ruling from Rav Asi?

Answers to questions

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