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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 59

GITIN 59 & 60 - 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) Which prominent 'Amora' sat on the Beis-Din of Rebbi when they introduced the waiting period of one year into the Din of Sikrikun?

(b) What do we learn from the Pasuk in Mishpatim "ve'Lo Sa'aneh al Riv" (which is written without a 'Yud')?

(c) So how does Rabah Brei de'Rava (or Rebbi Hillel Brei de'Rav Valas) reconcile this with the fact that Rav was the first to be asked his opinion in the matter (and not Rebbi) even though it was not a matter of life and death?

(a) What did not exist according to Rabah Brei de'Rava (or Rebbi Hillel Brei de'Rav Valas) between the days of Moshe and Rebbi?

(b) Why did Torah and greatness not exist in the same person in Yehoshua, Elazar, Pinchas, the Zekeinim and Shaul?

(c) Why do we not reckon ...

  1. ... David?
  2. ... Shlomoh?
  3. ... Chizkiyah?
  4. ... Ezra?
  5. ... Shaul after the death of Shmuel, David after the death of Iyra ha'Yairi, Shlomoh after the death of Shim'i ben Geira and Chizkiyah after the death of Shevna? Who killed Shevna?

(d) In which regard ...

  1. ... was Shaul weak, in spite of his greatness in Torah?
  2. ... was Shevna greater than Chizkiyah?
(a) Rav Acha Brei de'Rava says the same about the period between Rebbi and Rav Ashi as Rabah Brei de'Rava (or Rebbi Hillel Brei de'Rav Valas) said about the period between Moshe and Rebbi.
Who else possessed Torah and greatness in the days of Rav Ashi?

(b) Then how can Rabah Brei de'Rava ascribe Torah and greatness to Rav Ashi?

(a) What does the Tana Kama mean when he says 'Cheresh ...
  1. ... Romez'?
  2. ... ve'Nirmaz'?
(b) What does ben Beseira say?

(c) The Tana concludes 'ha'Pe'utos Mikchan Mekach u'Memkaran Memkar ... '. To what kind of sale is this confined?

(a) Rav Nachman restricts ben Beseira's leniency to Metaltelin, but not to Gitin.
Seeing as ben Beseira specifically said 'bi'Metaltelin', why did Rav Nachman find it necessary to tell us that? Why would we have thought that Gitin are more lenient than Metaltelin?

(b) Why were Chazal more lenient in this regard regarding Metaltelin than by Karka?

(c) How does the second Lashon quote Rav Nachman?

(a) There are three interpretations of the age of 'Pe'utos': six or seven (Rav Yehudah); seven or eight (Rav Kahana).
What is the third interpretation (the Tana of a Beraisa)?

(b) How do we explain the three opinions?

(c) Why did Chazal legalize the transactions of Pe'utos by Metaltelin?

(d) Then why did ben Beseira say 'bi'Metaltelin'?

(a) Yehu ordered the man in charge of the Meltachah to take out clothes from there for the servants of Ba'al.
How does Rebbi Aba bar Ya'akov Amar Rebbi Yochanan translate "Meltachah"? What is "Meltachah" the acronym of?

(b) Bunayim ben Nunayim sent Rebbi 'Sivni, Chumas, Salselah and Malmela'.
Who was Bunayim ben Nunayim?

(c) What is the significance of 'Sivni, Chumas, Salselah and Malmela'?

(d) How much leeway do Pe'utos have before their erroneous transactions ...

  1. ... become Bateil?
  2. ... remain valid but the excess must be returned?
(a) According to Rav Yeimar, even though the sale of a Pa'ut is valid, his Matanah is not.
What does Mar bar Rav Ashi say?

(b) Rav Yeimar's reason is because doing someone a pure favor is not considered a necessity (he does not need it to live).
How does Mar bar Rav Ashi counter that?

(c) What did Rav Mordechai remark when they told him details of the Machlokes, but inadvertently switched the opinions?

(d) In which four cases did he quote Rav Ashi? How was Rav Ashi standing when he issued this ruling?

(a) Why did Chazal institute that a Kohen reads first in the Torah, then a Levi and then a Yisrael? What are the ramifications of saying that it is a Takanas Chachamim?

(b) 'Me'arvin be'Bayis Yashan' is also a Takanas Chachamim.
What does 'Me'arvin be'Bayis Yashan' mean?

(c) Still regarding the issue of Darkei Shalom, what did they institute with regard to ...

  1. ... water-pits that are nearest the stream?
  2. ... wild animal and animal traps and fishing nets?
(d) According to Rebbi Yossi, it is considered real theft mi'de'Rabbanan (which will be explained in the Sugya).
What is the Din Torah in this regard?
(a) The Tana of our Mishnah also cites the same Machlokes between the Tana Kama and Rebbi Yossi regarding the findings of a 'Chashu'.
In which third regard does he quote the same Machlokes?

(b) What is the Tana of our Mishnah's final statement (about a poor Nochri collecting Leket, Shikchah and Pe'ah)?

Answers to questions



(a) What does Rav Masna learn from the Pasuk in Vayeilech "Vayichtov Moshe es ha'Torah ha'Zos Vayitnah el *ha'Kohanim B'nei Levi"* (seeing as we know already that Kohanim are B'nei Levi)?

(b) Amora'im learn this from various Pesukim. The final D'rashah is that of Rebbi Chiya bar Aba from the Pasuk in Emor "ve'Kidashto". What does Tana de'Bei Rebbi Yishmael mean when he learns from this Pasuk ...

  1. ... Lifto'ach Rishon?
  2. ... u'Levarech Rishon?
(c) What third thing does he add to the list?

(d) What objection did Abaye raise when Rav Yosef, in an effort to resolve the Kashya how we can ascribe calling up a Kohen to the Torah first to 'Darkei Shalom', when it is derived from the Pasuk "ve'Kidashto", answers 'd'Oraysa, u'Mipnei Darkei Shalom'?

(a) So Abaye interprets the priority of calling up a Kohen first to Mar's explanation of a Beraisa.
Who is 'Mar'?

(b) Regarding the laws of eating ethics, what distinction does the Tana draw between two people who are eating together and three?

(c) Who has the first right to serve himself from the communal dish?

(d) How does ...

  1. ... the Tana qualify this latter Halachah?
  2. ... Abaye use this to explain the 'Darchei Shalom' in our Mishnah?
(a) Having concluded that a Kohen and a Levi are not permitted to give away their right even to someone greater than themselves, Rav Masna differentiates between Shabbasos and Yamim-Tovim on the one hand, and weekdays on the other.
What is the reason for this?

(b) How do we explain Rav Huna, who would be called up to the Torah first even on Shabbos and Yom-Tov, even though he was not a Kohen?

(c) What did Abaye mean when he said that if there is no ...

  1. ... Kohen present, 'Nispardah ha'Chavilah'?
  2. ... Levi, then a Kohen is called up in his place? How does he reconcile his statement with Rebbi Yochanan, who said that one may not call up two Kohanim one after another?
(d) What is the reason for Rebbi Yochanan's reason for saying that?
(a) Why does Rebbi Yochanan forbid calling up one Levi after another?

(b) On what grounds do we initially reject the explanation that we are only concerned what people will say about the first Kohen, but not the second (like we are by two Levi'im) is because the Tana is speaking when the second Kohen's father is known to be a Kohen?

(c) We establish Rebbi Yochanan when both the father of the second Kohen and the father of the second Levi are known to be Kohen and Levi respectively. However, as far as the Levi is concerned, we are concerned people will suspect him of marrying a Mamzeres or a Nesinah, disqualifying his son from the Leviyah (which is why he was called up as a Yisrael) after a Levi. Why will the same concern (or that his father married a Gerushah or Chalutzah) not pertain to the second Kohen?

(d) Rebbi Yochanan is however, concerned that people will consider the *first* of the two Kohanim Pasul. Seeing as six people were called up after him (and not seven), how is it possible to suspect him of being Pasul?

Answers to questions

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