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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 61

GITIN 61 - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of his parents, Pinchas ben Reb Avraham Yitzchak and Leah bas Michal Mordechai


(a) We learned in our Mishnah that ...
  1. ... the Tana Kama considers the findings of a 'Chashu' finds Gezel because of Darchei Shalom, whereas according to Rebbi Yossi, it is 'Gezel Gamur'.
    What are the ramifications of their Machlokes?
  2. ... that when a poor man knocks down dates from a date-palm, the same Machlokes is repeated.
    Under which circumstances would it be Gezel Gamur mi'd'Oraysa?
(b) In the first of the two previous cases, what is the difference between Gezel Gamur mi'Divreihem and Gezel Gamur mi'd'Oraysa?

(c) What did that man from Hutzal point out to Rav Kahana, when the latter began to eat the dates that he had knocked down by throwing sticks at them (see Tosfos D.H. 'Shadi')?

(d) What did Rav Kahana mean when he commented that he must be from the place of Rebbi Yoshiyah?

2) The Tana of a Beraisa obligates sustaining poor Nochrim alongside poor Jews. In which other way, besides visiting the sick, should one treat Nochrim in the same way as Yisre'eilim?


(a) A woman is permitted to lend her friend who is suspect on Shevi'is a sieve, a hand-mill or an oven.
What does 'suspect on Shevi'is' mean?

(b) Why is she forbidden then, to sort out the grain or to grind together with her?

(c) The wife of a Chaver (who is particular about Tum'ah and Taharah) may lend her friend who is an Am ha'Aretz, a sieve, and even to help her grind and sift.
From which point on is she no longer permitted to help her select?

(d) Why did the Chachamim permit as much as they did without decreeing (on lending and assisting) in all cases?

(a) On what grounds does the Tana permit the woman to help her friend grind and sift in the Seifa (in spite of the Chashash Ma'asros), but not in the Reisha (because of the Chashash Sh'mitah), according to Abaye?

(b) Rava disagrees.
What does he say about the principle 'Rov Amei ha'Aretz Me'asrin Hein'?

(c) He explains the leniency of the Seifa by establishing 'Am ha'Aretz' like Rebbi Meir.
What is an Am ha'Aretz, according to ...

  1. ... Rebbi Meir?
  2. ... the Rabbanan?
(d) In that case, why is he not concerned about their nonchalance regarding Tum'ah *before* water has been added?
5) How do we reconcile Rava with the Seifa of the Beraisa 'mi'she'Tatil es ha'Mayim, Lo Siga Imah', insinuating that the Reisha is not speaking about Tum'ah and Taharah (but about an Am ha'Aretz le'Ma'asros, like the Rabbanan)?

Answers to questions



(a) What distinction does the Tana of the Beraisa draw between grinding one's own wheat and depositing it by someone who is suspect on Shevi'is or who eats his fruit be'Tuma'h on the one hand, and doing so on the suspect's behalf, on the other

(b) Why is the Tana so lenient in the Reisha?

(c) In view of what we just learned about Tum'as Chulin, how does Abaye explain the Seifa of the Beraisa? Why is the Tana strict there?

(d) If the Tana is speaking about a Kohen, we have a problem with the Reisha, which permits depositing Taharos with him.
What does the Tana of a Beraisa say about depositing Terumah with ...

  1. ... a Yisrael Am ha'Aretz?
  2. ... a Kohen Am ha'Aretz?
(a) On what grounds do we reject Rebbi Ila'a's answer to the above discrepancy (that the previous Beraisa speaks about an earthenware vessel which is sealed shut [and which the Kohen will then not render Tamei even if he touches it])?

(b) How does Rebbi Yirmiyah establish the first Beraisa, to resolve the discrepancy between the two Beraisos?

(c) In another Beraisa, the Tana permits wheat that one took to a grinder who is a Kuti or an Am ha'Aretz to grind, regarding Ma'asros and Shevi'is. What does he say about Tum'ah?

(d) How do we reconcile the Seifa of this Beraisa with the Beraisa above which is not Choshesh for Tum'ah?

(a) This answer was really obvious, but we nevertheless made a point of citing this latter Beraisa to ask on the Reisha (which is not concerned that the custodian might exchange the wheat for un'Ma'asered wheat) from yet another Beraisa. What does the Tana of another Beraisa say about someone who gives his mother-in-law (the wife of an Am ha'Aretz) a dough to bake for him?

(b) We resolve the discrepancy by citing Rebbi Yehudah.
What does Rebbi Yehudah say in the latter Beraisa? What reason does he give for the stringency by a mother-in-law?

(c) The Tana of another Beraisa is equally stringent in the case of a landlady Am ha'Aretz who bakes on behalf of a Talmid-Chacham.
What is the Talmid-Chacham doing in the guest-house of an Am ha'Aretz?

(d) On what basis does the Tana give her the same Din as a mother-in-law?

(a) The Tana of yet another Beraisa permits the wife of a Chaver to grind wheat together with the wife of an Am-ha'Aretz as long as she is Temei'ah, but not when she is Tehorah.
Why is that?

(b) Rebbi Shimon ben Elazar is more stringent than the Tana Kama.
What does he say?

(c) How do we extrapolate from here that other people are also suspect of exchanging what one gives them?

(d) How does Rav Yosef resolve this Kashya?

Answers to questions

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