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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 71

GITIN 71 (26 Nissan)- has been dedicated by Mr. Avi Berger (of Queens, N.Y.) in memory of his mother, Leah bas Michel Mordechai on the day of her Yahrzeit.


(a) Can a Cheresh divorce his wife, if he married her swhen he was ...
  1. ... a Cheresh?
  2. ... a Pike'ach?
(b) Under which circumstances does Rav Kahana Amar Rav permit a Cheresh who married when he was a Pike'ach to give a Get?

(c) Rav Yosef asked that, in light of our Mishnah, which permits someone who became dumb to give a Get, provided he is able to answer the various questions that one asks him, Rav Kahana does not seem to be teaching us anything.
What did Rebbi Zeira answer him?

(a) What does the Tana of the Beraisa learn from the Pasuk in Tehilim "va'Ani ke'Cheresh Lo Eshma, u'che'Ileim Lo Yiftach Piv"?

(b) What do they have in common?

(c) What is 'Ileim' the acronym of?

(d) Based on what we just learned about a dumb person, Rebbi Zeira asks on the Beraisa (regarding a Korban Oleh ve'Yored) "Im Lo Yagid", 'P'rat le'Ileim she'Eino Yachol Lehagid', why, according to what we just learned, the Tana cannot say there too, that a dumb man who he is able to write his testimony, is subject to bring a Korban Oleh ve'Yored.
How does Abaye solve Rebbi Zeira's problem (based on the Pasuk "Al Pi Sh'nei Eidim")?

(a) The Tana of the Beraisa writes 'ke'Shem she'Bodkin Oso le'Gitin, Kach Bodkin Oso le'Masa'os u'le'Matanos, le'Iduyos ve'li'Yerushos'. 'Kach Bodkin Oso ... le'Iduyos' appears to clash with our previous statement (regarding Eidus). How does Rav Yosef bar Minyumi Amar Rav Sheishes reconcile the two?

(b) To reconcile 've'li'Yerushos' with the previous statement, Rebbi Avahu establishes it by 'Yerushas B'no ha'Bechor'.
What does he mean by that?

(c) And how do we establish 'Masa'os u'Matanos', so as not to clash with that statement?

(d) The Beraisa which legalizes a Cheresh's transactions performed by way of signs, but specifically precludes Get from this rule, clearly clashes with Rav Kahana Amar Rav.
How will we reconcile Rav Kahana Amar Rav with this Beraisa?

(a) What problem do we have with the statement of Raban Shimon ben Gamliel, who precludes specifically a Cheresh she'Nischaresh from the Tana Kama's words?

(b) So we establish Raban Shimon ben Gamliel's words by a Yavam.
Why do we decline to establish it when she fell to the Yavam from his brother who is a Cheresh?

(c) What must he therefore mean?

(d) How do we nevertheless attempt to establish his words even when she fell to the Yavam from his brother who is a Cheresh?

5) Why do we then not also decree by the case of Rav Kahana Amar Rav (when the man became a Cheresh after he married her), on account of when she fell to the Yavam who was a Cheresh?

Answers to questions



(a) What does the Mishnah in Yevamos say about two brothers Charashin who married two sisters Pikchos or vice-versa?

(b) Will the Din differ if, in any one of the above cases, one of the brothers sisters, is a Cheresh and the other, a Pike'ach?

(c) Can a Cheresh perform Chalitzah?

(d) In that case, what options does the Tana give if, in the above case, the two women were not sisters, and the Yavam did not want his Yevamah as a wife?

(a) What does the latter case in the Mishnah prove?

(b) So how do we conclude with regard to the Beraisa of 'Cheresh Lo Halchu Bah Achar Remizosav ... '?

(a) We just cited a Beraisa where Raban Shimon ben Gamliel argues with the Tana Kama.
Might there be a way of explaining the Beraisa unanimously?

(b) What does Rebbi Yochanan say about this?

(c) What does Abaye prove from the Mishnah in Yevamos, which concludes with regard to the latter case 'Nischaresh Hu O Nishtateh, Lo Yotzi Olamis'?

(a) Rav Papa says that, if not for Rebbi Yochanan's statement, we might have interpreted Raban Shimon ben Gamliel as coming to qualify the words of the Tana Kama (as we explained a little earlier). We would then have refuted Abaye's proof from the Mishnah in Yevamos in one of two ways, one of them, by explaining that 'Olamis' comes to preclude a case where the Yavam was sharp.
What does this mean?

(b) Or we might have established the Mishnah like Rebbi Yitzchak.
What does Rebbi Yitzchak say about divorcing a Shotah ...

  1. ... min ha'Torah?
  2. ... mi'de'Rabbanan?
(c) How will this explain the Seifa of the Mishnah, which begins 'Nishtatis, Lo Yotzi' (in a way that refutes our previous proof that the Tana there argues with Raban Shimon ben Gamliel)?
(a) What does the Tana of our Mishnah say about someone whom one asks whether they should write a Get for his wife, and he replies 'Write', should they go on to instruct the Sofer to write the Get and the witnesses to sign?
What is the point of the question in the first place?

(b) What can we infer, would be the Din, if he were to say 'T'nu' instead of 'Kesuvu'?

(c) To how many people was the husband speaking?

(d) Why must the author of the Reisha then be Rebbi Meir?

(a) Who is the author of the Seifa of the Mishnah 'ad she'Yomar le'Sofer K'sov, u'le'Eidim Chasumu'?

(b) Abaye tries to establish the Seifa too, like Rebbi Meir.
On what grounds do we reject this suggestion, and that the Seifa too, speaks ...

  1. ... when he did not say 'T'nu'?
  2. ... when he said it to two people and not three?
(c) So we try to establish the entire Mishnah like Rebbi Yossi, and the Reisha speaks when he did not say 'Imru' to the Sheluchim. We refute this on the same grounds as we refuted the suggestion that the entire Mishnah goes like Rebbi Meir (that the Tana should then have said 'ad she'Yomar Imru!'.
On what other grounds do we refute this suggestion?

(d) So how do we establish the Mishnah?

Answers to questions

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