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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 72

GITIN 72 (27 Nisan) - has been dedicated to the memory of ha'Rav Shmuel (ben Aharon) Grunfeld of Jerusalem/Efrat. Rav Shmuel was a truly great Torah scholar, whose tragic death left all who knew him with an inconsolable sense of loss.


(a) Rav Ashi establishes our Mishnah like Rebbi Yossi.
Then why does the Tana said 'Kesuvu' and not 'T'nu' or 'Imru', or stress that he speaks even if he said it to three people?

(b) The Tana of the Beraisa 'Kasav Sofer Lishmah, ve'Chasmu Eidim Lishmah, Af-al-Pi she'Kasvuhu ve'Chasmuhu ve'Nasnuhu Lo ve'Nasnu Lah, Harei ha'Get Batel ad she'Yishme'u Kolo she'Yomar le'Sofer K'sov ... '.
What do we infer from ...

  1. ... 'ad she'Yishme'u'?
  2. ... 'Kolo'?
(a) What do the following have in common ...
  1. ...' Zeh Gitech im Meisi'; 'Zeh Gitech me'Choli Zeh'; 'Zeh Gitech le'Achar Misah'? Why is that?
  2. ... 'me'Hayom Im Meisi'; 'me'Achshav Im Meisi'?
(b) The Tana of our Mishnah adds that if the husband says 'me'Hayom u'le'Achar Misah, Get ve'Eino Get'.
Why is that?

(c) What will the Din then be, in the event that he dies leaving no children?

(d) And what does the Tana rule in a case where the husband says 'Zeh Gitech me'Hayom Im Meisi me'Choli Zeh', and he subsequently got up from his sick-bed, walked in the street, became sick again and died?

(a) We just saw how in the Reisha, 'Im Meisi' implies 'after death', whereas in the Seifa, it implies 'from now'.
How does Abaye explain this?

(b) According to Rav Huna, in the case of our Mishnah 'Zeh Gitech Im Meisi', the Tana holds 'Choletzes'.
Why is that?

(c) Why does the Tana then conclude 'Zeh Gitech Im Meisi, *Lo Amar K'kum*'?

(a) Rav Huna explains the fact that the Seifa of the Mishnah (in the case of 'me'Hayom u'Le'achar Misah') rules 'Choletzes ve'Lo Misyabemes', implying that the Reisha does not, goes like the Rabbanan (refuting our previous understanding of Rav Huna, including the previous answer).
Like whom does he then hold?

(b) What ...

  1. ... do the Rabbanan say in the Mishnah in Bava Basra (with regard to someone who writes all his property to his son)?
  2. ... does Rebbi Yossi say there?
(c) What is the problem with establishing Rav Huna like Rebbi Yossi?

(d) On what grounds do we refute the suggestion that Rav Huna has a Safek whether to rule like Rebbi Yossi or not?

(a) When Rav Huna and Rav Nachman went to visit Rabah bar Avuhah on his sickbed, what did the former ...
  1. ... ask the latter to ask him?
  2. ... retort when the latter initially replied that, seeing as he did not understand Rebbi Yossi's reasoning, how could he possibly ask whether the Halachah was like him?
(b) Rabah bar Avuhah ruled like Rebbi Yossi.
How did Rav Huna then explain Rebi Yossi's reason?

(c) We suggest that Rav Huna's Safek is whether Rebbi Yossi's ruling extends even to where the T'nai was stated orally, and not inserted in the Sh'tar. Why might that be any worse than if it was?

(d) On what grounds do we refute this suggestion?

Answers to questions



(a) The Tana Kama in the Mishnah later rules that if a man said to his wife 'Harei Zeh Gitech Im Lo Ba'si mi'Kahn ve'Ad Sh'teim-Esrei Chodesh' and dies within twelve months 'Eino Get' (and she remains obligated to perform Yibum).
Who were 'Raboseinu' who permit her to marry?

(b) Like whom do they hold?

(a) What does Rava say about the case of a man who said to his wife 'Harei Zeh Gitech ...
  1. ... Im Meisi, ve'she'Ani Meis'?
  2. ... ke'she'Amus, u'le'Achar Misah'?
(b) Why do we initially decline to establish Rava's first statement when he said 'me'Hayom', in which case Rava holds like the Rabbanan?

(c) Then how will we establish Rava? Like which Tana does he hold?

(d) In light of this, how can we possibly conclude that Rav Huna's Safek is whether we rule like Rebbi Yossi even when the condition was made orally?

(a) Alternatively, Rava speaks when the husband said 'me'Hayom' and he holds like the Rabbanan.
Then what is Rava's Chidush?

(b) How will this resolve our Kashya on Rav Huna?

(a) Others learn Rav Huna's statement (Choletzes) on the Seifa 'Zeh Gitech le'Achar Misah, Lo Amar K'lum'.
We ask on this 'P'shita!' Why is it so obvious?

(b) We answer that Rav Huna needs to inform us that Rebbi Yossi does not hold like Rebbi.
What does Rebbi say with regard to 'me'Hayom u'le'Achar Misah'?

(c) Rav Huna extrapolates that Rebbi Yossi disagrees with Rebbi because of the Lashon 'ka'Zeh Get', implying that there is a case where the Get is not valid, and that case can only be 'me'Hayom u'le'Achar Misah'.
Why does Rebbi Yossi need to inform us that such a Get is invalid? Why might we have thought otherwise?

(a) In which regard does Rebbi disagree with Rebbi Yossi?

(b) From where do we know that he argues with him?

(a) What did Rav Huna mean when he said (with reference to the Get of a Shechiv-Mera) 'Gito ke'Matanaso'?

(b) Does it make any difference whether the husband said 'Im Meisi' when he gave the Get or not?

(c) And what did he mean when he said (also with reference to a Shechiv-Mera) 'Matanaso ke'Gito'?

(d) What do we ask on the first of Rav Huna's two Dinim, from our Mishnah, from the case of 'Zeh Gitech me'Hayom Im Meisi me'Choli Zeh, ve'Amad ve'Halach ba'Shuk, ve'Chalah u'Meis, Omdin Oso ... '?

(a) Mar B'rei de'Rav Yosef answers that the Mishnah speaks when he went from one illness to another without actually recovering in between.
How does he interpret the Tana's use of ...
  1. ... the word 'Amad'?
  2. ... the phrase 've'Halach Al Mish'anto'?
(b) We can now extrapolate from the Mishnah Rebbi Elazar Amar Rav's Chidush.
What does he say Chidush?
Answers to questions

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