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Gitin 75

GITIN 73-75 - Anonymously dedicated by an ardent supporter who wants the Zechus of spreading Torah throughout the world.


(a) We just learned that according to Rava, we can extrapolates from Hillel that, in all similar cases, where Hillel did not institute his Takanah, such a transaction (against the will of the recipient) would not be valid, whereas, Rav Papa (or Rav Shimi bar Ashi) restricts Hillel's Takanah to payments that are made in the recipient's absence.
What do Rava and Rav Papa say in the second Lashon?

(b) According to Rav Papa in this Lashon (and Rava in the first Lashon), why did Raban Shimon ben Gamliel confine his Takanah to a case where the recipient was absent?

(c) What did Rabah bar bar Chanah Amar Rebbi Yochanan say about cases where Raban Shimon ben Gamliel appears in a Mishnah?

(a) What does the Tana of the Beraisa say in a case where the husband hands his wife a Get stipulating that ...
  1. ... the paper is to remain his?
  2. ... his wife is to return the paper?
(b) According to our initial understanding (which will be explained shortly), is there any S'vara to differentiate between the two cases?

(c) Consequently, Rav Chisda suggests that the author of the Seifa is Raban Shimon ben Gamliel in the previous Mishnah.
How will that explain our Mishnah?

(d) On what grounds does Abaye refute this suggestion? Why would even Raban Shimon ben Gamliel concede that the woman would not be permitted to return the value of the paper?

(a) So Abaye establishes the Seifa like Rebbi Meir (in connection with the Dinim of T'nai).
What does Rebbi Meir say? Why then is the T'nai Bateil in the Seifa?

(b) How do both Rav Chisda and Abaye explain 'al-M'nas she'Tachziri ... '?
Why do they decline to solve the seeming contradiction between the Reisha and the Seifa by explaining that, in the Seifa, the Get takes effect immediately, whereas the woman only returns the paper later?

(c) Rava attempts to resolve the contradiction by pointing out that even according to the Rabbanan of Rebbi Meir, the T'nai would be Bateil, because we require the T'nai to precede the Ma'aseh, which is not the case in our Mishnah.
What is the source of these Halachos of T'nai?

(d) Rav Ada bar Ahavah points out that, even without Rava's observation, the T'nai ought to be invalid in the Seifa.
Which other Din in T'nai do we learn from that of B'nei Gad and B'nei Reuven?

Answers to questions


4) Rav Ashi resolves the contradiction by establishing the Seifa like Rebbi.
What does he mean by that?


(a) Shmuel instituted that whenever a Shechiv-Mera gives a Sh'tar (a Get Shechiv-Mera), he must say 'Im Lo Meisi Lo Yehei Get; Im Meisi Yehei Get'.
Why is that?

(b) Why did he not reverse the order ...

  1. ... 'Im Meisi Yehei Get; Im Lo Meisi Lo Yehei Get'?
  2. ... 'Lo Yehei Get Im Lo Meisi'?
(c) What problem does Rava have with the order of Shmuel's Takanah?

(d) So how does he amend the wording to eliminate all problems?

(a) For how long must the wife comply for the Get to be valid, if the husband stipulated 'Harei Zeh Gitech al-M'nas she'Teshamshi es Aba?

(b) If he said ' ... al-M'nas she'Teniki es B'ni', she must feed the child for two years according to the Tana Kama.
What does Rebbi Yehudah say?

(c) What will be the Din if his father or the baby died before the end of the required period?

(a) How will the Din differ if, in the previous two cases, the husband actually stipulated a period of two years and then his father or the baby died, or if his father subsequently declined her services?

(b) Will it make any difference in the latter case, if the woman did nothing to make her ex father-in-law angry (that caused him to decline her services) ...

  1. ... according to the Tana Kama?
  2. ... according to Raban Shimon ben Gamliel?
(a) According to the Tana of the Beraisa, it will suffice for the woman to feed the child or to serve her ex-husband's father for one day.
What do we mean when we initially establish our Mishnah like Raban Shimon ben Gamliel and the Beraisa, like the Rabbanan?

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

(c) So how *do* we resolve the apparent contradiction based on the same Machlokes Tana'im?

(a) Rava disagrees.
What does Rava mean when he says 'Kahn bi'S'tam, Kahn bi'Mefaresh'.

(b) Rav Ashi disagrees with both the first answer and with Rava.
How does he establish the Beraisa?

(c) How does Rav Ashi ...

  1. ... explain our Mishnah, where the Tana Kama requires the woman to feed the baby for two years (and Rebbi Yehudah, for eighteen months)?
  2. ... explain the Reisha 'Meis ha'Ben O ha'Av'? For how long did she then fulfil the T'nai?
(d) What is the problem with this? How does Rav Ashi solve it?
Answers to questions

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