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Gitin 76

GITIN 76 - This Daf has been sponsored by Martin Fogel of Carlsbad, California in memory of his father, Yaakov ben Shlomo Fogel, whose Yahrzeit is 20 Nisan.


(a) Rebbi Meir says in a Beraisa that if the husband stipulated 'Harei Zeh Gitech al-M'nas she'Teshamshi es Aba Sh'tei Shanim ve'al-M'nas she'Teniki es B'ni Sh'tei Shanim, Harei Zeh Get'.
What is Rebbi Meir's reason?

(b) Then what is the reason of the Chachamim, who consider the T'nai to be valid?

(c) What does Raban Shimon ben Gamliel mean when he says 'Ein Lecha T'nai bi'Kesuvim she'Eino Kaful', assuming that he is referring to ...

  1. ... Rebbi Meir?
  2. ... the Chachamim?
(d) Why, in the latter explanation, does Raban Shimon ben Gamliel not consider it a case of 'Sh'nei Kesuvim ha'Ba'in ke'Echad'?
(a) In another Beraisa which deals with the same case as the previous one, Rebbi Meir says 'Eino Get'.
What do the Chachamim say?

(b) How do we reconcile the two (seemingly) contradictory opinions of ...

  1. ... Rebbi Meir? How does he differentiate between the two statements?
  2. ... the Chachamim? What do we mean when we say that the Chachamim of the second Beraisa are Raban Shimon ben Gamliel?
(a) The Tana of a Beraisa says that if someone says in front of two witnesses 'Harei Zeh Gitech al-M'nas she'Teshamshi es Aba Sh'tei Shanim' and then, in front of two other witnesses ' ... al-M'nas she'Titni Li Masayim Zuz', Lo Bitel Divrei ha'Acharon es ha'Rishon'.
When did he hand his wife the Get?

(b) What then, is the Halachah? What is the reason for this ruling?

(c) In which similar case would the latter T'nai negate the former one?

(a) The Tana adds 've'Ein Echad min ha'Rishonim ve'Echad min ha'Acharonim Mitztarfin'.
Why can this not possibly refer to the second of the two cases of the Beraisa?

(b) In that case, it must refer to the first.
Why is it not obvious that one witness from each group cannot combine (seeing as they are testifying on two different conditions, only one of which she is obligated to observe)?
What is the Tana coming to teach us?

(a) In the case cited by the Tana of our Mishnah 'Harei Zeh Gitech im Lo Ba'si mi'Ka'n ad Sheloshim Yom, ve'Hayah Holech ...
  1. ... mi'Yehudah le'Galil, Higi'a le'Antipras ve'Chazar (Miyad), Bitel Tena'o', where does Antipras appear to be?
  2. ... mi'Galil li'Yehudah, Higi'a li'K'far Usna'i ve'Chazar (Miyad), Bitel Tena'o', where does K'far Usna'i appear to be?
  3. ... li'Medinas ha'Yam, ve'Higi'a le'Acco, Bitel Tena'o', where does Acco appear to be?
(b) In the above cases, will it make any difference if he subsequently leaves Yehudah (in the first case), Galil (in the second case) or Eretz Yisrael (in the third) for thirty days?

(c) What does the Tana of our Mishnah say about a man who said 'Harei Zeh Gitech Kol Z'man she'A'avor mi'Neged Panayich Sheloshim Yom'?

(a) Where does the Tana of a Beraisa place ...
  1. ... Antipras?
  2. ... K'far Usna'i?
(b) Abaye resolves the apparent contradiction between our Mishnah (which seems to place Antipras in Galil and K'far Usna'i in Yehudah) and the Beraisa, which explicitly places the former in Yehudah and the latter in the Galil), by explaining with regard to our Mishnah, 'T'rei Tena'i ka'Amar Lah'.
What does this mean?

(c) Regarding the area north of Antipras and south of K'far Usna'i, he rules 'Megureshes ve'Einah Megureshes'.
Why is that?

(d) What does he mean by ...

  1. ... 'Megureshes'?
  2. ... 'Einah Megureshes'?
Answers to questions



(a) Rav Safra informs us how the Rabbanan would take leave of each other in Acco.
From whom were the Rabbanan of Eretz Yisrael taking their leave?

(b) Why specifically in Acco?

(c) So how does Abaye reconcile our Mishnah (which seems to place Acco in Chutz la'Aretz), with the testimony of Rav Safra (which specifically places it in Eretz Yisrael)?

(a) In the case in our Mishnah when the husband stipulated that the Get should take effect if he stayed away from her ('Im A'avor mi'Neged Panayich') for thirty days, why is the Get valid, seeing as he returned within thirty days? How does Rav Huna explain 'Panayich' to answer this Kashya?

(b) Rebbi Yochanan explains the Mishnah ('Panayich') literally.
Then how does he answer the Kashya?

(c) It is not a Get Yashan, according to Rebbi Yochanan, because the Din of Get Yashan applies specifically when Yichud took place between the time that the husband wrote the Get and the time he handed it over.
Why do we not even suspect that, when he returned, he appeased her and secluded himself with her (in which case it would be a Get Yashan)? How does Rabah bar Rav Huna, who cites his father in the name of Rav, explain this?

(d) Like whom is the Halachah, like Rav Huna or Rebbi Yochanan?

(a) There are others who cite Rabah bar Rav Huna, who cites his father in the name of Rav (who explains that the Tana speaks when the husband believed his wife) with regard to the forthcoming Mishnah 'Harei Zeh Gitech me'Achshav im Lo Ba'si mi'Kahn ve'ad Sh'teim-Esrei Chodesh, u'Meis ... Harei Zeh Get', to answer the Kashya why we are not afraid that he may have made up with her.
Why, if he said this on ...
  1. ... the Mishnah, would we extrapolate that he certainly said it on the Beraisa?
  2. ... the Beraisa, he would extrapolate that he did not say it on the Beraisa?
(b) What are the ramifications of this latter statement?
(a) We just discussed our Mishnah 'Harei Zeh Gitech me'Achshav im Lo Ba'si mi'Kahn ve'ad Sh'teim-Esrei Chodesh, u'Meis be'Toch Sh'teim-Esrei Chodesh, Harei Zeh Get'.
Why, in the Reisha, where he did not say 'me'Achshav', does the Tana rule 'Eino Get'?

(b) Will the Get be valid, if he said ...

  1. ... 'Im Lo Ba'asi mi'Kahn ve'ad Sh'teim-Esrei Chodesh, Kisvu u'T'nu Get le'Ishti', and they wrote the Get within twelve months and handed it to her after twelve months?
  2. ... 'Kisvu u'T'nu Get le'Ishti, Im Lo Ba'si mi'Kahn ve'ad Sh'teim-Esrei Chodesh', according to the Tana Kama?
(c) What does Rebbi Yossi say in the latter case?

(d) Even if, when he failed to return within twelve months, they wrote the Get and handed it to his wife after twelve months, the Get will not be valid if her husband died before she received it.
What will be the Din in a case where nobody knows whether the Get preceded her husband's death or vice-versa?

(a) We learned in a Beraisa (with regard to 'Im Lo Ba'si mi'Kahn ve'ad Sh'teim-Esrei Chodesh, Kisvu u'T'nu Get le'Ishti') 'Raboseinu Hitiruhah Linasei'. Rav Yehudah Amar Shmuel ascribes the title 'Raboseinu' to the Beis-Din that permitted Nochri oil.
Whose Beis-Din was this? Was he a Tana or an Amora?

(b) Like whom do Raboseinu hold?

(c) What did Rebbi Aba the son of Rebbi Chiya bar Aba quoting Rebbi Yochanan say about this? Is it a unanimous opinion?

(d) What is the difference between 'Kol Si'aso' and 'Kol Sha'ato'?

(a) Rebbi Elazar asked that old man whether Raboseinu permitted the woman to marry immediately or only after twelve months.
What exactly does the first side of the She'eilah mean?

(b) Could Rebbi Elazar have posed the same She'eilah with regard to our Mishnah 'Harei Zeh Gitech me'Achshav im Lo Ba'si mi'Kahn ve'ad Sh'teim-Esrei Chodesh, u'Meis be'Toch Sh'teim-Esrei Chodesh, Harei Zeh Get'?

(c) Then why did he pose it on the Beraisa of Raboseinu rather than on the Mishnah?

Answers to questions

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