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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 81

GITIN 81 - has been generously sponsored by Yeshayahu (Jason) Schmidt (originally of West Hempstead, N.Y.), a talmid of Rabbi Kornfeld.


(a) According to Beis Shamai, if a man wrote a Get having in mind to divorce his wife and then changed his mind, should he subsequently die, she is forbidden to marry a Kohen.
What do Beis Hillel say?

(b) What did Shmuel reply when he was asked what the Din will be in the case of a Kohen about whom a rumor had spread that he had divorced his wife?

(c) Why, when he added, ve'ha'Davar Tzarich Bedikah', can he not have meant that we first see whether it is not possible to stop the rumor?

(d) So what *did* he mean?

(a) So what if 'Kesivah' did incorporate Nesinah in that town, seeing as it certainly refered to Kesivah itself? How would we know that the Kol referred to Nesinah and not Kesivah?

(b) In view of Rav Ashi, who maintains that one ignores a Kol that only begins after a couple are married, how do we interpret ...

  1. ... Shmuel's ruling 'Teitzei'?
  2. ... the Mishnah in ha'Megaresh which does contend with a Kol?
(c) Why are we not afraid that, by forbidding her to marry the second Kohen, one is in effect, substantiating the Kol, resulting in the stigmatization of any children that she bore to her first husband after the rumor began to spread?

(d) To what would people then have ascribed the fact that she was forbidden to the second Kohen?

(a) Rabah bar bar Chanah Amar Rebbi Yochanan quoting Rebbi Yehudah contrasts the early generations with the latter ones. 'The early generations' refers to ...
1. ... Beis Shamai in our Mishnah ('Kasav Legaresh es Ishto') were stringent with regard to Kedushas Yuchsin; 'the latter ones', to Rebbi Dosa. What does Rebbi Dosa say regarding the wife of a Kohen who was captured by Nochrim? Why is he so lenient?
2. ... those who used to bring their crops into the house through the front door. What did the latter generations used to do? What were they both trying to achieve?
(b) This statement is based on a statement by Rebbi Yanai, who derived this Halachah from the Pasuk in Ki Savo "Bi'arti ha'Kodesh min ha'Bayis". What does Rebbi Yochanan learn from the Pasuk there "ve'Achlu bi'She'arecha ve'Save'u"?
(a) According to Beis Shamai, someone who stays with his ex-wife in a hotel after divorcing her, is not obligated to give her a new Get.
On what grounds do Beis Hillel disagree with this?

(b) How does the Mishnah qualify Beis Hillel's ruling?

Answers to questions



(a) Rabah bar bar Chanah Amar Rebbi Yochanan establishes the Machlokes when witnesses actually saw them being intimate.
What then, is the basis of their Machlokes?

(b) What will the Din then be if they were not seen being intimate?

(c) How do we refute this interpretation of our Mishnah from the Seifa which differentiates between whether they had previously been married or just betrothed?

(d) So how do we then establish ...

  1. ... Rebbi Yochanan? Like whom does he hold?
  2. ... our Mishnah? What is then the basis of the Machlokes between Beis Shamai and Beis Hillel?
(a) What will be the Din according to the Tana of our Mishnah if they were actually seen being intimate?

(b) Why do they then both agree in the Seifa where the couple had only been betrothed?

(a) The Tana of our Mishnah invalidates a Get Kere'ach, adding it to the list in the opening Mishnah of the Perek ('Teitzei mi'Zeh u'mi'Zeh ... '). What is a ...
  1. ... 'Get Mekushar'?
  2. ... 'Get Kere'ach'?
(b) Why did Chazal institute a Get Mekushar?

(c) Why is a Get Kere'ach Pasul?

(a) ben Nannes permits anybody to sign on a Get Kere'ach (in order to fill in the missing signatures).
Why is that?

(b) Rebbi Akiva qualifies ben Nannes' ruling.
What does he say?

(c) Why can Rebbi Akiva's reason not be because ...

  1. ... people might think that a slave is Kasher le'Eidus?
  2. ... people might declare the slave Kasher to marry a bas Yisrael?
(d) So what is Rebbi Akiva's reason? Why does he validate a relative to sign on a Get Kere'ach, but not a slave or a thief?
(a) When does ben Nannes ...
  1. ... argue with Rebbi Akiva, and permit anybody to sign on a Get Kere'ach?
  2. ... concede to Rebbi Akiva that only a relative (who is Kasher elsewhere) is eligible to sign on a Get Kere'ach?
(b) Seeing as three by a Get Kere'ach is like two by an ordinary Get, why is even this acceptable?

(c) A Beraisa supports the previous statement of Rebbi Zeira quoting ... Rav Ada bar Ahavah. Rav Yosef and Rav Papa amend the Lashon 'Ein Mashlimin Alav Ela Karov'.
What do they amend it to?

(a) Rebbi Yochanan restricts the number of non-Kasher witnesses who sign on a Get Kere'ach to one.
Why not two?

(b) How does Rav Ashi substantiate this from the Beraisa which we just alluded to?

Answers to questions

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