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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 86

GITIN 86 (11 Iyar) - dedicated by the Feldman family in memory of their mother, ha'Rabbanit Sara Dvosya bas Rav Mordechai (of Milwaukee).


(a) Rav Yehudah instituted that, in the wording of a document of sale of an Eved Cana'ani, one adds 'Avda D'nan Mutzdak le'Avdu ... '. What is the meaning of ...
  1. ... 'Mutzdak le'Avdu'?
  2. ... 'u'Patir ve'Atir mi'Kol Charuri'?
  3. ... 'u'min Aruri Malka ... '?
(b) 've'Rashum de'Inash Lo Is Alohi, u'Menukeh mi'Kol Mum u'Sh'chin ad Titzhar Chadas ve'Atik'.
What is the meaning of ...
  1. ... 'Rashum'?
  2. ... 'u'Menukeh mi'Kol Mum
  3. ... 'u'min Sh'chin ad Titzhar'?
  4. ... 'Chadas ve'Atik'?
(c) How do we reconcile this with the Sugya in Kesuvos 'Simpon ba'Avadim Leika'?

(d) What is the significance of ginger, sulfur, wine-vinegar, the waste of silver (a by-product known as litharge), olive-oil and white Naphtha? What does one use to rub it in?

(a) What does the Tana Kama of our Mishnah say about a Get which is written in the husband's handwriting but on which witnesses did not sign, or even if they did, if the Sh'tar was not dated?

(b) What is the third case listed by the Tana?

(c) Are these Gitin Pasul d'Oraysa or de'Rabbanan?

(d) Why would the author of our Mishnah not appear to be Rebbi Meir (see Tosfos DH 'Sheloshah')?

(a) What does Rebbi Elazar (in our Mishnah) say?

(b) What is he referring to when he says 've'Govah mi'Nechasim Meshubadim'?

(c) Seeing as he validates a Sh'tar even when no witnesses signed on it, why do witnesses ever sign on a Sh'tar?

(a) Why does the Tana not include in the list (of Gitin Pesulin, ve'ha'V'lad Kasher') ...
  1. ... Get Yashan, assuming that our Mishnah holds ...
    1. ... 'Teitzei'?
    2. ... 'Lo Seitzei'?
  2. ... 'Get Kere'ach', according to ...
    1. ... Rebbi Meir who holds 'Kol ha'Meshaneh mi'Matbe'a she'Tav'u Chachamim be'Gitin, ha'V'lad Mamzer'?
    2. ... the Chachamim who hold there 'ha'V'lad Kasher'?
(b) How will we answer the last Kashya according to those who hold in our Mishnah 'Teitzei'?

(c) And why does the Tana not include the case of 'Kasav le'Shem Malchus', where the Din is 'Teitzei', according to those who hold here too 'Teitzei'?

(d) On what grounds does Rebbi Meir legitimize the children in our Mishnah?

(a) Our Mishnah opens with the words 'Sheloshah Gitin Pesulin'. Later it states 'Harei Eilu Sheloshah Gitin ... '.
What do we exclude from the first number?

(b) The second number - comes to exclude the case in the Beraisa, of someone who brings a Get from overseas and fails to say 'be'Fanai Nichtav u've'Fanai Nechtam', according to Rebbi Meir, who says 'Yotzi ve'ha'V'lad Mamzer'. What do the Chachamim say there?

(c) Seeing as Rebbi Meir has already taught in the Beraisa that 'ha'V'lad Mamzer', the Tana of our Mishnah nevertheless finds it necessary to repeat it here by way of inference?

(a) Rav says 'Kasav bi'K'sav Yado Shaninu'.
Why can this not refer to ...
  1. ... the Reisha ('Kasav bi'K'sav Yado ve'Ein Alav Eidim')?
  2. ... the middle case ('Yesh Alav Eidim ve'Ein Alav Z'man')?
(b) Then to which case is he referring?

(c) How will the Din differ if it was the Sofer who wrote the Get and not the owner?

(d) Having already taught that when there are no witnesses at all, the Get is Kasher, why does he need to repeat it here when there is one witness?

Answers to questions



(a) We just cited Rav who explains holds 'Kasav bi'K'sav Yado Shaninu'. What does Shmuel say? On what does he base his opinion?

(b) On what grounds does Rav reject Shmuel's proof from that Mishnah?

(c) So how does ...

  1. ... Rav amend the Mishnah later?
  2. ... Shmuel resolve the discrepancy?
(d) How do we explain Rav, who sometimes said 'Teitzei', and sometimes 'Lo Teitzei'?
(a) What does the Beraisa say about the Tzaros, if any of the fifteen Arayos (who normally exempt them from Yibum and Chalitzah) were a Safek Kidushin or a Safek Gerushin?

(b) The case of Safek Kidushin is when he threw her Kidushin and we do not know whether it landed closer to her or to him.
What is the case of Safek Gerushin?

(c) Why are we not concerned that, by ruling 'Lo Seitzei', we are encouraging the Tzarah to perform Yibum instead of Chalitzah?

(d) Levi says 'Lo Seitzei'. With regard to 'K'sav Yado ve'Eid', Rebbi Yochanan supports Rav.
Whom does he support in the current Machlokes between Rav and Levi?

(a) Besides the above ruling, what did Rebbi Yochanan tell the sons of Rebbi Chalafta from Cheifa in their father's name with regard to the 'Kartzis' that lives among the sheaves, that drinks from the Mei Chatas? What is a Kartzis?

(b) Why, according to the Tana of the Beraisa ...

  1. ... do birds that drink from the Mei Chatas render it Pasul?
  2. ... does a dove that drank from the Mei Chatas not render it Pasul?
(c) According to Rebbi Yochanan, why did the Tana not list the Chartzis together with the dove?

(d) Up to what size is a Chartzis called 'small'?

(a) Rav Yehudah Amar Rav rules like Rebbi Elazar ('Eidei Mesirah Karsi') by Gitin.
What did Shmuel comment when Rav Yehudah (who went to learn by Shmuel afters Rav's death) told him of Rav's ruling?

(b) How did Rav reconcile his ruling with Rebbi Elazar in our Mishnah, who concludes 've'Govah mi'Nechasim Meshubadim'?

(c) Based on the Pasuk in Yirmiyah "ve'Kasuv ba'Sefer ve'Chasum", what is the basis of the Machlokes between Rav and Shmuel?

(d) What do both Rebbi Yanai and Rebbi Yochanan mean when they say 'Afilu Re'ach ha'Get Ein Bo'? Does it therefore follow that they do not hold like Rebbi Elazar?

11) What do Rebbi Yehoshua ben Levi, Resh Lakish and Rav Huna, Rav Chama bar Gurya and Rebbi Elazar all in the name of Rav have in common?


(a) What does one do if two men with the same name sent two Gitin to their wives who also had the same name, and the two Gitin got mixed up?

(b) What will be the Halachah if one of the Gitin is lost?

(c) How many Gitin are Kasher if five men wrote five Gitin on the same piece of parchment, and the witnesses signed after the last one, assuming that they wrote ...

  1. ... a general Get for all of them (which will be explained later) concluding 'So-and-so divorced so-and-so, and so-and-so, so-and-so ... '?
  2. ... five individual Gitin, one for each couple?
(a) Why does Rebbi Yirmiyah establish the Seifa of our Mishnah not like Rebbi Elazar, who holds 'Eidei Mesirah Karsi'? What would be the Din according to Rebbi Elazar, in Rebbi Yirmiya's opinion?

(b) How does Abaye reconcile our Mishnah even with Rebbi Elazar?

Answers to questions

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