GITIN 28 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
 

12th CYCLE DEDICATION
GITIN 28 (7 Av) - Dedicated in memory of Dr. Simcha Bekelnitzky (Simcha Gedalya ben Shraga Feibush) of Queens, N.Y., by his wife and daughters to honor his eleventh Yahrzeit. G-d-fearing and knowledgeable, Simcha was well known in the community for his Chesed and Tzedakah. He will long be remembered.

1)

A GET FOUND LATER

(a)

(Rav Yehudah): The Halachah is, if no person delayed where the Get was lost (this is considered immediately).

(b)

(Rabah bar bar Chanah): The Halachah is, if no one passed there.

(c)

Question: Why didn't each just say which Tana he follows?

(d)

Answer: Other Amora'im have a different version of which Tana said which period of time.

(e)

(Mishnah): If he found it in a Chafisah or Deluskema (and recognizes it, it is Kosher).

(f)

Question: What is a Chafisah?

(g)

Answer (Rabah bar bar Chanah): It is a small leather bag.

(h)

Question: What is a Deluskema?

(i)

Answer: It is a sack.

2)

MAY WE ASSUME THAT ONE IS STILL ALIVE?

(a)

(Mishnah): If Reuven made a Shali'ach to give a Get, (even) if Reuven was old or sick, the Shali'ach gives the Get. We rely on the Chazakah that Reuven is still alive.

(b)

A Bas Yisrael married to a Kohen eats Terumah even when her husband goes abroad. We rely on the Chazakah that he is still alive.

(c)

If Shimon sent a Chatas from abroad, we rely on the Chazakah that he is still alive, and we offer it on the Mizbe'ach.

(d)

(Gemara - Rava): This is only if Reuven was less than 80 years old, and only moderately sick;

1.

But if he was at least 80, or was Goses (a dying person who probably will not survive), we are concerned lest he died.

(e)

Question (Abaye - Beraisa): If Reuven made a Shali'ach to give a Get, (even) if Reuven was 100 years old, the Shali'ach gives the Get. We rely on the Chazakah that Reuven is still alive.

1.

Version #1: Rava is refuted.

2.

Version #2: Rava is not refuted. Perhaps we are concerned that one in his 80's may die any day; but once one lived to 100 we are not concerned (we see that he is extraordinary).

(f)

Question (Abaye - Mishnah): (Even) if Reuven was old or sick, the Shali'ach gives the Get. We rely on the Chazakah that Reuven is still alive.

1.

Contradiction (Beraisa): If a Kohen told his wife 'this is your Get; it should take effect a moment before I die', the moment she takes the Get, she is forbidden to eat Terumah.

(g)

Answer (Rabah): Regarding Terumah, we can be stringent and require her to eat Chulin. In the Mishnah, if we would be concerned lest the husband already died, and not allow her to receive the Get, we will make women Agunos (unable to remarry)!

(h)

Question: Regarding Terumah itself, sometimes we are concerned for death, and sometimes not!

1.

(Mishnah): A Bas Yisrael married to a Kohen may eat Terumah (even) when he goes abroad. We rely on the Chazakah that he is still alive.

2.

Contradiction (Beraisa): If a Kohen told his wife 'this is your Get; it should take effect a moment before I die', the moment she takes the Get, she is forbidden to eat Terumah.

(i)

Answer #1 (Rav Ada brei d'Rav Yitzchak): Regarding Terumah we are not concerned lest he died. The case of the Beraisa is different, since she is forbidden to eat (for a moment) even in her husband's lifetime.

(j)

Objection (Rav Papa): If she dies first, she will never be forbidden!

(k)

Answer #2 (Abaye): Our Mishnah is R. Meir, who is not concerned lest someone die; the Beraisa is R. Yehudah, who is concerned:

1.

(Beraisa - R. Meir): If one bought (100 Lugim of) wine from Kusim (and cannot separate the tithes before drinking), he says 'the two Lugim that I will separate later should be Terumah. The 10 Lugim (that I will separate) are Ma'aser Rishon; and nine Lugim are Ma'aser Sheni.

2.

He is Meichal (Rashi - redeems the Ma'aser Sheni; Tosfos - mixes the wine) and may drink immediately;

3.

R. Yehudah, R. Yosi and R. Shimon say, he must separate the tithes before drinking.

i.

They do not allow relying on Breirah to tithe wine for the reason stated in the Beraisa, lest the barrel break before he separates the tithes, and he drank Tevel retroactively. The concern that the barrel will break resembles the concern lest he die.

28b----------------------------------------28b

(l)

Answer #3 (Rava): We are not concerned lest the husband already died. We are concerned lest he will die. (In the Beraisa she is forbidden lest he die in the next moment, and she is already divorced.)

1.

Question (Rav Ada bar Masnah): The Tana'im argue about whether or not we are concerned lest the barrel break. This resembles the concern that the husband will die!

2.

Answer (Rav Yehudah of Diskarta): R. Meir is less concerned about the barrel breaking than about death, because one can appoint a guard to watch the barrel.

3.

Objection (Rav Mesharshiya): Who will ensure that the guard will watch it properly?

(m)

Answer #4 (Rava): Rather, we are not concerned that the husband already died; Tana'im argue about whether or not we are concerned that he will die.

(n)

(Mishnah): If one sent a Chatas from abroad...

(o)

Question: The owner of a Chatas must personally come to do Semichah (press on the animal's neck)!

(p)

Answer #1 (Rav Yosef): The case is, a woman sent it (women do not do Semichah).

(q)

Answer #2 (Rav Papa): The case is, he sent Chatas ha'Of (Semichah does not apply to birds).

(r)

It was necessary to teach all three clauses of the Mishnah:

1.

Had it taught only about a Get, one might have thought that we rely on the Chazakah because we cannot be stringent (lest it cause Igun), but we would be stringent about Terumah;

2.

Had it taught only about Terumah, one might have thought that we rely on the Chazakah because sometimes we cannot be stringent (if his wife is poor and cannot afford Chulin), but we would be stringent about a Chatas, lest the owner died and the Korban is Pasul. The owner can bring it himself!

3)

PEOPLE ABOUT WHOM WE ARE CONCERNED LEST THEY DIED

(a)

(Mishnah): R. Eliezer ben Parta said that in three cases we assume that a man is still alive. Chachamim agreed to all of them:

1.

Someone in a besieged city;

2.

Someone in a sinking ship;

3.

Someone being taken for judgment in a capital case.

(b)

However, if the besiegers conquered the city, or the ship sank, or he was going out to be executed, we apply to him the stringencies of one who is alive and one who died.

(c)

(Gemara) Version #1 (Rav Yosef): This applies only to a Beis Din of Yisrael. If a court of Nochrim passed sentence, they surely will kill him. (Therefore, if someone was taken to be executed, we would presume that he is dead.)

(d)

Question (Abaye): Courts of Nochrim take bribes. He is not sure to die!

(e)

Answer (Rav Yosef): They do not take bribes after the verdict has been signed.

(f)

Question (Mishnah): If two witnesses say that Ploni was sentenced to die, and they name the Beis Din and witnesses who convicted him, we kill Ploni. (We are not concerned lest the verdict was overturned!)

(g)

Answer: Perhaps the case of one who fled is different.

(h)

(Beraisa): If one heard a Beis Din of Yisrael say that Ploni 'Mes' or 'Neherag' (this will be explained), we permit his wife to remarry;

1.

If he heard Nochri executioners saying this, we do not permit her to remarry.

(i)

Question: What do 'Mes' and 'Neherag' mean?

1.

Suggestion: He already died, or was killed.

2.

Rejection: If so, his wife should be permitted to remarry even if a Nochri executioner said this!

i.

If anyone mentions a person's death l'Fi Tumo (unaware of the implications), we rely on this to permit his wife to remarry!

(j)

Answer #1: Rather, Ploni's sentence is that Beis Din will cause his death, or will directly kill him.

1.

In such a case, regarding a Beis Din of Yisrael, we permit his wife to remarry. This shows that we are sure that he was killed!

(k)

Answer #2: Really, it means that he already died or was killed;

1.

Normally, if anyone says l'Fi Tumo that Ploni died, we rely on this to permit his wife to remarry. We do not rely on the words of a Nochri executioner.

2.

This is because Nochrim pride themselves that they judged properly, and are prone to lie!

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