1)

A WHIFF OF A GET [line 1]

(a)

(Mishnah - Beis Shamai): If a man wrote a Get to divorce his wife, then decided not to, she is forbidden to Kohanim;

(b)

Beis Hillel say, even if he gave her a Get on Tanai, and the Tanai was not fulfilled, she is permitted to Kohanim.

(c)

(Gemara - Rav Yosef brei d'Rav Menasheh): If there are rumors that a Kohen wrote a Get to divorce his wife, and they are living together, what do we do?

(d)

Answer (Shmuel): She must leave. The matter needs investigation.

(e)

Question: What must be investigated?

1.

Suggestion: We must check whether or not we silence rumors.

2.

Rejection: Shmuel is from Neharde'a. There, they do not silence rumors!

(f)

Answer: Rather, we must check whether people say that a man 'wrote a Get' when he gave a Get.

(g)

Question: Even if they do, since they say this also when he only wrote it, why should she be forbidden?

(h)

Answer: She is forbidden due to Safek. Perhaps they meant that a Get was given.

(i)

Question: Why must he divorce her? Rav Ashi taught that we are not concerned for rumors that begin after marriage!

(j)

Answer: If she married another Kohen, he would have to divorce her.

(k)

Question: This will make people think that her children from the first husband are disqualified from Kehunah (because she really was divorced)!

(l)

Answer: Because we forced only the new husband to divorce her, but did not force the first husband, people will assume that he divorced her right before he died.

(m)

(Rabah bar bar Chanah): The decline in the generations is awesome!

1.

The early generations were stringent, like Beis Shamai (who forbid a woman to Kehunah due to rumors that a Get was written):

2.

Later generations are lenient like R. Dosa.

i.

(Beraisa - R. Dosa): A captured woman may eat Terumah. Just because the captor put his hands on her, should she be forbidden to Terumah?!

3.

Also, early generations brought their produce into the house through the gate, in order to obligate tithing it. Later generations bring their produce through the roof or yard in order to exempt it from tithes.

i.

(R. Yanai): Produce need be tithed only once it sees (is brought in through) the opening of the house - "I eradicated the Kodesh from the house."

ii.

(R. Yochanan): Even entering the yard obligates tithing it - "they will eat in your gates and be satiated."

2)

CONCERN LEST A MAN REMARRIED HIS EX-WIFE [line 36]

(a)

(Mishnah - Beis Shamai): If a man divorced his wife and spent the night with her in an inn, he need not give her another Get;

(b)

Beis Hillel say, he must give her another Get.

(c)

This is when she was divorced from Nisu'in. If she was divorced from Eirusin, all agree that a second Get is not needed because he is not so intimate with her.

(d)

(Gemara - Rabah bar bar Chanah citing R. Yochanan): The argument is when witnesses saw that they had Bi'ah;

81b----------------------------------------81b

1.

Beis Shamai hold that a man would have Bi'as Zenus (outside of wedlock). Beis Hillel hold that he would not (surely, he was Mekadesh her).

2.

If witnesses did not see Bi'ah, no one requires a second Get.

(e)

Question (Mishnah): If she was divorced from Eirusin, all agree that a second Get is not needed because he is not so intimate with her.

1.

If witnesses saw Bi'ah, what difference does it make if the divorce was from Nisu'in or Eirusin?

(f)

Answer: Indeed, the Mishnah is when witnesses did not see Bi'ah. R. Yochanan holds like R. Shimon ben Elazar;

1.

(Beraisa - R. Shimon ben Elazar): If witnesses did not see Bi'ah, no one requires a second Get. They argue about when witnesses saw Bi'ah;

i.

Beis Shamai hold that a man would have Bi'as Zenus. Beis Hillel say that he would not.

(g)

Question: In the Mishnah, witnesses did not see Bi'ah. What do Beis Shamai and Beis Hillel argue about?

(h)

Answer: There are witnesses that they were secluded, but not that they had Bi'ah;

1.

Beis Shamai hold that witnesses of seclusion are not considered witnesses of Bi'ah;

2.

Beis Hillel say, (surely he had Bi'ah with her, so) they are like witnesses of Bi'ah.

3.

If she was divorced from Eirusin, all agree that a second Get is not needed because he is not so intimate with her. Witnesses of seclusion are not like witnesses of Bi'ah.

(i)

Question: How can Yochanan hold like R. Shimon ben Elazar? R. Yochanan said that the Halachah always follows a Stam (anonymous) Mishnah!

(j)

Answer: R. Yochanan did not say both of these teachings. Amora'im argue which one he said.

3)

A BALD GET [line 21]

(a)

(Mishnah): If a woman remarried after receiving a bald Get (it is missing the required extra witnesses), all the fines of the previous Mishnah apply.

(b)

Ben Nanas says, anyone may sign on a bald Get to complete the required number of witnesses;

(c)

R. Akiva says, the only Pasul witnesses allowed are relatives who are valid witnesses in other cases.

1.

A bald Get is one in which there are more folds than witnesses. (A Mekushar Get is one in which we fold the paper onto itself and sew it, and the witnesses sign on the back.).

(d)

(Gemara) Question: Why is a bald Get Pasul?

(e)

Answer: This is a decree due to when the husband says 'all of you sign this Get' (the Get is Pasul unless all sign).

(f)

(Mishnah - Ben Nanas): Anyone may sign to complete the required number of witnesses...

(g)

Question: Why doesn't R. Akiva allow a slave to sign?

(h)

Answer #1: We are concerned lest people come to believe that the slave is a proper witness.

(i)

Rejection: If so, he should not allow relatives, lest people think that relatives can testify!

(j)

Answer #2: Rather, we are concerned lest people think that the slave has proper lineage.

(k)

Rejection: If so, a robber (who has proper lineage) should be able to sign, but R. Akiva permits only relatives, who are valid witnesses in other cases!

(l)

Answer #3: Rather, people will think that the slave was freed.

1.

Likewise, a robber may not sign, lest people think that he repented.

2.

There is no concern regarding relatives. All know that they are relatives!

(m)

Version #1 (R. Zeira): They argue about a Get with at least four folds. If the Get has only three, all require the third witness to be (Kosher for other testimonies, e.g.) a relative.

(n)

Question (R. Zeira): A Mekushar Get needs three witnesses just like a standard Get needs two. Why is a relative acceptable for the third witness?

(o)

Answer (Rav Ada bar Ahavah): We are more lenient about the third witness on a Mekushar Get, since it is only mid'Rabanan.

(p)

Support (Beraisa - Ben Nanas): If a Mekushar Get had seven folds and six (valid) witnesses, or six folds and five witnesses, or five folds and four witnesses, or four folds and three witnesses; and a slave signed to complete it, if she remarried, the children are not Mamzerim;

1.

R. Akiva says, the children are Mamzerim.

2.

If there are three folds, all agree that only a relative can sign.

(q)

Version #2 (Rav Yosef): (R. Zeira taught that) if there are three folds, all agree that only a valid witness can sign.

(r)

Question (Beraisa): If there are three folds, all agree that only a relative can sign.

(s)

Answer (Rav Papa): Rav Yosef's text of the Beraisa says 'only a valid witness can sign.'

(t)

(R. Yochanan): Only one relative may sign, not two, lest the Get be Mekuyam through two relatives and one valid witness.

1.

Support (Rav Ashi): In every case, the above Beraisa allowed only one Pasul witness.