12th CYCLE DEDICATION
GITIN 86-87 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

1)

(a)Rav Yehudah instituted that, in the wording of a document of sale of an Eved Kena'ani, one adds 'Avda D'nan Mutzdak l'Avdu ... '. What is the meaning of ...

1. ... 'Mutzdak l'Avdu'?

2. ... 'u'Patir v'Atir mi'Kol Charuri'?

3. ... 'u'min Aruri Malka ... '?

(b)'ve'Rashum d'Inash Lo Is Alohi, u'Menukeh mi'Kol Mum u'Sh'chin ad Titzhar Chadas v'Atik'. What is the meaning of ...

1. ... 'Rashum'?

2. ... 'u'Menukeh mi'Kol Mum

3. ... 'u'min Sh'chin ad Titzhar'?

4. ... 'Chadas v'Atik'?

(c)How do we reconcile this with the Sugya in Kesuvos 'Simpon ba'Avadim Leika'?

(d)In what context does Abaye present a list comprising 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?

1)

(a)Rav Yehudah instituted that, in the wording of a document of sale of an Eved Kena'ani, one adds 'Avda D'nan Mutzdak l'Avdu ... '.

1. 'Mutzdak l'Avdu' means that the sale is uncontested.

2. 'u'Patir v'Atir mi'Kol Charuri' that he is totally removed from freedom.

3. 'u'min Aruri Malka ... ' that the king has no claim to him.

(b)'ve'Rashum d'Inash Lo Is Alohi, u'Menukeh mi'Kol Mum u'min Sh'chin d'Nafik ad Titzhar'.

1. 'Rashum' is the badge worn by slaves as a mark of slavery.

2. 'u'Menukeh mi'Kol Mum' means that he is not a robber.

3. 'u'min Sh'chin d'Nafik ad Titzhar' that he is clean from all boils that appear up to two years (and which would therefore indicate that the illness has already begun [because boils tend to reappear for a period of up to two years]).

4. 'Chadas v'Atik' means whether it is a new boil or an old one.

(c)The Sugya in Kesuvos 'Simpon ba'Avadim Leika' speaks when no conditions were made, whereas here we are speaking when there were.

(d)Abaye presents a list comprising ginger, sulfur, wine-vinegar, the waste of silver (a by-product known as litharge), olive oil and white Naphtha which, when mixed together, constitute the cure for boils, which one rubs in with a goose-feather.

2)

(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 Shtar is undated?

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

(c)What is the source of these Gitin Pesulim?

(d)Why do we initially think that the author of our Mishnah cannot be Rebbi Meir (see Tosfos DH 'Sheloshah')?

2)

(a)The Tana Kama of our Mishnah rules that if a Get is written in the husband's handwriting but on which witnesses did not sign, or even if they did, the Shtar is undated it is Pasul, though the children are Kosher.

(b)The third case listed by the Tana is where the Shtar is dated but there is only one witness (this will be explained shortly).

(c)These Gitin are Pasul mid'Rabanan (but Kosher mid'Oraisa).

(d)We initially think that the author of our Mishnah cannot be Rebbi Meir (see Tosfos DH 'Sheloshah') because according to Rebbi Meir, the children should also be Mamzerim.

3)

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

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

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

3)

(a)Rebbi Elazar (in our Mishnah) says that even if no witnesses sign on a Get, as long as it is handed over in the presence of witnesses, it is Kosher.

(b)When he says 've'Govah mi'Nechasim Meshu'abadim' he is referring to Sh'tarei Chov, because he holds 'Eidei Mesirah Karsi by all Shtaros.

(c)Even though he validates a Shtar even when no witnesses signed on it, it is nevertheless necessary for witnesses to sign on it due to Tikun ha'Olam (in case the witnesses who saw the handing over of the Shtar are overseas or no longer alive, when they are needed to substantiate it).

4)

(a)Why does the Tana not include in the list (of Gitin Pesulin, v'ha'Vlad Kosher') ...

1. ... Get Yashan, assuming that our Mishnah holds a. 'Teitzei' or b. 'Lo Setzei'?

2. ... 'Get Kere'ach', according to a. Rebbi Meir who holds 'Kol ha'Meshaneh mi'Matbe'a she'Tav'u Chachamim b'Gitin, ha'Vlad Mamzer' or b. the Chachamim who hold there 'ha'Vlad Kosher'?

(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 l'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?

4)

(a)The Tana does not include in the list (of Gitin Pesulin, v'ha'Vlad Kosher') ...

1. ... Get Yashan, assuming that our Mishnah holds a. 'Teitzei' because there the Din is 'Lo Setzei' or b. 'Lo Setzei' because there, she is even permitted to marry Lechchatchilah, whereas here, only b'Di'eved.

2. ... 'Get Kere'ach', according to a. Rebbi Meir who holds 'Kol ha'Meshaneh mi'Matbe'a she'Tav'u Chachamim b'Gitin, ha'Vlad Mamzer' because here, the Tana holds 'ha'Vlad Kosher' or b. the Chachamim who hold ... ha'Vlad Kosher' because there, the Din is ha'Vlad Teitzei', whereas here, we hold 'Lo Setzei'.

(b)And according to those who hold in our Mishnah 'Teitzei' we will have to say that our Mishnah speaks exclusively about a regular Get, and not about a Get Mekushar.

(c)The Tana does not include the case of 'Kasav l'Shem Malchus', where the Din is 'Teitzei', according to those who hold here too 'Teitzei' because the author of our Mishnah is Rebbi Meir, who considers the children there to be Mamzerim, whereas the children in our Mishnah are all Kosher.

(d)Rebbi Meir legitimizes the children in our Mishnah on the grounds that the husband's signature is like a hundred witnesses, in which case the Shtar is really Kosher.

5)

(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 Nichtam', according to Rebbi Meir, who says 'Yotzi v'ha'Vlad Mamzer'. What do the Chachamim say there?

(c)Seeing as Rebbi Meir has already taught in the Beraisa that 'ha'Vlad Mamzer', why does our Mishnah find it necessary to repeat it here by way of inference?

5)

(a)Our Mishnah opens with the words 'Sheloshah Gitin Pesulin'. Later it states 'Harei Eilu Sheloshah Gitin ... '. From the first number we exclude the three cases we just discussed (Get Yashan, Get Kere'ach and Shalom Malchus).

(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 Nichtam', according to Rebbi Meir, who says 'Yotzi v'ha'Vlad Mamzer'. The Chachamim say there that the Vlad is not a Mamzer, and that all that is needed is for the Shali'ach to take back the Get and declare 'be'Fanai Nichtav ... ' before returning it to the woman.

(c)In spite of Rebbi Meir having already taught in the Beraisa that 'ha'Vlad Mamzer', our Mishnah nevertheless finds it necessary to repeat it here by way of inference to teach us that the Beraisa is correct.

6)

(a)Rav says 'Kasav bi'Kesav Yado Shaninu'. Why can this not refer to ...

1. ... the Reisha ('Kasav bi'Kesav Yado v'Ein Alav Edim')?

2. ... the middle case ('Yesh Alav Edim v'Ein Alav Zman')?

(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 husband?

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

6)

(a)Rav says 'Kasav bi'Kesav Yado Shaninu'. This cannot refer to ...

1. ... the Reisha ('Kasav bi'Kesav Yado v'Ein Alav Edim') because that is precisely what the Tana says.

2. ... the middle case ('Yesh Alav Edim v'Ein Alav Zman') because since there are already witnesses who have signed, what difference will it make whether it is the husband who wrote the Get or the Sofer.

(b)He must therefore be referring to the Seifa 'Yesh Bo Zman v'Ein Bo Ela Ed Echad'.

(c)The Din will differ if it was the Sofer who wrote the Get and not the husband inasmuch as the children will then be Mamzerim.

(d)In spite of having already taught that when there are no witnesses at all, the Get is Kosher, the Tana needs to repeat the same Din when there is one witness to teach us that even when there is one witness together with the husband's handwriting, she is nevertheless not permitted to marry l'Chatchilah.

86b----------------------------------------86b

7)

(a)We just cited Rav who holds 'Kasav bi'Kesav 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'?

7)

(a)We just cited Rav who explains holds 'Kasav bi'Kesav Yado Shaninu'. Based on the Mishnah later, which specifically states 'Kasav bi'Kesav Yado Kosher', Shmuel validates even 'Kasav Sofer v'Ed'.

(b)Rav rejects Shmuel's proof from that Mishnah based on the fact that the Tana there permits the woman to marry l'Chatchilah, whereas here, the Tana forbids it (forcing us to make an amendment).

(c)On the one hand ...

1. ... Rav amends that Mishnah to 'Chasam Sofer v'Ed' (as we shall see later), whilst on the other ...

2. ... Shmuel resolves the discrepancy by establishing that Mishnah by an expert Sofer (who knows not to write the Get unless the husband instructs him to do so); whereas our Mishnah speaks about a regular Sofer (whom we suspect of writing the Get even when instructed to do so by a Shali'ach).

(d)Rav sometimes said 'Teitzei', and sometimes 'Lo Teitzei' depending upon whether the woman had children from the second husband or not.

8)

(a)What does the Beraisa say about the Tzaros, if any of the fifteen Arayos (who normally exempt the woman from Yibum and Chalitzah) were a Safek Kidushin or a Safek Gerushin?

(b)The case of Safek Kidushin is when the man threw the woman 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 Setzei', we are encouraging the Tzarah to perform Yibum instead of Chalitzah?

(d)Levi says categorically 'Lo Setzei'. With regard to 'Kesav Yado v'Ed', Rebbi Yochanan supports Rav. Whom does he support in the current Machlokes between Rav and Levi?

8)

(a)The Beraisa rules that if any of the fifteen Arayos (who normally exempt the Tzaros from Yibum and Chalitzah) were a Safek Kidushin or a Safek Gerushin the Tzaros must perform Chalitzah.

(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. The case of Safek Gerushin is any of the three cases of Get Pasul in our Mishnah, which adopt the Din of a Safek.

(c)We are not concerned that, by ruling 'Lo Setzei', the Tzarah will be tempted to perform Yibum instead of Chalitzah because based on the fact that, min ha'Torah, the Get is valid, even if the Tzoroh did perform Yibum, she will not have transgressed any real Isur.

(d)Levi says categorically 'Lo Setzei'. With regard to 'Kesav Yado v'Ed', Rebbi Yochanan supports Rav in the current Machlokes, he supports Levi.

9)

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

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

1. ... do birds that drink from the Mei Chatas render it Pasul?

2. ... does a dove that drinks 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'?

9)

(a)Besides the above ruling, Rebbi Yochanan told the sons of Rebbi Chalafta from Cheifa in their father's name, that if a 'Kartzis' (which is a huge species of fly the size of a locust) that lives among the sheaves drinks from the Mei Chatas it does not render it Pasul.

(b)According to the Tana of the Beraisa ...

1. ... birds that drink from the Mei Chatas render it Pasul because they lap up the water and some of it drips back into the container. Consequently, based on the fact that Mei Chatas loses its identity once it enters any animal's mouth. Consequently, the water that drips is no longer Mei Chatas and disqualifies the rest of the water.

2. ... a dove that drinks from the Mei Chatas does not render it Pasul because it sucks the water, so that none of the water in its mouth drips back into the container.

(c)According to Rebbi Yochanan, the Tana did not list the Chartzis together with the dove because the Halachah regarding it is not clear-cut, due to the fact that it is only a very large one that does not invalidate the Mei Chatos, whereas a small one does.

(d)Rebbi Yirmeyahu or Rebbi Ami rules that a Chartzis is called 'small' up to the size of an olive.

10)

(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 after Rav's death) told him what Rav had said?

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

(c)Based on the Pasuk in Yirmiyahu "v'Kasuv ba'Sefer v'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?

10)

(a)Rav Yehudah Amar Rav rules like Rebbi Elazar ('Eidei Mesirah Karsi') by Gitin. When Rav Yehudah (who went to learn by Shmuel after Rav's death) told him what Rav had said he commented that the Halachah is like him by all Shtaros.

(b)Rav reconciled his ruling with Rebbi Elazar in our Mishnah, who concludes 've'Govah mi'Nechasim Meshu'abadim' by confining his own ruling to his own choice of P'sak, but admitting that Rebbi Elazar himself issued his ruling by all Shtaros.

(c)Based on the Pasuk "v'Kasuv ba'Sefer v'Chasum", the basis of the Machlokes between Rav and Shmuel is whether Yirmeyahu was teaching the people that documents must be signed in order to be valid (Rav), or whether he was merely advising them to do so (because they were about to go into exile and would not return for some time (Shmuel).

(d)When both Rebbi Yanai and Rebbi Yochanan said 'Afilu Re'ach ha'Get Ein Bo', they meant that the Get is not even valid l'Chumra (to be forbidden to marry a Kohen in the event of their husband's death). It does not follow that they do not hold like Rebbi Elazar because they said this according to the Rabanan.

11)

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

11)

(a)Rebbi Yehoshua ben Levi, Reish Lakish and Rav Huna, Rav Chama bar Gurya and Rebbi Elazar, all in the name of Rav, hold 'Halachah k'Rebbi Elazar b'Gitin'.

12)

(a)What does one do if two men with the same name send 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 gets lost?

(c)How many Gitin are Kosher 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?

12)

(a)If two men with the same name send two Gitin to their wives who also had the same name, and the two Gitin got mixed up they must hand each Get to both women (independently), for them to be divorced.

(b)If one of the Gitin is lost the other one is Pasul.

(c)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 'Ploni Megaresh Plonis, u'Ploni, Plonis' then all five Gitin are Kosher.

2. ... five individual Gitin, one for each couple then only the bottom one, together with which the signatures can be read, is Kosher.

13)

(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 Yirmiyah's opinion?

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

13)

(a)Rebbi Yirmeyahu establishes the Seifa of our Mishnah not like Rebbi Elazar who holds 'Eidei Mesirah Karsi' because according to him, the Mesirah needs to be Lishmah (i.e. having in mind the woman who is being divorced, which is not the case in our Mishnah, seeing as there is no way of knowing in the name of which woman it is being handed over.

(b)Abaye reconciles our Mishnah even with Rebbi Elazar because, he says, considering that the Torah writes "v'Kasav Lah" ('Lishmah') even he will concede that it is the Kesivah that requires Lishmah, and not the Mesirah.

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