More Discussions for this daf
1. Machlokes Rebbi and Rav Yosef 2. Hekesh vs Gezeirah Shavah
DAF DISCUSSIONS - GITIN 41

Brian Silvey asked:

I'm learning in the Intermediate Program at Ohr Somayach, Jerusalem and this is the first time I am directly dealing with Hekdesh and Gazera Shava. It's somewhat intimidating when it seems like I am the only one unfamiliar with these two concepts. I went to your website looking for more clarity.

I carefully read your background explanation of the difference between Hekdesh and Gazera Shava, but I'm still not clear.

Could you also explain it based on the two reasons that Rashi gives on these methods of deriving a relationship between the wife and the slave?

Thanks. Kol Tuv.

Brian Silvey, Jerusalem, Israel

The Kollel replies:

Dear Brian,

Hekesh compares two subjects (A and B) in the same Pasuk and learns from A to B and/or B to A.

Gezerah Shavah connects two similar words (often identical) in two different places and also learns one from another.

In Gitin 41b, Hafdeh refers to redeeming a slave by money. Chufshah refers to redeeming a slave by Shtar (see Rashi). Rabah explains the argument concerning Shtar. Do we connect Chufshah to Hafdeh (applying Hekesh) and therefore we can use a document to free a slave half way or do we connect Chufshah through Gezerah Shavah (Lah-Lah) to a wife's divorce document, which does not work half way.

Rashi brings 2 reasons to explain the opinion that Gezerah Shavah is stronger than Hekesh:

1) A Gezerah Shavah, based on "extra", "open" words, is valued as if the new Halacha is openly written in the Pasuk, as opposed to Hekesh which remains "only" learned through Drashah.

2) Gezerah Savah can only be used when it's passed down from Sinai, as opposed to the other forms of derivation which the Tana can apply on his own (with the Torah's direction).

All the best,

Reuven Weiner