More Discussions for this daf
1. Rebbi Yochanan's Kal v'Chomer 2. "Mashi'ach" 3. Using the Kula
4. Rav'ani Le'onsi 5. Bottom Tosfos 6. Warning by a Shed or by one's self
7. Intent to be Edim
DAF DISCUSSIONS - MAKOS 6

Josh Strosberg asked:

1) The bottom Tosfos on 6a: First, what does the phrase "heyach matzinu yadenu v'raglenu" mean?

2) Second, How is the giving of a GET a case of Nefashos? What is the meaning of "Dsharina Eishes Ish Sheyesh Bah Misas Beis Din"?

Josh Strosberg, NYC USA

The Kollel replies:

The saying 'Hei'ach Matzinu ... !' is equivalent to the that of 'We don't have a leg to stand on!' (i.e. our custom, or handing over a Get in the presence of close relatives should be unacceptable).

Why is that? Because even according to R. Yossi (who is lenient with regard to Dinei Mamonos), wherever Dinei Nefashos is involved, relatives are considered witnesses, who therefore invalidate the testimony of the Kasher witnesses.

And a Get is considered Dinei Nefashos, considering that the Get comes to permit a married woman to remarry, and if the Get is invalid (which is our bone of contention), then whoever subsequently 'marries' her and is intimate with her is Chayav Misas Beis-Din.

'Sharinan Eishes Ish ... ' means 'We are permitting a married woman who is subject to death at the hand of Beis-Din.

May we be Zocheh to witness the coming of Mashi'ach and the building of the third Beis-Hamikdash soon.

Be'Virchas Kol Tuv

Eliezer Chrysler