1)

ARE WE CONCERNED FOR THE STRENGTH OF BEIS DIN? [line before last on previous Amud]

(a)

Question: Rav Nachman is concerned for the strength of Beis Din!

1.

(Rav Nachman citing Shmuel): If orphans come to divide their father's property, Beis Din appoints a guardian for them and they select a nice portion for them. When the orphans grow up, they can demand a new division;

2.

(Rav Nachman himself): They cannot demand a new division. If they could, Beis Din would be weak!

(b)

Answer: Regarding money, Rav Nachman says that Beis Din gave strength to their enactments, but not regarding Isurim.

2)

GILUY DA'AS TO CANCEL A GET [line 6]

(a)

Gidal bar Re'ilai sent a Get to his wife. She was weaving when the Shali'ach came. She told him to return the next day.

1.

When Gidal heard about this, he said 'blessed is Hash-m, Who is good and does good'!

2.

Abaye: He blessed Hash-m, but he did not cancel the Get.

3.

Rava: The Berachah shows that he wanted to cancel the Get, and it is cancelled!

4.

They argue about whether or not Giluy Da'as (showing desire to cancel a Get) cancels the Get.

i.

Rava says that it does; Abaye says it does not.

(b)

(Rava): We can infer that Rav Sheshes holds that Giluy Da'as cancels a Get;

1.

Rav Sheshes forced a man to (make Sheluchim to) divorce his wife. The man (lied and) told the Sheluchim that Rav Sheshes told them to cancel the Get. Rav Sheshes required them to write another Get. (There was a Giluy Da'as, so the first Get was cancelled.)

(c)

Rejection (Abaye): Rav Sheshes cannot cancel another man's Get!

1.

Rather, the man cancelled his own Get. He said this in Rav Sheshes' name, so they would not whip him.

(d)

(Abaye): We can infer that Rav Yehudah holds that Giluy Da'as does not cancel a Get.

1.

Rav Yehudah forced the son-in-law of R. Yirmeyah Bira'ah to divorce his wife. The man cancelled the Get. He forced him again and again, and he cancelled it each time.

2.

The last time, he told the Sheluchim to stuff gourds in their ears (so they will not hear him cancel it).

i.

Even though they see him pursuing them to cancel it, the Get is valid!

(e)

Rejection (Rava): (This is not a Giluy Da'as.) It is not clear why he runs. Perhaps he wants them to give it quickly!

(f)

(Abaye): We can infer that Shmuel holds that Giluy Da'as does not cancel a Get.

1.

A man told his wife 'this Get should take effect if I do not return in 30 days.'

2.

The man was returning; the ferry to cross the river was not available. He shouted 'see, I am returning!'

3.

Shmuel: This is not called returning. The Get takes effect.

(g)

Rejection (Rava): The man did not intend to cancel the Get. He intended to fulfill his Tanai (stipulation, which would prevent the Get from taking effect), but he failed.

(h)

A man told his Arusah 'this Get should take effect if I do not make Nisu'in within 30 days.'

1.

On day 30, the man exclaimed 'I exerted to make the Nisu'in (but I was unable)!'

(i)

Question: Is there any reason to say that she is not divorced?

1.

Suggestion: He was Anus (factors beyond his control prevented him from fulfilling his Tanai).

2.

Rejection: Ones does not invalidate a Get!

3.

Suggestion: There was a Giluy Da'as.

4.

Rejection: Abaye and Rava argue about this. (Abaye holds that it does not cancel the Get. And Rava, who says that it does, holds that desire to fulfill the condition does not help.)

(j)

A man told his Arusah 'this Get should take effect if I do not make Nisu'in by Rosh Chodesh Adar.'

1.

When Rosh Chodesh Adar came, he said 'I meant Rosh Chodesh Nisan!'

(k)

Question: Is there any reason to say that she is not divorced?

1.

Suggestion: He was Anus (he erred).

2.

Rejection: Ones does not invalidate a Get!

3.

Suggestion: There was a Giluy Da'as.

4.

Rejection: Abaye and Rava argue about this. (Both agree that such a Giluy Da'as does not help.)

(l)

The Halachah follows Rav Nachman, who permits canceling a Get in front of two people;

(m)

The Halachah follows Rav Nachman, who says that the Halachah follows Rebbi in both cases;

34b----------------------------------------34b

(n)

The Halachah follows Nachmani (Abaye, regarding Giluy Da'as about a Get).

3)

THE ENACTMENT OF NAMES ON THE GET [line 1]

(a)

(Mishnah): At first, one would write on a Get the name he was called in the place the Get was written, even if this was different from his name elsewhere.

(b)

For Tikun ha'Olam, R. Gamliel the elder enacted that they should write 'Ploni and every name that he has; Plonis and every name that she has.' (Tosfos - they write all their names in the Get.)

(c)

(Gemara - Rav Yehudah): Chachamim of Chutz La'aretz asked Chachamim of Eretz Yisrael 'if a man came here from Eretz Yisrael, and in one place he is called Yochanan, and in the other, Yosef, which name should be written on the Get?'

(d)

This prompted R. Gamliel to enact writing 'Ploni and every name that he has; Plonis and every name that she has', for Tikun ha'Olam.

(e)

(Rav Ashi): This applies only when he is known by both names.

(f)

Support #1 (R. Aba): R. Mari and R. Elazar hold like you.

(g)

Support #2 (Beraisa): If a man had two wives, one in Yehudah, one in Galil, and he is called different names in Yehudah and Galil:

1.

If he divorces the wife in Yehudah with the name he uses in Yehudah, and the wife in Galil with his Galil name, they are not divorced;

i.

He must divorce the Yehudah wife with his Yehudah name and his Galil name; he must divorce the Galil wife with his Galil name and his Yehudah name.

2.

If he went to a different place and divorced with either name, she is divorced.

3.

Question: We said that he must also write his other name!

4.

Answer: That is only in a place where he is known to have both names.

(h)

There was a woman who was called Miryam. A minority of people called her Sarah.

(i)

Chachamim of Neharde'a: Her Get must say 'Miryam and every name that she has', not 'Sarah and every name that she has,'

4)

WE DO NOT LET WIDOWS SWEAR [line 27]

(a)

(Mishnah): A widow collects her Kesuvah from orphans' property only by swearing (that she did not already receive her Kesuvah).

(b)

Judges refrained from administering the oath. R. Gamliel enacted that she should vow like the orphans desire (something very hard to fulfill, e.g. to forbid to herself all solid food if she already received her Kesuvah) and then collect.

(c)

Witnesses sign a Get. This is an enactment for Tikun ha'Olam.

(d)

Pruzbul is an enactment for Tikun ha'Olam.

(e)

(Gemara) Question: Anyone must swear before collecting from the property of orphans! Why does the Mishnah specify a widow?

(f)

Answer: It needs to teach about a widow;

1.

One might have thought that Chachamim would allow a widow to collect without swearing, to encourage marriage. The Mishnah teaches that this is not so.