12th CYCLE DEDICATION
GITIN 83 - Ari Kornfeld has generously sponsored the Dafyomi publications for thIs Daf for the benefit of Klal Yisrael.

1)RETRACTION

(a)Question #2: If you will say that he permitted (even) the one s he initially forbade, if he retracted and said only 'to Reuven', what is the law?

1.Does he permit her to Reuven, and also to Shimon? (For conciseness, he said only the first one .)

2.Or, perhaps he permits her only to Reuven, but not to Shimon?

(b)Question #3: If he permits her only to Reuven, if he retracted and said only 'to Shimon' what is the law?

1.Does he permit her to Shimon, and also to Reuven? (For conciseness, he said only the last one he mentioned.)

2.Or, perhaps he permits her only to Shimon, but not to Reuven?

(c)Question (Rav Ashi): If he said 'even to Shimon', what is the law?

1.Does he mean 'not only to Reuven, rather, even to Shimon?'

2.Or, does he mean 'not only to all other men (to whom he permitted her the first time), rather, even to Shimon'?

(d)These questions are unresolved.

2)QUESTIONS AGAINST R. ELIEZER

(a)(Beraisa): After R. Eliezer died, four Tana'im challenged his position.

(b)Question #1 (R. Tarfon): If Leah was divorced on condition that she not marry Levi, and she married Levi's brother Reuven, if Reuven dies without children, Yibum is uprooted! (If she would do Yibum, this would uproot the marriage to Reuven, and hence the Yibum is also uprooted.)

1.This shows that such a divorce is Pasul.

(c)Question #2 (R. Yosi ha'Glili): We never find that what is permitted to some is forbidden to others. What is permitted is permitted to all, and what is forbidden is forbidden to all!

1.This shows that such a divorce is Pasul.

(d)Question #3 (R. Elazar ben Azaryah): "Krisus" is something that is Kores (severs) between them. This divorce is not Krisus!

(e)Question #4 (R. Akiva): If Leah was divorced on condition that she not marry Levi, and she married David, had children from him, and then married Levi after David died or divorced her, this would uproot her marriage to David, and her children from David are Mamzerim;

1.This shows that (the first) divorce is Pasul.

(f)Question #5 (R. Akiva): Also, if Reuven divorced Leah except for Pinchas (a Kohen), and then Reuven died, she is a divorcee regarding all other men, but only a widow regarding Pinchas. (Nevertheless she is forbidden to him. We expounded above that even if she was permitted to only one man, or divorced only from her husband, she is forbidden to Kohanim!)

1.The Isur of a divorcee to a Kohen is light (only a Lav), still she is forbidden to Pinchas because she is a divorcee regarding other men;

2.All the more so, regarding the severe Isur of Eshes Ish (a married woman), she should be considered an Eshes Ish to all men (until Reuven dies) because she is an Eshes Ish regarding Pinchas!

i.This shows that such a divorce is invalid.

(g)(R. Yehoshua): You cannot refute the lion (R. Eliezer) after his death.

(h)(Rava): One can dispel all the questions, except for R. Elazar ben Azaryah's question.

1.Support (Beraisa - R. Yosi): R. Elazar ben Azaryah asked the best question.

(i)(Beraisa - R. Tarfon): If David divorced Leah without permitting her to Levi, and she married Levi's brother Reuven, if Reuven would die without children, David uprooted a matter (Yibum) from the Torah!

(j)Objection: David did not uproot anything!

(k)Answer: Rather, he stipulated to uproot a matter from the Torah.

(l)Objection: He did not stipulate that she must marry Levi's brother!

(m)Answer: Rather, he caused it to be uprooted.

(n)Objection: If so, one (Moshe) should not be able to marry his brother's daughter, lest Moshe die without children, and Yibum will be uprooted (since the Yavam is the widow's father)!

1.This dispels R. Tarfon's question.

(o)Question: Did R. Tarfon understand that R. Eliezer discusses 'except' or 'on condition that'?

1.Suggestion: He discusses 'except'.

2.Rejection: R. Eliezer says that in such a case, she is permitted to Levi after Reuven dies!

i.(Beraisa): R. Eliezer agrees that if one divorced his wife and said 'you are permitted to all men except Levi', and then she married another man and was widowed or divorced, she is permitted to Levi.

(p)Answer: Rather, he understood that R. Eliezer discusses 'on condition that.'

3)THE OTHER QUESTIONS

(a)(Beraisa - R. Yosi ha'Glili): We never find that what is permitted to some is forbidden to others. Rather, what is permitted, is permitted to all, and what is forbidden, is forbidden to all!

(b)Question: Terumah is forbidden (only) to non-Kohanim. Kodshim are forbidden to Tamei people!

(c)Answer: R. Yosi ha'Glili refers to Isurim of a woman.

(d)Question: The incestuous relationships only apply to relatives, they are permitted to others!

(e)Answer: He refers to Isurim that come through Kidushin.

(f)Objection: A married woman is permitted to her husband and forbidden to all others!

1.This dispels R. Yosi ha'Glili's question.

(g)Question: Did R. Yosi ha'Glili understand that R. Eliezer discusses 'except' or 'on condition that'?

1.Suggestion: He discusses 'on condition that.'

2.Rejection: If so, she is indeed permitted to all (there was no stipulation about Bi'as Zenus with Levi, only marriage)!

(h)Answer: Rather, he understood that R. Eliezer discusses 'except'.

(i)(Beraisa - R. Akiva): If Leah was divorced on condition that she not marry Levi, and she married David, had children from him, and then married Levi after David died or divorced her, this would uproot her marriage to David, and her children from David would be Mamzerim;

(j)Question: The same applies to any Get given on condition. She should not remarry, lest she not fulfill the Tanai, and this will uproot the Get and her second marriage, and the children will be Mamzerim!

1.This dispels R. Akiva's question.

(k)Question: Did R. Akiva understand that R. Eliezer discusses 'except' or 'on condition that'?

1.Suggestion: He discusses 'except'.

2.Rejection: In such a case, R. Eliezer permits her to Levi after Reuven dies!

i.(Beraisa): R. Eliezer admits that if one divorced his wife and said 'you are permitted to all men except Levi', and then she married another man and was widowed or divorced, she is permitted to Levi.

(l)Answer: Rather, he understood that R. Eliezer discusses 'on condition that.'

(m)(Beraisa - R. Akiva): Also, if Reuven divorced Leah except for Pinchas, and then Reuven died, she is a divorcee regarding all other men, but only a widow regarding Pinchas. (Nevertheless she is forbidden to him. We expounded above that even if she was permitted to only one man, or divorced only from her husband, she is forbidden to Kohanim!)

1.The Isur of a divorcee to a Kohen is light, yet she is forbidden to Pinchas because she is a divorcee regarding other men. All the more so, regarding the severe Isur of Eshes Ish, she is an Eshes Ish to all men because she is an Eshes Ish regarding Pinchas!

(n)Question: Does this assume that R. Eliezer discusses 'except' or 'on condition that'?

1.Suggestion: He discusses 'on condition that.'

2.Rejection: If so, regarding Bi'as Zenus she is indeed divorced with respect to Levi (so there is no Kal va'Chomer)!

83b----------------------------------------83b

(o)Answer: Rather, R. Eliezer discusses 'except'.

(p)Question: R. Akiva contradicts himself! If he holds that R. Eliezer discusses 'except', he should ask only about that! If he holds that R. Eliezer discusses 'on condition that', he should ask about that!

(q)Answer: R. Akiva heard different opinions about in which case R. Eliezer said his law. He asked a question according to each version.

(r)Question: How can his second question be dispelled?

1.Suggestion: Perhaps the Isur of a divorcee to a Kohen is different than other Isurim.

2.Rejection: R. Eliezer learns from a Kohen's Isur to a divorcee. He must hold that it is no different!

(s)Answer: Rava (who said that one can dispel all questions except for R. Elazar ben Azaryah's) holds like R. Yanai (that R. Eliezer learns from "and she will be (Mekudeshes) to a man").

4)THE UNANSWERED QUESTIONS

(a)(Beraisa - R. Yehoshua): You cannot refute R. Eliezer after his death.

(b)Question: This implies that R. Yehoshua holds like R. Eliezer. R. Yehoshua also asked a question!

(c)Answer: Even though also he had a question, he exhorted them not to think that R. Eliezer is refuted.

(d)(Beraisa - R. Yehoshua): The Torah equates a woman's situation before her first marriage to her situation before her second marriage;

1.Just like before her first marriage, she is not tied to anyone, also before her second marriage.

(e)(Beraisa): R. Eliezer admits that if a man divorces his wife and says 'you are permitted to all men except Levi', and then she married another man and was widowed or divorced, she is permitted to Levi.

(f)Question (R. Shimon ben Elazar): We never find that one can permit an Isur that someone else made!

1.Question: We do find this! A Yavam can do Chalitzah, permitting the Isur of the dead brother!

2.Answer: There, the Isur (for a Yevamah to marry a stranger) is due to the Yavam himself. The Isur due to the dead brother was permitted.

3.Question: A Chacham can permit someone else's vow!

4.Answer: R. Yochanan taught that a Chacham permits only through the regret of the one who vowed.

5.Question: A man can annul his wife's vows!

6.Answer: R. Pinchas taught that a woman vows only on condition that her husband wants the vow.

(g)(Beraisa - R. Elazar ben Azaryah): "Krisus" is something that severs between them. If she is like Moshe's wife regarding Levi, this is not Krisus!

(h)Question: The other Tana'im did not ask this. What do they learn from "Krisus"?

(i)Answer (Beraisa): If one said 'this is your Get on condition that you never drink wine', or 'that you will never go to your father's house', the Get is Pasul, since this is not Krisus;

1.If the Tanai was for 30 days, this is Krisus.

2.R. Elazar ben Azaryah learns also this. Since it says "Krisus", not 'Kares', two laws may be learned.

3.The other Tana'im hold that the plural form warrants learning another law.

5)WHICH TANAYIM ARE KERISUS?

(a)(Rava): If one said 'this is your Get on condition that you do not drink wine for the rest of my life', this is not Krisus. If he said 'the rest of Ploni's life', this is Krisus.

(b)Question: What is the difference?

1.If he said 'the rest of Ploni's life', it is Krisus, for Ploni may die, and the Tanai will be over. The same applies to 'the rest of my life'!

(c)Correction (Rava): Rather, 'this is your Get on condition that you do not drink wine for the rest of your life' is not Krisus. 'The rest of my life or Ploni's life' is Krisus.

(d)Question (Rava): (If one gave a Get, and said) 'today you are not my wife. Tomorrow you are my wife', what is the law?

1.We can ask according to R. Eliezer, and according to Chachamim.

2.R. Eliezer said that partial divorce works only when she is permanently divorced to some, and permanently permitted to everyone else;

i.(Here, this is not true.) Perhaps this Get is Pasul.

3.Chachamim said that divorce does not work only when she was never totally severed from her husband, even for a moment;

i.Here, once she is severed, perhaps she is forever divorced!

(e)Answer (Rava): Presumably, once she is severed, she is forever severed, according to all.

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