GITIN 29 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
 

12th CYCLE DEDICATION
GITIN 29 (8 Av) - Dedicated in honor of the second Yahrzeit of Mrs. Lily (Leah bas Pinchas) Kornfeld, a holocaust survivor who met all of life's challenges with courage and fortitude, by her daughter and son-in-law Diane and Andy Koenigsberg and family.

1)

(a)In the second Lashon, Rav Yosef restricts our Mishnah to a Beis-Din Shel Akum. It is only there that we give someone who is being taken out to be killed a Chezkas Chayim. Why is that?

(b)Why will we not do so in the case of Beis-Din Shel Yisrael?

(c)Why is there no proof for Rav Yosef from the Beraisa of 'Bore'ach', where we put the sentenced man to death on the testimony of the witnesses, and do not contend with the possibility that he may have been acquitted?

1)

(a)In the second Lashon, Rav Yosef restricts our Mishnah to a Beis-Din Shel Akum. It is only there that we give someone who is being taken out to be killed a Chezkas Chayim because Nochrim are prone to take bribes (even after the death-sentence has been passed).

(b)We will not do so in the case of Beis-Din Shel Yisrael however because even though it is possible for Beis-Din to acquit someone who has already received the death-sentence, it is so rare for this to happen that we do not contend with it.

(c)There is no proof for Rav Yosef from the Beraisa of 'Bore'ach', where we put the sentenced man to death on the testimony of the witnesses, and do not contend with the possibility that he may have been acquitted because 'Bore'ach' might well be different, as we explained earlier.

2)

(a)Our Mishnah permits a Shali'ach ha'Get in Eretz Yisrael who becomes sick, to appoint another Shali'ach in his place. Must this be done in Beis-Din?

(b)Why will the Halachah differ in the event that the husband asked the Shali'ach to take a specific object from his wife when handing her the Get?

(c)Should the Shali'ach nevertheless appoint another Shali'ach, in this latter case), will the Get be valid?

(d)Is the Shali'ach permitted to appoint another Shali'ach to take the Get to the Meshale'ach's wife ...

1. ... even if he is not sick?

2. ... in the case of other Onsin besides sickness?

2)

(a)Our Mishnah permits a Shali'ach ha'Get in Eretz Yisrael who becomes sick, to appoint another Shali'ach in his place even outside of Beis-Din.

(b)The Halachah will differ in the event that the husband asked the Shali'ach to take a specific object from his wife when handing her the Get because of the principle 'Ein Retzoni she'Yehei Pikdoni b'Yad Acher' (the assumption that the owner of an object who asks one person to look after it, expects him to do so and nobody else). Consequently, the original Shali'ach will not have the authority to appoint a Shali'ach in his place.

(c)Should the Shali'ach appoint another Shali'ach, in this latter case) the Get will nevertheless be valid, since the Shelichus of the Get and that of the object are not interdependent (as we shall see shortly).

(d)The Shali'ach is ...

1. ... not permitted to appoint another Shali'ach to take the Get to the Meshale'ach's wife unless he is sick, explains Rav Kahana (because the Tana means exactly what he said, and is not just stating the norm.). He is however ...

2. ... permitted to appoint another Shali'ach in the case of other Onsin.

3)

(a)What distinction does the Tana Kama of a Beraisa make between a Shali'ach ha'Get to whom the Meshale'ach said 'Holech Get Zeh l'Ishti' and one to whom he said 'At(ah) Holech ... '?

(b)What does Raban Shimon ben Gamliel say?

(c)Assuming that Raban Shimon ben Gamliel forbids the Shali'ach to a appoint a Shali'ach under any circumstances, and the author of our Mishnah is the Rabanan, the Beraisa might be speaking when the Shali'ach became sick, and that is when they permit 'Holech' (but not 'At[ah] Holech'), and that is also the case in our Mishnah. How else might we explain the correlate the Mishnah with the Beraisa?

(d)Assuming that the author of our Mishnah is Raban Shimon ben Gamliel, how will we then establish ...

1. ... Raban Shimon ben Gamliel in the Beraisa and in the Mishnah?

2. ... the Rabanan in the Beraisa?

3)

(a)The Tana Kama of a Beraisa draws a distinction between a Shali'ach ha'Get to whom the Meshale'ach said 'Holech Get Zeh l'Ishti' and one to whom he said 'At(ah) Holech ... ' permitting the former to appoint a Shali'ach, but not the latter.

(b)Raban Shimon ben Gamliel says simply 'Ein Shali'ach Oseh Shali'ach'.

(c)Assuming that Raban Shimon ben Gamliel forbids the Shali'ach to a appoint a Shali'ach under any circumstances, and the author of our Mishnah is the Rabanan, the Beraisa might be speaking when the Shali'ach became sick, and that is when they permit 'Holech' (but not 'At[ah] Holech'), and that is also the case in our Mishnah. Alternatively the Beraisa might be speaking when the Shali'ach did not become sick, but when he did, they will permit even 'At(ah) Holech', and that is also the case in our Mishnah.

(d)Assuming that the author of our Mishnah is Raban Shimon ben Gamliel, we will establish ...

1. ... Raban Shimon ben Gamliel in the Beraisa when the Shali'ach is not sick, and in the Mishnah, when he is.

2. ... the Rabanan in the Beraisa when the Shali'ach is not sick, but when he is, even if the Meshale'ach said 'Holech At', he may appoint a Shali'ach.

4)

(a)What does the Mishnah later in 'ha'Omer' state about someone who asks two people to give a Get (as yet unwritten) to his wife, or three people to write and give it to her? What can we extrapolate from there?

(b)How do we reconcile this with our Mishnah, which permits the Shali'ach to appoint a Shali'ach (even when he is not sick, according to one of the previous opinions)?

4)

(a)The Mishnah later in 'ha'Omer' states that if someone asks two people to give a Get (as yet unwritten) to his wife or three people to write and give it to her they are obligated to write the Get and hand it to his wife, implying that only they must do it and nobody else.

(b)We reconcile this with our Mishnah, which permits the Shali'ach to appoint a Shali'ach (even when he is not sick, according to one of the previous opinions) by attributing the Mishnah in 'ha'Omer' to the husband's embarrassment at not knowing how to write the Get himself (a reason which does not apply here).

5)

(a)According to Rava, the Mishnah in 'ha'Omer' is different because it is 'Mili'. What does this mean? So what if it is?

(b)What are the ramifications of the Machlokes between Abaye and Rava? What difference does it make whether the reason of the Mishnah in 'ha'Omer' is because of 'Bizayon d'Ba'al' or because 'Mili Lo Mimseri li'Shali'ach'?

(c)In fact, the Machlokes between Abaye and Rava is not a new Machlokes. Who has already argued over the same point before?

5)

(a)According to Rava, the Mishnah in 'ha'Omer' is different because it is 'Mili' words (since he is not Makneh anything tangible to the Shali'ach [such as a Shtar] in making him a Shali'ach); and words are not something that one Shali'ach can hand to another.

(b)The ramifications of the Machlokes between Abaye and Rava are in a case where a Shali'ach brings a Shtar Matanah, which on the one hand is 'Mili' (and which one Shali'ach can therefore not hand over to another), but on the other, the onus of writing it lies with the recipient (in which case, there is no reason for the Meshale'ach to be embarrassed).

(c)In fact, the Machlokes between Abaye and Rava is not a new Machlokes since Rav and Shmuel have already argued over the same point before; Rav holds 'Matanah Einah k'Get' (like Abaye), whereas Shmuel says 'Matanah k'Get' (like Rava).

6)

(a)We learned in our Mishnah that if the Meshale'ach instructed the Shali'ach to take a certain object from his wife, he is not permitted to appoint another Shali'ach. What important (dual) principle is Rebbi teaching us here, according to Reish Lakish?

(b)On what grounds does Rebbi Yochanan disagree with Reish Lakish's interpretation of 'Lo Yeshalchenu b'Yad Acher'?

(c)So how does he interpret it?

6)

(a)We learned in our Mishnah that if the Meshale'ach instructed the Shali'ach to take a certain object from his wife, he is not permitted to appoint another Shali'ach. The important (dual) principle that Rebbi is coming to teach us here, according to Reish Lakish is that 'Ein ha'Sho'El Rashai Lehash'il, v'Ein ha'Socher Rashai Lehaskir'.

(b)Rebbi Yochanan disagrees with Reish Lakish's interpretation of 'Lo Yeshalchenu b'Yad Acher' on the grounds that every child knows that 'Ein ha'Sho'El Rashai Lehash'il ... '.

(c)So he interprets it to mean that sometimes the Shelichus (and therefore the Get) becomes invalid too.

7)

(a)When does Rebbi Yochanan hold ...

1. ... that the Get is nevertheless valid (like Reish Lakish)?

2. ... that it is not (as if the Meshale'ach would have instructed the Shali'ach to hand her the Get in the house, and he went and handed it to her in the attic)?

(b)In this latter case (the case over which they are arguing), is there any difference between the original Shali'ach and the Shali'ach whom he appointed, according to ...

1. ... Rebbi Yochanan?

2. ... Reish Lakish? What is Reish Lakish's reason?

7)

(a)Rebbi Yochanan holds ...

1. ... that the Get is nevertheless valid (like Reish Lakish) there where the woman actually handed the second Shali'ach the object before receiving her Get from him (in which case it will make no difference what the husband had said).

2. ... that it is not (as if the Meshale'ach had instructed the Shali'ach to hand her the Get in the house, and he went and handed it to her in the attic) there where the husband specifically instructed the first Shali'ach to take the object first, and the second Shali'ach reversed the order, taking the object only after handing her the Get.

(b)In this latter case (the case about which they argue), there is in fact, no difference between the original Shali'ach and the Shali'ach whom he appointed, neither according to ...

1. ... Rebbi Yochanan, nor according to ...

2. ... Reish Lakish whose reason is because people are generally not particular about such irrelevant matters.

29b----------------------------------------29b

8)

(a)Why does the Din of a Shali'ach who is delivering a Get from Chutz la'Aretz differ from one who is delivering it in Eretz Yisrael, with regard to appointing another Shali'ach?

(b)Who then makes the declaration?

(c)What does the second Shali'ach then say when he hands the woman the Get?

8)

(a)The Din of a Shali'ach who is delivering a Get from Chutz la'Aretz differs from one who is delivering it in Eretz Yisrael with regard to appointing another Shali'ach inasmuch as the former is obligated to declare 'b'Fanai Nichtav ... ' in front of a Beis-Din.

(b)The original Shali'ach makes the declaration, as he hands it to the second Shali'ach in front of Beis-Din.

(c)Upon handing the woman the Get, the second Shali'ach merely states that he is a Shali'ach Beis-Din (and we assume that the first Beis-Din ensured that the handing over was done properly).

9)

(a)What did ...

1. ... Avimi the son of Rebbi Avahu extrapolate (in response to the Rabanan's She'eilah) from the fact that our Mishnah says 'Ein ha'Shali'ach Acharon Tzarich she'Yomar b'Fanai Nichtav ... ', rather than 'ha'Sheni'?

2. ... the Rabanan extrapolate (in response to Avimi's version of the She'eilah) from the Seifa of the Mishnah 'Ela Omer Shali'ach Beis-Din Ani'?

(b)According to Rav Nachman bar Yitzchak, the Rabanan asked Avimi whether a second Shali'ach who appoints a third Shali'ach requires Beis-Din or not. What did Avimi reply?

(c)The Rabanan answered this from the Lashon 'Acharon' used by the Tana in our Mishnah (like Avimi answered them in the first Lashon). How did Avimi then resolve their She'eilah?

9)

(a)

1. ... Avimi the son of Rebbi Avahu extrapolated (in response to the Rabanan's She'eilah) from the fact that our Mishnah says 'Ein ha'Shali'ach Acharon Tzarich she'Yomar b'Fanai Nichtav ... ', rather than 'ha'Sheni' that the second Shali'ach is permitted to appoint a third one (and so on ad infinitum).

2. ... the Rabanan extrapolate (in response to Avimi's version of the She'eilah) from the Seifa of the Mishnah 'Ela Omer Shali'ach Beis-Din Ani' that the third Shali'ach is then obligated to state that he is Shali'ach Beis-Din.

(b)According to Rav Nachman bar Yitzchak, the Rabanan asked Avimi whether a second Shali'ach who appoints a third Shali'ach requires a Beis-Din or not to which Avimi replied 'Why don't you first ask whether or not, the second Shali'ach can appoint a third one'

(c)The Rabanan answered him from the Lashon 'Acharon' used by the Tana in our Mishnah (like he answered them in the first Lashon). Avimi then resolved their She'eilah from 'Ela Omer Shali'ach Beis-Din Ani' (like they answered him in the first Lashon).

10)

(a)What does Rava rule with regard to a second Shali'ach appointing a third Shali'ach ...

1. ... in Eretz Yisrael?

2. ... not in front of Beis-Din?

(b)What did Mar bar Rav Ashi say about his father's ruling, that the moment the first Shali'ach dies, all the other Shelichus becomes nullified?

(c)According to Mar bar Rav Ashi, on what condition will the entire Shelichus become Batel?

10)

(a)Rava ...

1. ... permits the second Shali'ach to appoint a third Shali'ach in Eretz Yisrael ...

2. ... even not in front of Beis-Din (see Tosfos Rid DH 'Amar Rava').

(b)Mar bar Rav Ashi said about his father's ruling (that the moment the first Shali'ach dies, all the other Shelichus become nullified) that, due to its inaccuracy, he must have said it in his youth, because the subsequent Shelichus depends (not on that of the first Shali'ach, but) on the life of the husband.

(c)According to Mar bar Rav Ashi therefore, the entire Shelichus will become Batel only in the event that the husband dies.

11)

(a)What did a certain husband say to a prospective Shali'ach, who initially declined to accept the Shelichus on the grounds that he would not be able to recognize the Meshale'ach's wife?

(b)The Shali'ach did not find Aba bar Minyumi, but he did find Rebbi Avahu, Rebbi Chanina bar Papa and Rebbi Yitzchak Nafcha. What did they suggest?

(c)Rava was full of praise for the young Rav Safra, who was sitting with them at the time, and whose comment stumped them. What did he comment?

(d)Rav Ashi however, later disagreed with Rava. On what grounds does Rav Ashi refute Rav Safra's statement?

11)

(a)When a prospective Shali'ach initially declined to accept the Shelichus on the grounds that he would not be able to recognize the Meshale'ach's wife the Meshale'ach instructed him to give the Get to Aba bar Minyumi, who would.

(b)The Shali'ach did not find Aba bar Minyumi, but he did find Rebbi Avahu, Rebbi Chanina bar Papa and Rebbi Yitzchak Nafcha who suggested that he declare 'be'Fanai Nichtav ... ' and hand the Get to them, and they in turn, would hand it to Aba bar Minyumi when they saw him next.

(c)Rava was full of praise for the young Rav Safra, who was sitting with them at the time, and whose comment that since the Shali'ach's instructions were to hand the Get to Aba bar Minyumi (and not to his wife), he was not a Shali'ach for Gerushin, in which case he had no authority to hand the Get to anyone else, stumped them.

(d)Rav Ashi however, later disagreed with Rava, on the grounds that the Meshale'ach would not have objected to the Shali'ach handing the Get directly to his wife (on the contrary, that was what he asked to do originally, and he only instructed him to hand it to Aba bar Minyumi when he claimed not to know his wife).

12)

(a)In the second Lashon, Rava and Rav Ashi reverse their opinions. What did ...

1. ... Rava then comment?

2. ... Rav Ashi retort?

(b)What advice did Rava give a certain Shali'ach who was told not to deliver the Get before thirty days, but who knew that he would be unable to fulfill his Shelichus then?

(c)What did Rava reply when the Rabanan queried his idea, seeing as the Shali'ach was not a Shali'ach for Gerushin at that moment?

(d)What was the problem with the thirty day delay?

12)

(a)In the second Lashon, Rava and Rav Ashi reversed their opinions. According to this Lashon, it was ...

1. ... Rava who commented that Rav Safra's victory was in error (seeing as the husband did not object ... ).

2. ... and Rav Ashi who retorted that he was right, because at the end of the day, it was Aba bar Minyumi whom the husband appointed as the Shali'ach, and not the original man.

(b)Rava advised a certain Shali'ach who was told not to deliver the Get before thirty days, but who knew that he would be unable to fulfill his Shelichus then to hand him the Get, seeing as he was an Ones, and he would appoint another Shali'ach after thirty days.

(c)When the Rabanan queried his idea, seeing as the Shali'ach was not a Shali'ach for Gerushin at that moment he replied that this did not matter, seeing as he was an eligible Shali'ach after thirty days.

(d)The problem with the thirty day delay was the strong possibility that the husband would appease his wife and would subsequently be intimate with her before the Get had been delivered, rendering this a Get Yashan.

13)

(a)The above problem is based on a Mishnah in 'Mi she'Ochzo', 'me'Achshav im Lo Ba'asi mi'Ka'an v'Ad Sh'teim-Esrei Chodesh, u'Mes b'Soch Sh'teim-Esrei Chodesh, Harei Zeh Get'. Why are we not afraid there that the husband appeased his wife and was intimate with her, rendering the Get a Get Yashan?

(b)Why do we not suspect by every Shali'ach that by the time the Shali'ach arrives at his destination, the husband may have appeased his wife?

(c)Rava was embarrassed by the Rabanan's Kashya (regarding Get Yashan). What did he not initially know that ultimately vindicated him?

(d)Rava asks whether, when the second Shali'ach appoints a third one, it must be in the presence of the first Shali'ach or not. His own resolution conformed with 'Shalchu mi'Tam'. How did Shalchu mi'Tam resolve the She'eilah?

13)

(a)The above problem is based on a Mishnah in 'Mi she'Ochzo' 'me'Achshav im Lo Ba'asi mi'Ka'an v'Ad Sh'teim-Esrei Chodesh, u'Mes b'Soch Sh'teim-Esrei Chodesh, Harei Zeh Get'. We are not afraid there that the husband appeased his wife and was intimate with her, rendering the Get a Get Yashan because, as Rabah bar Rav Huna explained in the name of ... Rav, the Tana speaks when the husband stipulated that his wife was to be believed to say that they had not been intimate, which she did.

(b)We do not suspect by every Shali'ach that by the time the Shali'ach arrives at his destination, the husband may have appeased his wife because there, since he did not fix a time period, he will always think that the Shali'ach arrived there before him.

(c)Rava was embarrassed by the Rabanan's Kashya (regarding Get Yashan). What he did not initially know however, was that the couple were not married, only engaged, and that the suspicion of Get Yashan was therefore not practical.

(d)Rava asks whether, when the second Shali'ach appoints a third one, it must be in the presence of the first Shali'ach or not. His own resolution conformed with 'Shalchu mi'Tam' who ruled 'Bein b'Fanav, Bein she'Lo b'Fanav'.

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