12th CYCLE DEDICATION
GITIN 60 (9 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 9 Elul and 10 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.

1)

(a)What did the B'nei Galil mean when they asked Rebbi Chelbo 'Achareihen Mi'?

(b)Rebbi Chelbo did not know the answer. To whom did he take the She'eilah?

(c)Rebbi Yitzchak Nafcha gave a list of five orders of priority. The first two are Talmidei-Chachamim who have been appointed over the Tzibur and Talmidei-Chachamim who are fit to be appointed over the Tzibur (even though their appointment has not yet been made). What requirements must a Talmid-Chacham possess to be appointed over the Tzibur?

(d)If the last item on the priorities list is the rest of the people, who are numbers three and four?

1)

(a)When the Bnei Galil asked Rebbi Chelbo 'Achareihen Mi', they meant whether, once the Kohen and Levi have been called up, the remaining five Aliyos follow any order of priority.

(b)Rebbi Chelbo did not know the answer so he took the She'eilah to Rebbi Yitzchak Nafcha.

(c)Rebbi Yitzchak Nafcha gave them a list of five orders of priority. The first two are Talmidei-Chachamim who have been appointed over the Tzibur who must be able to answer any She'eilah in Halachah that he is asked.

(d)The last item on the priorities list is the regular members of the community. Numbers three and four are the sons of Talmidei-Chachamim who have been appointed over the Tzibur and the leaders of the community (respectively).

2)

(a)The B'nei Galil asked Rebbi Chelbo whether one is permitted to Lein from a Chumash. What is a 'Chumash'?

(b)What answer did they receive from ...

1. ... Rebbi Chelbo?

2. ... Yitzchak Nafcha?

(c)On what grounds do we reject the proof of the B'nei Beis-Hamedrash from Rebbi Shmuel bar Nachmeini Amar Rebbi Yonasan, who disqualified a Seifer-Torah with one section missing (that Leining from a Chumash should be Pasul too)? What is a Chumash?

(d)On what basis did Rabah and Rav Yosef finally rule that Leining from a Chumash is forbidden?

2)

(a)The Bnei Galil asked Rebbi Chelbo whether one is permitted to Lein from a Chumash (a scroll consisting of one of the five Books of the Torah).

(b)Neither ...

1. ... Rebbi Chelbo ...

2. ... nor Rebbi Yitzchak Nafcha knew the answer.

(c)We reject the proof of the b'nei Beis-ha'Midrash from Rebbi Shmuel bar Nachmani Amar Rebbi Yonasan who disqualified a Sefer-Torah with one section missing (that Leining from a Chumash should be Pasul too) on the grounds that a Chumash is at least complete (and may well be Kosher).

(d)Rabah and Rav Yosef finally ruled that Leining from a Chumash is forbidden on the basis of Kavod ha'Tzibur.

3)

(a)On what grounds ...

1. ... did Rabah and Rav Yosef forbid Leining from a book of Haftaros on Shabbos?

2. ... did Mar bar Rav Ashi forbid even handling it?

3. ... do we reject both stringencies?

(b)We took our cue from Rebbi Yochanan and Resh Lakish. What leniency did Rebbi Yochanan and Resh Lakish practice with regard to Sifrei Agadah?

(c)On which Pasuk in Tehilim did they base it?

3)

(a)The reason that ...

1. ... Rabah and Rav Yosef forbade Leining from a book of Haftaros on Shabbos, is because, in their opinion, it should not have been written in the first place.

2. ... Mar bar Rav Ashi forbade even handling it is because it is forbidden to Lein from it.

3. ... we reject both rulings is because Chazal permitted both writing and reading such a Sefer, since it is impossible to do without it.

(b)We took our cue from Rebbi Yochanan and Reish Lakish who used to learn from Sifrei Agadah (even though the Torah forbids writing the oral Torah).

(c)And they based this lenient ruling on the Pasuk in Tehilim "Eis La'asos la'Hashem Heiferu Torasecha",

4)

(a)Abaye asked Rabah about writing a Parshah or two on a piece of parchment for children to learn from. Why might this be ...

1. ... forbidden, even according to those who maintain that the Torah was written piece by piece as it was told to Moshe?

2. ... permitted, even according to those who maintain that the Torah was written altogether at the end?

(b)Rabah replied 'Ein Kosvin' (see the Mesores ha'Shas). How will he explain the Beraisa ...

1. ... which describes how Hilni ha'Malkah made a tableau of gold on which the Parshah of Sotah was written (from which they copied for the use of the Sotos who were brought to the Beis Hamikdash)?

2. ... which, with reference to the same tableau, explains that they wrote on it "Im Shachav", "ve'Im Lo Shachav"?

(c)Abaye's She'eilah is actually a Machlokes Tana'im. The Tana Kama categorically forbids it. What does Rebbi Yehudah say?

4)

(a)Abaye asked Rabah about writing a Parshah or two on a piece of parchment for children to learn from. This might be ...

1. ... forbidden, even according to those who maintain that the Torah was written piece by piece as it was told to Moshe because that was only before the Torah was completed, but once it was completed in the fortieth year in the desert, it became forbidden to write any one section on its own.

2. ... permitted, even according to those who maintain that the Torah was written altogether at the end because since it is impossible to write a whole Sefer for every child, Chazal permitted it.

(b)Rabah replied 'Ein Kosvin' (see the Mesores ha'Shas). According to him, the Beraisa ...

1. ... which describes how Hilni ha'Malkah made a tableau of gold on which the Parshah of Sotah was written (from which they copied for the use of the Sotos who were brought to the Beis ha'Mikdash) is referring, not to the entire Parshas Sotah, but to the first letters of each word (in the form of an acronym).

2. ... which, with reference to the same tableau, explains that they wrote on it "Im Shachav", "v'Im Lo Shachav" refers only to the first words in each Pasuk, but the rest of the Pasuk, they wrote in acronym form.

(c)Abaye's She'eilah is actually a Machlokes Tana'im. The Tana Kama categorically forbids it. Rebbi Yehudah permits writing, for example, from Bereishis until the Flood, and from Vayikra until Parshas Shemini (because they are complete topics).

5)

(a)What does ...

1. ... Rebbi Yochanan in the name of Rebbi Ban'ah learn from the Pasuk in Tehilim "Az Amarti Hinei Ba'si bi'Megilas Sefer Kasuv Alai"?

2. ... Resh Lakish learn from the Pasuk in Vayeilech "Lako'ach es Sefer ha'Torah ha'Zos"?

(b)What was David ha'Melech referring to in the Pasuk in Tehilim? Whereabouts are his merits hinted in the Torah?

(c)What is the connection between the daughters of Lot and David Hamelech?

(d)How will ...

1. ... Rebbi Yochanan explain the Pasuk "Lako'ach es Sefer ha'Torah ha'Zos"?

2. ... Resh Lakish explain the Pasuk - "Az Amarti Hinei Ba'si bi'Megilas Sefer Kasuv Alai" (based on the Pasuk in Zecharyah "Vayomer Eilai Mah Atah Ro'eh, va'Omar, Ani Ro'eh Megilah Afah")?

5)

(a)What ...

1. ... Rebbi Yochanan in the name of Rebbi Ban'ah learns from the Pasuk in Tehilim "Az Amarti Hinei Ba'si bi'Megilas Sefer Kasuv Alai" is that one is permitted to write the Torah topic by topic (like Rebbi Yehudah).

2. ... Reish Lakish learns from the Pasuk in Veyeilech "Lako'ach Es Sefer ha'Torah ha'Zos is that one may only write a complete Sefer-Torah, but not topic by topic.

(b)What David ha'Melech was referring to in the Pasuk in Tehilim ("Az Amarti ... ") is the Parshah of the daughters of Lot, who were spared from the destruction of S'dom on his merits, as is hinted in the word "Shtei Benosecha ha'Nimtza'os" (and in Tehilim, it is written "Matzasi David Avdi").

(c)The connection between the daughters of Lot and David ha'Melech is that one of them was the 'mother' of Mo'av, from whom Rus ('mother of David') descended.

(d)According to ...

1. ... Rebbi Yochanan, the Pasuk "Lako'ach Es Sefer ha'Torah ha'Zos" refers to after it was written (but until that time, Moshe wrote it Parshah by Parshah) ...

2. ... whereas according to Reish Lakish, the Pasuk "Az Amarti Hinei Ba'si bi'Megilas Sefer Kasuv Alai" (based on the Pasuk "Vayomer Eilai Mah Atah Ro'eh, va'Omar, Ani Ro'eh Megilah Afah") refers to the whole Torah which (as we see) is sometimes referred to as a Megilah.

6)

(a)According to the second answer, 'Megilah' refers to specific Parshiyos that were written on a specific day. How many Parshiyos? Which day?

(b)Why were they permitted to write these Parshiyos?

(c)Why is the rest of the Torah also referred to as 'Megilah'?

6)

(a)According to the second answer (in Reish Lakish), 'Megilah' refers specifically to the eight Parshiyos that were written on Rosh Chodesh Nisan.

(b)They were permitted to write specifically these Parshiyos because they were all connected with the Mishkan, which had now been built.

(c)The rest of the Torah is also referred to as 'Megilah' because, like those eight Parshiyos, it was not written consecutively (since they would skip over what had already been written).

7)

(a)If ...

1. ... the first of these Parshiyos is Parshas Kohanim (Parshas Emor), what is the second?

2. ... the third of the Parshiyos is Parshas Temei'im, what is the fourth?

3. ... the fifth and the sixth Parshiyos are Acharei-Mos and Shesuyei Yayin, what are the seventh and the eighth?

(b)What is meant by Parshas ...

1. ... Levi'im?

2. ... Temei'im?

(c)With regard to the Parshah of Shilu'ach Temei'im, what is the significance of the rolling up of the Paroches?

(d)Why was it necessary to say/write the Parshah of ...

1. ...Acharei-Mos on that day?

2. ... Parah Adumah on that day? Why could they not prepare it earlier?

7)

(a)If ...

1. ... the first of these Parshiyos is Parshas Kohanim (Parshas Emor), the second is Parshas Leviyim.

2. ... the third of the Parshiyos is Parshas Teme'im, the fourth is Parshas Shilu'ach Teme'im.

3. ... the fifth and the sixth Parshiyos are Acharei-Mos and Shesuyei Yayin, the seventh and the eighth are Parshas Neiros (the Menorah in Beha'aloscha)) and Parshas Parah Adumah.

(b)Parshas ...

1. ... Leviyim refers to their purification in Parshas Beha'aloscha.

2. ... Teme'im to those who were Tamei and therefore unable to bring the Pesach Rishon (also in Beha'aloscha).

(c)With regard to the Parshah of Shilu'ach Teme'im, the significance of the rolling up of the Paroches is that once that took pace, Zavin and Zavos were permitted to enter the Machaneh.

(d)It was necessary to write the Parshah of ...

1. ... Acharei-Mos on that day because it contained the warning not to enter the Kodesh Kodshim.

2. ... Parah Adumah on that day in order to prepare the Parah Adumah (on the second of Nisan) to purify those who needed it in time for Pesach. They could not prepare it earlier because part of the process entails sprinkling it in the direction of the Ohel Mo'ed, which had not yet been built.

60b----------------------------------------60b

8)

(a)What does ...

1. ... Rebbi Elazar learn from the Pasuk in Hoshei'a "Echtov Lo Rubei Torasi K'mo Zar Nechshavu"?

2. ... Rebbi Yochanan learn from the Pasuk in Ki Sisa "Ki al-Pi ha'Devarim he'Eileh Kara'ti Itcha B'ris"?

(b)What is the definition of ...

1. ... 'bi'K'sav'?

2. ... 'be'al-Peh'?

(c)How does ...

1. ... Rebbi Yochanan explain the Pasuk "Echtov Lo Rubei Torasi ... "?

2. ... Rebbi Elazar explain the Pasuk "Ki al-Pi ha'Devarim he'Eileh Kara'ti Itcha B'ris"?

(d)How did Rebbi Yehudah bar Nachmeini, Resh Lakish's translator, reconcile the seemingly contradictory Pesukim "K'sov Lecha es ha'Devarim ha'Eileh" (Ki Sisa), and "Ki al-Pi ha'Devarim ha'Eileh Kara'ti Itcha B'ris ... "?

8)

(a)Rebbi ...

1. ... Elazar learns from the Pasuk in Hoshei'a "Echtov Lo Rubei Torasi K'mo Zar Nechshavu" that the majority of the Torah is contained in the written Torah, and the smaller part in the oral teachings.

2. ... Yochanan learns from the Pasuk in Ki Sisa "Ki Al-Pi ha'Devarim he'Eleh Kara'ti Itcha Bris" that the majority is contained in the oral teachings ... .

(b)The definition of ...

1. ... 'bi'Kesav' in this context is the Halachos that are learned from the thirteen Midos of the Beraisa of Rebbi Yishmael.

2. ... 'be'Al-Peh' Halachah l'Mosheh mi'Sinai.

(c)Rebbi ...

1. ... Yochanan (based on the second half of the Pasuk ["K'mo Zar Nechshavu"]), Yochanan explains the Pasuk "Echtov Lo Rubei Torasi ... as a question ('Would it not be wrong to commit the majority of the Torah to writing'?).

2. ... Elazar explains the Pasuk "Ki Al-Pi ha'Devarim he'Eleh Kara'ti Itcha Bris" with reference to the fact that the oral Torah is more difficult to learn (but not because it constitutes the larger part of Torah).

(d)Rebbi Yehudah bar Nachmani, Reish Lakish's translator, reconciled the seemingly contradictory Pesukim "K'sov Lecha Es ha'Devarim ha'Eleh" (in Ki Sisa), and "Ki Al-Pi ha'Devarim ha'Eleh Kara'ti Itcha Bris ... " by extrapolating from the first that the written Torah may not be learnt by heart, and from the second that the oral Torah may not be committed to writing.

9)

(a)What does de'bei Rebbi Yishmael extrapolate from the Pasuk "K'sav L'cha es ha'Devarim ha'Eileh"?

(b)From where does Rebbi Yochanan learn that Hash-m made a covenant with Yisrael on account of Torah she'be'al Peh?

9)

(a)d'bei Rebbi Yishmael extrapolates from the Pasuk "K'sov Lecha Es ha'Devarim ha'Eleh" that it is only the written Torah that may be written, but not the Halachos.

(b)Rebbi Yochanan learns that Hash-m made a covenant with Yisrael on account of the oral Torah from the Pasuk "Ki Al'Pi ha'Devarim ha'Eleh Karati Itcha Bris v'Es Yisrael".

10)

(a)On what grounds do we reject the contention that one may not change the location of the Eiruv because of (lack of) Kavod?

(b)Why did they change the location of the Shofar that they blew on Erev Shabbos specifically from Rav Yehudah's house to that of Rabah, from Rabah's to that of Rav Yosef and from Rav Yosef's house to that of Abaye?

(c)In whose house was the Shofar placed after Abaye's death?

(d)So why does our Mishnah forbid changing the location of the Eiruv?

10)

(a)We reject the contention that one may not change the location of the Eruv Chatzeiros due to a lack of Kavod for the Balabos by whom it is currently housed on the grounds that they changed the location of the Shofar that announced the advent of Shabbos (or the Tzedakah-box) from one house to another (as we shall see), and were not concerned with a lack of Kavod regarding the family where it had previously been.

(b)They changed the location of the Shofar that they blew on Erev Shabbos from Rav Yehudah's house to that of Rabah, from Rabah's to that of Rav Yosef and from Rav Yosef's house to that of Abaye because each one was the subsequent Rosh Yeshivah, following his predecessor's death.

(c)After Abaye's death the Shofar was moved to Rava's house.

(d)Our Mishnah forbids changing the location of the Eruv because of 'Chashad' (meaning that people who see that the Eruv is no longer where it used to be, will suspect the residents of that town of carrying without an Eruv).

11)

(a)Who has the first right to draw water from a flowing river, those who live up-stream or those who live down-stream?

(b)Then in which case do Rav and Shmuel argue over this point?

(c)What is their Machlokes?

(d)What is ...

1. ... Shmuel's reason for saying that those living up-stream have the first right to draw?

2. ... Rav's reason for saying that those living down-stream have the right to stop them from damming the river?

11)

(a)Neither those who live up-stream nor those who live down-stream have the first right to draw water from a flowing River it is a matter of first come, first served.

(b)Rav and Shmuel argue over this point only when there is not sufficient water for both parties.

(c)Their Machlokes is whether those living up-stream have the right to dam the river until they have filled their pits with water (Shmuel) or whether those living down-stream have the right to stop them (Rav).

(d)According to ...

1. ... Shmuel, those living up-stream have the first right to draw is because they live closest to the rivers source.

2. ... Rav, those living down-stream have the right to stop them from damming the river is because they are entitled to demand that the river continues flowing along its normal course.

12)

(a)How does Shmuel reconcile Rav with our Mishnah, which gives those living nearest the source of the stream the first right?

(b)What will then be the Chidush?

(c)What does Rav Huna bar Tachlifa rule with regard to this Machlokes?

12)

(a)Shmuel reconciles Rav with our Mishnah, which gives those living nearest the source of the stream the first right by establishing the case when the river actually flows through their pit, without their having to do anything.

(b)The Chidush will then be that those living down-stream cannot ask them to divert the course of the river from their pit, forcing them to draw water with buckets just like they do.

(c)Rav Huna bar Tachlifa rules that since no official ruling has been issued, we apply the principle 'Kol d'Alim G'var' (the strongest wins).

13)

(a)What did Abaye reply, when Rav Shimi bar Ashi asked him to fix a time to learn with him ...

1. ... by day?

2. ... by night?

(b)So what proposition did Rav Shimi bar Ashi make?

(c)When Abaye accepted, what did Rav Shimi do?

(d)Was Abaye happy with his Talmid's achievements? How did he react?

13)

(a)Abaye replied, when Rav Shimi bar Ashi asked Abaye to fix a time to learn with him ...

1. ... by day that his day-schedule was already full.

2. ... by night that this was when he watered his fields.

(b)So Rav Shimi bar Ashi proposed that he (Rav Shimi) water Abaye's fields for him by day, so that he could learn with him by night.

(c)When Abaye accepted Rav Shimi went to those living up-stream and told them that the Halachah is like Rav, and those living down-stream, that the Halachah is like Shmuel. Then he drained the river, and watered the fields of Abaye (who lived in the middle) first.

(d)Abaye, unhappy with his Talmid's actions declined to partake of that whole year's crop (see Tosfos D.H. 'ke'Bei').

14)

(a)Why did the residents of Chermach (whose fields were down-stream) plan to divert part of the river Shinv'sa? What exactly did they do?

(b)When the owners of other fields in that vicinity complained to Abaye that this slowed down the flow of water (depriving them of their needs), he advised them to deepen the river at the point where the river now branched off, causing it to flow quicker along its original route. Why was this not a good idea?

(c)So what did Abaye's finally rule?

14)

(a)The residents of Chermach (whose fields were down-stream) planned to divert part of the river Shinv'sa so that the part of the water would flow round their fields before rejoining its original course.

(b)When the owners of other fields complained to Abaye that this slowed down the flow of water (depriving them of their needs), he advised them to deepen the river at the point where the river now branched off, increasing the flow along its original route. This was not a good idea however because, as they explained to him, deepening the river would result in less water reaching their irrigation canals.

(c)So he finally ruled that the residents of Chermach were not permitted to divert the water.

15)

(a)The Chachamim in our Mishnah disagree with Rebbi Yossi regarding the degree of ownership that one has over fish that one catches (as will be explained shortly). To which kind of traps is their Machlokes confined?

(b)What is he reason for this ruling?

15)

(a)The Chachamim in our Mishnah disagree with Rebbi Yosi regarding the degree of ownership that one has over fish that one catches (as will be explained shortly). Their Machlokes is confined to traps that have no inside (such as fishing hooks) ...

(b)... because once fish are caught inside receptacles, they automatically belong to the owners of the vessels, and taking the fish from them constitutes Gezel (d'Oraisa), according to all opinions.

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