GITIN 73 (10 Av) - Dedicated by Rabbi Dr. Eli Turkel of Ra'anana, Israel, in memory of his father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.

1)

(a)Rabah and Rava disagree with Rav Huna (who holds that a Shechiv-Mera who recovered is able to retract from the Get that he gave his wife). What distinction do they draw between a Shechiv-Mera who did not say 'Im Meisi' and one who did?

(b)On what grounds do they argue with him?

(c)If, min ha'Torah, the Get is nullified, how can Chazal proclaim it valid (permitting a married woman to marry another man)?

(d)This is fine with regard to a case of Kidushei Kesef (where the Chachamim's right of 'Hefker Beis-Din Hefker' will apply). But what if he was Mekadesh her with Bi'ah? How can they revoke that?

1)

(a)Rabah and Rava disagree with Rav Huna (who holds that a Shechiv-Mera who recovered is able to retract from the Get that he gave his wife). They agree with him there where he said 'Im Meisi' (because it conforms with his condition) but hold that he cannot retract where he did not.

(b)They argue with him on the grounds that in their opinion, in the former case Chazal decreed on account of the fear that people will say that a Get is valid after death.

(c)Even though min ha'Torah, the Get is nullified, Chazal proclaim it valid (permitting her to marry another man) because when a person marries, he automatically agrees to abide by all decisions of the Rabanan with regard to the marriage (in which case, they are merely revoking the first Kidushin [retroactively] with the couple's prior consent).

(d)This is fine with regard to a case of Kidushei Kesef (where the Chachamim's right of 'Hefker Beis-Din Hefker' will apply). In the event that he was Mekadesh her with Bi'ah they declared the Bi'ah a Bi'as Znus.

2)

(a)The Beraisa says 'Zeh Gitech me'Hayom Im Meisi me'Choli Zeh, v'Nafal ha'Bayis Alav O Hikisho Nachash, Eino Get'. Why is that?

(b)What does the Tana say in a similar case where, instead of 'Im Meisi', the husband said 'Im Lo A'amod me'Choli Zeh'?

(c)The discrepancy between the Reisha and the Seifa is blatant. What ruling did they issue in Eretz Yisrael in the equivalent case to the Beraisa? What was the case?

2)

(a)The Beraisa says 'Zeh Gitech me'Hayom Im Meisi me'Choli Zeh, v'Nafal ha'Bayis Alav O Hikisho Nachash, Eino Get' because it is an Ones that is unforeseeable, and which the stipulator would not have taken into account.

(b)In a similar case where, instead of 'Im Meisi', the husband said 'Im Lo A'amod me'Choli Zeh' the Tana rules Harei Zeh Get'.

(c)The discrepancy between the Reisha and the Seifa is blatant. They issued a ruling in Eretz Yisrael (in a case where a lion ate the husband) invalidating the Get (like in the Seifa).

3)

(a)To what extent did the man who sold his friend a field accept liability?

(b)What did Ravina rule when the king ordered a river to be diverted through that field?

(c)Rava concurred with the opinion of Rav Acha bar Tachlifa. What did Rav Acha bar Tachlifa say?

3)

(a)The man who sold his friend a field, undertook to compensate the purchaser for any Ones that might occur.

(b)When the king ordered a river to be diverted through that field, Ravina ordered the seller to reimburse the purchaser in full.

(c)Rava concurred with the opinion of Rav Acha bar Tachlifa, who ruled that it was an unforeseeable Ones, in which case we ought not to contend with it.

4)

(a)Ravina queried Rava from the Beraisa that we just quoted 'Im Lo A'amod me'Choli Zeh, v'Nafal Alav ha'Bayis ... Harei Zeh Get'. What did Rav Acha mi'Difti ask Ravina, when Rava answered from the Seifa, which says 'Eino Get'?

(b)What was Ravina's response?

(c)So what do we finally rule in cases when the Ones is unusual?

4)

(a)Ravina queried Rava from the Beraisa that we just quoted 'Im Lo A'amod me'Choli Zeh, v'Nafal Alav ha'Bayis ... Harei Zeh Get'. When Rava answered from the Reisha, which says 'Eino Get', Rav Acha mi'Difti asked Ravina whether that justifies not asking from the Seifa.

(b)Ravina responded that if the two sections of a Beraisa clash in this way, it is a sign that the Beraisa has been misquoted (in which case it cannot be considered conclusive).

(c)Consequently, we follow our logic, which dictates that one ignores any Ones which the stipulator would not have anticipated when stipulating the condition.

5)

(a)What did Rav Papa and Rav Huna b'rei d'Rav Yehoshua buy by the banks of the River Malka?

(b)How much liability did the sailors whom they hired to transport it across the river accept?

(c)What prevented the sailors from delivering the barrels? What did Rav Papa and Rav Huna b'rei d'Rav Yehoshua expect the sailors to do?

(d)On what basis did Rava inform them that they were 'stripping people's coats off their backs'? Why did he refer to them as 'white geese'?

5)

(a)Rav Papa and Rav Huna Brei d'Rav Yehoshua purchased sunflower-seeds (Gar'inim) by the banks of the River Malka.

(b)The sailors whom they hired to transport it across the river accepted full liability (for any Ones that might occur).

(c)The sailors were prevented from delivering the barrels due a royal edict ordering the river to be drained. Consequently, Rav Papa and Rav Huna Brei d'Rav Yehoshua expected the sailors to hire donkeys to transport the goods across the river-bed.

(d)Rava informed them that they were 'stripping people's coats off their backs' because this was another case of an Ones which was unforeseeable, with which we do not contend. He referred to them as 'white geese' because they were already old and their beards had turned white.

6)

(a)Our Mishnah forbids a woman who has received a Get 'me'Hayom Im Meisi', to reside with her husband without witnesses. What are the two possible reasons for this?

(b)How many witnesses does the Tana require?

(c)Even a slave is eligible for this purpose. How about a maid-servant?

6)

(a)Our Mishnah forbids a woman who has received a Get 'me'Hayom Im Meisi', to reside with her husband without witnesses either because (seeing as they are familiar with each other) we suspect that they will be intimate, and according to one opinion, we are afraid that they will do so with the purpose of betrothal; or because seclusion with an unmarried woman is prohibited.

(b)The Tana is requires no more than one witness.

(c)Even a slave is eligible for this purpose. and so is a maid-servant, provided it is not her own.

7)

(a)In the interim period, Rebbi Yehudah considers the woman to be married. Why is that?

(b)What are the ramifications of Rebbi Yehudah's ruling?

(c)What does Rebbi Yosi say? What are the ramifications of his ruling

(d)In which point does he argue with Rebbi Yehudah

7)

(a)In the interim period, Rebbi Yehudah considers the woman to be married because he holds that, even assuming that he dies from his current illness, the Get will only take effect from the moment before his death.

(b)The ramifications of Rebbi Yehudah's ruling are that if someone commits adultery with the woman during that period, he (and the woman) will receive Chenek (strangulation), or to bring a Chatas, if they transgressed b'Shogeg.

(c)Rebbi Yosi says 'Megureshes v'Einah Megureshes' (meaning that she is only a Safek Eshes Ish), in which case the adulterers will only be obligated to bring an Asham Taluy, nor will they be Chayav Chenek, should they transgress b'Mezid.

(d)He argues with Rebbi Yehudah inasmuch as, in his opinion, in the event of the husband's death, the Get will have taken effect retroactively the moment it was handed to the woman.

73b----------------------------------------73b

8)

(a)What distinction does Rav Nachman Amar Rabah bar Avuhah make (to explain a meaningless Beraisa 'Ra'uhah she'Niv'elah Imo ba'Afeilah ... ') in a case where witnesses saw the couple mentioned in our Mishnah in a state of intimacy, between when the man did not subsequently give the woman money, and when he did?

(b)Why can 'Chosheshin Mishum Znus' (implying a Chumra) in the latter case, not be taken literally?

(c)Then why does the Tana say it?

(d)What does Rebbi Yosi b'Rebbi Yehudah say?

8)

(a)To explain a meaningless Beraisa 'Ra'uhah she'Niv'elah Imo ba'Afeilah ... ' Rav Nachman Amar Rabah bar Avuha draws a distinction (where witnesses saw the couple mentioned in our Mishnah in a state of intimacy), between when the man did not subsequently give the woman money in which case we suspect that he meant to betroth her again, and where he did when we ascribe their behavior to nothing more than a frivolous act.

(b)'Chosheshin Mishum Znus' (implying a Chumra) in the latter case, cannot be taken literally because which Chumra can this be referring to (seeing as she is divorced anyway, and Terumah is permitted to her, unless she commits adultery with a man who is forbidden to her.

(c)The Tana nevertheless says it to balance with the continuation 've'Ein Chosheshin Mishum Kidushin'.

(d)Rebbi Yosi b'Rebbi Yehudah says 'Af Chosheshin Mishum Kidushin'.

9)

(a)Rabah bar bar Chanah Amar Rebbi Yochanan, comments on the Machlokes between Beis Shamai and Beis Hillel (regarding whether a man who divorced his wife and stayed overnight with her in a hotel requires a second Get or not), 'Machlokes k'she'Ra'uhah she'Niv'alah, Aval Lo Ra'uhah she'Niv'alah, Divrei ha'Kol Ein Tzerichah Heimenah Get'. According to Rav Nachman Amar Rabah bar Avuhah's interpretation of the Beraisa, with whose opinion in the Beraisa does this concur?

(b)Bearing in mind that this interpretation differentiates between a husband who gave his wife money and one who did not, on what grounds does Abaye refute it?

(c)So how does Abaye interpret the Tana Kama of the Beraisa?

(d)And in which point does Rebbi Yosi b'Rebbi Yehudah disagree with the Tana Kama?

9)

(a)Rabah bar bar Chanah Amar Rebbi Yochanan comments on the Machlokes between Beis Shamai and Beis Hillel (regarding whether a man who divorced his wife and stayed overnight with her in a hotel requires a second Get or not), 'Machlokes k'she'Ra'uhah she'Niv'alah, Aval Lo Ra'uhah she'Niv'alah, Divrei ha'Kol Ein Tzerichah Heimenah Get'. According to Rav Nachman Amar Rabah bar Avuha's interpretation of the Beraisa, this concurs with both opinions in the Beraisa (since both are only worried about Kidushin if the witnesses actually saw the Bi'ah).

(b)Bearing in mind that this interpretation differentiates between a husband who gave his wife money and one who did not, Abaye refutes it on the grounds that the Tana of the Beraisa does not mention money (and how can we base a Machlokes Tana'im on something that the Tana does not mention?)

(c)So Abaye interprets the Tana Kama of the Beraisa to mean that, even if the witnesses saw them in a state of intimacy, we assume it to have been a mere act of frivolity, without having Kidushin in mind ...

(d)... whereas Rebbi Yosi b'Rebbi Yehudah holds that once they actually see the Bi'ah, we assume that they had Kidushin in mind.

10)

(a)According to Abaye's interpretation of the Beraisa, with whose opinion in the Beraisa does Rabah bar bar Chanah Amar Rebbi Yochanan's previous statement concur?

(b)Based on the Seifa 'Rebbi Yosi b'Rebbi Yehudah Omer Af b'Zu Chosheshin Mishum Kidushin', how does Rava refute Abaye's interpretation of the Beraisa?

(c)So how does Rava interpret Rebbi Yosi b'Rebbi Yehudah's opinion?

(d)We conclude that, according to Rava's explanation, Rabah bar bar Chanah Amar Rebbi Yochanan will concur with neither of the Tana'im in our Beraisa. How is that?

10)

(a)According to Abaye's interpretation of the Beraisa Rabah bar bar Chanah Amar Rebbi Yochanan's previous statement concurs with the opinion of Rebbi Yosi b'Rebbi Yehudah (who also equates the Bi'ah with Kidushin).

(b)Based on the Seifa 'Rebbi Yosi b'Rebbi Yehudah Omer Af b'Zu Chosheshin Mishum Kidushin', Rava refutes Abaye's interpretation of the Beraisa due to Rebbi Yosi b'Rebbi Yehudah use of the word 'Af', seeing as the Tana Kama maintains that we are not afraid that they had Kidushin in mind, and he is, all he needed to say was 'Chosheshin l'Kidushin' (whereas 'Af' implies that the Tana Kama is strict, and that he is stricter still).

(c)So Rava explains that according to Rebbi Yosi b'Rebbi Yehudah, even if the witnesses did not actually see the Bi'ah, we are concerned that Bi'ah may have been performed with Kidushin in mind.

(d)We conclude that, according to Rava's explanation, Rabah bar bar Chanah Amar Rebbi Yochanan will concur with neither of the Tana'im in our Beraisa because according to the Tana Kama, even if the witnesses saw them being intimate, we do not suspect that they had Kidushin in mind, and according to Rebbi Yosi b'Rebbi Yehudah, even if they did not, we do.

11)

(a)How do we establish 'Megureshes v'Einah Megureshes' in our Mishnah?

(b)What will the Din be in the event that the husband does not die?

(c)We have already learned that a Get cannot take effect after the husband's death. How do we therefore rule with regard to 'Harei Zeh Gitech Im Meisi'?

(d)And how does Rabah then amend the wording of the case in our Mishnah over which Rebbi Yehudah and Rebbi Yosi argue?

11)

(a)We establish 'Megureshes v'Einah Megureshes' in our Mishnah when the husband dies from his illness.

(b)In the event that he does not the adulterer will be Chayav Chatas.

(c)We have already learned that a Get cannot take effect after the husband's death. We therefore rule that if the husband said 'Harei Zeh Gitech Im Meisi' the Get is invalid.

(d)Rabah therefore amends the wording of the case in our Mishnah over which Rebbi Yehudah and Rebbi Yosi argue to 'Harei Zeh Gitech me'Eis she'Ani ba'Olam'.

12)

(a)What is the basis of the Machlokes between Rebbi Yehudah and Rebbi Yosi? Why does Rebbi Yosi not agree that 'me'Eis she'Ani ba'Olam' refers to the last moment before his death?

12)

(a)The basis of the Machlokes between Rebbi Yehudah and Rebbi Yosi is whether we hold 'Yesh Bereirah' (Rebbi Yehudah) or 'Ein Bereirah' (Rebbi Yosi, because once he survives the first moment, every successive moment is a matter of 'Bereirah').