1)

(a)We just quoted the Beraisa where Rebbi invalidates a Get that contains any conditions in writing (even 'Al-Menas'), whereas the Rabanan say that whatever invalidates the Get orally will also invalidate it in writing, but whatever does not invalidate the former, will not invalidate the latter either. According to Rebbi Zeira, they argue there where it is inserted before the Toreif. What is the basis of their Machlokes?

(b)What will they hold in the event that it is inserted after the Toreif?

(c)Who might then be the author of our Mishnah, which we established by 'Chutz', and which validates 'Al-Tenai'?

1)

(a)We just quoted the Beraisa where Rebbi invalidates a Get that contains any condition in writing (even 'Al-Menas'), whereas the Rabanan say that whatever invalidates the Get orally will also invalidate it in writing, and whatever does not invalidate the former, will not invalidate the latter either. According to Rebbi Zeira, they argue there where it is written before the Toreif. The basis of their Machlokes is whether we decree 'Al-Menas' on account of 'Chutz' (Rebbi) or not (the Rabanan).

(b)In the event that the Tenai is inserted after the Toreif both will agree that the Get is Kosher.

(c)The author of our Mishnah, which we established by 'Chutz', and which validates 'Al-Tenai' might then be the Rabanan (if it speaks before the Toreif) or even Rebbi (if it speaks after the Toreif).

2)

(a)Rava disagrees with Rebbi Zeira, establishing the Machlokes between Rebbi and the Chachamim by after the Toreif. What is the Machlokes, according to him?

(b)What will they then hold in the event that the Tenai is written before the Toreif?

(c)Who will then be the author of our Mishnah, which we established by 'Chutz', and which validates 'Al-Tenai'?

2)

(a)Rava disagrees with Rebbi Zeira, establishing the Machlokes between Rebbi and the Chachamim by after the Toreif. According to him, the Machlokes is whether we decree after the Toreif on account of before it (Rebbi), or not (the Rabanan).

(b)In the event that the Tenai is written before the Toreif both will agree that the Get is Pasul.

(c)The author of our Mishnah, which we established by 'Chutz', and which validates 'Al-Tenai' must then be the Rabanan.

3)

(a)Rebbi Avin's father quoted a Beraisa before Rebbi Zeira 'Kasav Get Al-Tenai, Divrei ha'Kol Pasul'. In view of the fact that, as we just learned, Rebbi and the Rabanan argue over this point, how does Rebbi Zeira amend the Beraisa to read? How does he establish it?

(b)Why did Rebbi Zeira prefer to establish the Beraisa like this, rather than to simply amend 'Divrei ha'Kol Pasul' to 'Harei Zeh Pasul', and establish it before the Toreif like Rebbi?

3)

(a)Rebbi Avin's father quoted a Beraisa before Rebbi Zeira 'Kasav Get Al-Tenai, Divrei ha'Kol Pasul'. In view of the fact that, as we just learned, Rebbi and the Rabanan argue over this point, Rebbi Zeira amends the Beraisa to read 'le'Divrei ha'Kol Kosher', and the Tana is speaking after the Toreif (in keeping with his own interpretation of the previous Beraisa).

(b)Rebbi Zeira preferred to establish the Beraisa like this, rather than to amend 'Divrei ha'Kol Pasul' to 'Harei Zeh Pasul', and establish it before the Toreif like Rebbi because whoever misquoted the Beraisa is more likely to have confused 'Divrei ha'Kol Kosher' with 'Divrei ha'Kol Pasul' than 'Harei Zeh' with 'Divrei ha'Kol'.

4)

(a)What does our Mishnah say about someone who says to his wife 'Harei At Muteres l'Chol Adam ...

1. ... Ela l'Aba u'le'Avicha, l'Achi u'le'Achicha, l'Eved u'le'Oved-Kochavim'? What do they all have in common?

2. ... Ela Almanah l'Kohen Gadol, Gerushah va'Chalutzah l'Kohen Hedyot, Mamzeres u'Nesinah l'Yisrael'? What do they all have in common?

(b)The Tana concludes the Reisha with the words 'u'le'Chol Mi she'Ein Lo Alav Kidushin' and the Seifa 've'Chol Mi she'Yesh Lo Alav Kidushin Afilu ba'Aveirah, Pasul'. What do we include from the Klal of the ...

1. ... the Reisha?

2. ... the Seifa?

4)

(a)Our Mishnah rules that if someone says to his wife 'Harei At Muteres l'Chol Adam ...

1. ... Ela l'Aba u'le'Avicha, l'Achi u'le'Achicha, l'Eved u'le'Oved-Kochavim' the Get is Kosher (because in all these cases, the Tenai cannot be fulfilled anyway, since Kidushin with any of them is ineffective.

2. ... Ela Almanah l'Kohen Gadol, Gerushah va'Chalutzah l'Kohen Hedyot, Mamzeres u'Nesinah l'Yisrael' the Get is Pasul, since, even though they are Chayavei Lavin, Kidushin is nevertheless effective by all of them (in which case it transpires that they are all a Shiyur).

(b)The Tana concludes the Reisha with the words 'u'le'Chol Mi she'Ein Lo Alav Kidushin' and the Seifa, with 've'Chol Mi she'Yesh Lo Alav Kidushin Afilu ba'Aveirah, Pasul'. From the Klal of the ...

1. ... the Reisha we include all other Chayavei K'risus.

2. ... the Seifa we include all other Chayavei Lavin.

5)

(a)Rava asked Rav Nachman whether 'Chutz mi'Kidushei Katan' is considered a Shi'ur (seeing as the Kidushin of a Katan is not effective. What is then the side to say that it is?

(b)Rav Nachman resolves Rava's She'eilah from the Mishnah in Kesuvos. What Chidush does the Tana teach there with regard to a Ketanah becoming divorced after her father's death? Based on the principle "v'Yatz'ah v'Hayesah", why would we have thought otherwise?

(c)What does this prove? How does Rav Nachman now resolve Rava's She'eilah from there?

(d)We ask a similar She'eilah first with regard to someone who says ' ... Chutz min ha'Noladin' (who will eventually be born) and then with regard to 'Chutz mi'Ba'al Achosah' (whose wife stands to die). Why can we not use our Mishnah, which does not consider Eved and Oved-Kochavim as a Shiyur, despite the fact that they are potential converts, to resolve the She'eilah by ...

1. ... 'Chutz min ha'Noladin'?

2. ... 'Chutz mi'Ba'al Achosah'?

5)

(a)Rava asked Rav Nachman whether 'Chutz mi'Kidushei Katan' is considered a Shiyur (seeing as the Kidushin of a Katan is not effective. The side to say that it is is the fact that every Katan eventually grows up (he is a potential a grown-up).

(b)Rav Nachman resolves Rava's She'eilah from the Mishnah in Kesuvos which permits a Ketanah to receive her own Get after being married off by her father (which is Kidushin d'Oraisa), despite the fact that this seems to contravene the principle "v'Yatz'ah v'Hayesah" (since she was not able to receive her own Kidushin, why should she able to receive her own Get).

(c)This proves that we consider someone who stands to become a Gadol is considered as if he was already a Gadol in this regard. Consequently, we will do likewise with regard to Shiyur, and the Get will be Pasul.

(d)We ask a similar She'eilah first with regard to someone who says ' ... Chutz min ha'Noladin' (who will eventually be born) and then with regard to 'Chutz mi'Ba'al Achosah' (whose wife stands to die). We cannot use our Mishnah, which does not consider Eved and Oved-Kochavim as a Shiyur, despite the fact that they are potential converts, to resolve the She'eilah by ...

1. ... 'Chutz min ha'Noladin' because whereas the conversion of an Eved and Oved-Kochavim is not a natural phenomenon, the birth of a baby is.

2. ... 'Chutz mi'Ba'al Achosah' because whereas conversion is not common (not every Nochri converts and not every Eved is set free), death is (everyone eventually dies).

6)

(a)Rava subsequently asked Rav Nachman whether 'Chutz mi'Zenusech' is considered a Shiyur, since the husband retained jurisdiction over his wife with regard to Bi'ah. On what grounds then, might it not be considered a Shiyur?

(b)How did Rav Nachman try to resolve this She'eilah from 'le'Aba u'le'Avich' in our Mishnah, which is not considered a Shiyur? How do we know that the Tana is speaking about Znus and not marriage?

(c)How did Rava refute this proof?

(d)He then asked him whether 'Chutz mi'she'Lo k'Darkah' or 'Chutz me'Hafaras Nedarehah' is considered a Shiyur or not. Why should ...

1. ... 'Chutz mi'she'Lo k'Darkah' be considered a Shiyur, considering that it is not part of the regular Ishus (i.e. to have children)?

2. ... 'Chutz me'Hafaras Nedarehah' be considered a Shiyur, seeing as it is not part of the principle Ishus (i.e. Bi'ah)?

6)

(a)Rava subsequently asked Rav Nachman whether 'Chutz mi'Z'nusech' is considered a Shiyur, since he retained jurisdiction over her with regard to Bi'ah. It might nevertheless not be considered a Shiyur since he not retain jurisdiction over her with regard to marriage.

(b)Rav Nachman tried to resolve this She'eilah from 'la'Aba u'le'Avich' in our Mishnah, which is not considered a Shiyur, implying that were he to make the same Tenai regarding somebody else, it would be a Shiyur. And the Tana can only be speaking about Znus, seeing as marriage is not applicable in the case of a father.

(c)Rava refuted this proof however by establishing the case in our Mishnah by marriage (the motions of marriage, which are not valid in the case of the woman's father, but valid in the case of others).

(d)He then asked him whether 'Chutz mi'she'Lo k'Darkah' or 'Chutz me'Hafaras Nedarehah' is considered a Shiyur or not. The reason that ...

1. ... 'Chutz mi'she'Lo k'Darkah' is considered a Shiyur, despite the fact that it is not part of the regular Ishus (to have children) is because the Torah compares the two in the Pasuk in Kedoshim "Mishkevei Ishah".

2. ... 'Chutz me'Hafaras Nedarehah' is considered a Shiyur, in spite of the fact that it is not part of the principle Ishus (Bi'ah) is because the Torah renders it an integral part of Ishus, when it writes in Matos "Ishah Yekimenu, v'Ishah Yefeirenu".

7)

(a)He also asked from 'Chutz mi'Terumasech' and 'Chutz mi'Yerushasech'. What did he mean by ...

1. ... 'Chutz mi'Terumasech'?

2. ... 'Chutz mi'Yerushasech'?

(b)Why should ...

1. ... 'Chutz mi'Terumasech' be considered a Shiyur?

2. ... 'Chutz mi'Yerushasech' be considered a Shiyur?

(c)Finally, Rava asked Rav Nachman about 'Chutz mi'Kidushech bi'Shtar', which might not be considered a Shiyur, since he has left her the possibility of becoming betrothed through Kesef or Bi'ah. Why on the other hand, might it still be considered a Shiyur?

(d)What is the outcome of all these She'eilos (with the exception of the first one which Rav Nachman resolved)?

7)

(a)He also asked from 'Chutz mi'Terumasech' and 'Chutz mi'Yerushasech'. When he said ...

1. ... 'Chutz mi'Terumasech' he meant that, should the woman marry a Kohen, she will be forbidden to eat Terumah.

2. ... 'Chutz mi'Yerushasech' he meant that should she die, he will still inherit her (as if he had not divorced her).

(b)The reason that ...

1. ... 'Chutz mi'Terumasech' is considered a Shiyur is because the Torah renders this an integral part of marriage, when in Emor, it permits her to eat Terumah using the words "Kinyan Kaspo".

2. ... 'Chutz mi'Yerushasech' is considered a Shiyur is because by the same token, the Torah writes there "li'She'ero v'Yarash Osah".

(c)Finally, Rava asked Rav Nachman about 'Chutz mi'Kidushech bi'Shtar', which might not be considered a Shiyur, since he has left her the possibility of becoming betrothed through Kesef or Bi'ah; whereas on the other hand, it might be considered a Shiyur based on the Pasuk "v'Yatz'ah v'Hayesah", which compares each of the three methods of Kinyan, with the result that each of the three must be possible to effect, otherwise it is a Shiyur.

(d)The outcome of all these She'eilos (with the exception of the first one which Rav Nachman resolved) is 'Teiku' ('Tishbi Yetaretz Kushyos v'Ibayos').

85b----------------------------------------85b

8)

(a)What is the basic wording of a Get?

(b)Rebbi Yehudah adds 've'Dein d'Yehavi Lichi Mina'i Sefer Tiruchin, v'Igeres Shevukin'. Which third item does he add?

(c)Rebbi Yehudah's version of the Get concludes 'li'Mehach l'Hisnasva l'Chol Gever d'Yisyatzvan'. What does this mean?

(d)The basis of the Machlokes between Rebbi Yehudah and the Rabanan is whether 'Yadayim she'Ein Mochichos (an unclear indication [that he is divorcing her with this Get]) Havyan Yadayim' or not. The Rabanan hold 'Havyan Yadayim'. What is Rebbi Yehudah's reason? What might people otherwise think?

8)

(a)The basic wording of a Get is 'Harei At Muteres l'Chol Adam'.

(b)Rebbi Yehudah adds 've'Dein d'Yehavi Lichi Mina'i Sefer Tiruchin, v'Igeres Shevukin v'Get Piturin'.

(c)Rebbi Yehudah's version of the Get concludes 'li'Mehach l'Hisnasva l'Chol Gever d'Yisyatzvan' meaning 'to go and marry any man you want'.

(d)The basis of the Machlokes between Rebbi Yehudah and the Rabanan is whether 'Yadayim she'Ein Mochichos (an unclear indication [that he is divorcing her with this Get]) Havyan Yadayim' or not. The Rabanan hold 'Havyan Yadayim'. Rebbi Yehudah holds 'Lo Havyan Yadayim, because people might otherwise think that he is divorcing her with the oral statement alone, and that the Shtar merely serves as evidence that she is divorced.

9)

(a)The basic wording on a Get Shichrur is 'Harei At bas Chorin'. What alternative does our Mishnah present?

9)

(a)The basic wording on a Get Shichrur is 'Harei At bas Chorin'. Our Mishnayos presents as an alternative 'Harei At l'Atzmech'.

10)

(a)Why is the Get invalid if one wrote ...

1. ... 'Harei At bas Chorin'?

2. ... (on a Get Shichrur) 'Harei At Muteres l'Chol Adam'?

(b)Why was Rav Ashi not sure whether 'Harei At l'Atzmech' is a Lashon of divorce or not. What else might it mean?

(c)How did Ravina resolve this She'eilah from our Mishnah, which considers this a Lashon of acquiring herself with regard to a Shifchah?

10)

(a)If one wrote ...

1. ... 'Harei At bas Chorin' the Get would be invalid because this is not a Lashon of divorce, but of freedom (and a woman is free even when she is married).

2. ... (on a Get Shichrur) 'Harei At Muteres l'Chol Adam' she would remain forbidden to marry a Jewish man, just as she had been previously because she is still his Shifchah, and a Shifchah is forbidden to a Yisrael.

(b)Rav Ashi was not sure whether 'Harei At l'Atzmech' is a Lashon of divorce or not because it might also mean that she is independent from a work point of view (i.e. what she produces is hers because he will no longer provide for her).

(c)Ravina resolves this She'eilah from our Mishnah, which considers this a Lashon of acquiring herself with regard to a Shifchah whose body the master acquired totally, then how much more so regarding a wife, whose body the husband does not acquire in the first place.

11)

(a)We learned in Perek ha'Shole'ach that if someone sells his slave to a Nochri, he is obligated to redeem him, even if it costs him ten time his value. What must he do after redeeming him?

(b)Raban Shimon ben Gamliel adds that if he wrote a Shtar 'Ono' when he sold him, then the Get Shichrur is unnecessary. How does Rav Sheshes define 'Shtar Ono'?

(c)What does Rav Chanin me'Chuzna'a prove from there?

11)

(a)We learned in Perek ha'Shole'ach that if someone sells his slave to a Nochri, he is obligated to redeem him, even if it costs him ten time his value. After redeeming him however he must set him free and write him a Get Shichrur.

(b)Raban Shimon ben Gamliel adds that the Get Shichrur is unnecessary, if when he sold him, he wrote a Shtar 'Ono' which Rav Sheshes defines as one on which one writes 'le'che'she'Tivrach Mimenu, Ein Li Eisek Bach'.

(c)Rav Chanin me'Chuzna'a proves from here that 'Ein Li Eisek Bach' is an appropriate Lashon for a Get Shichrur.

12)

(a)Why does Abaye insist that in the Get, one does not write ...

1. ... 've'Dein' (with a Yud)?

2. ... 'Igeres' (with a Yud after the 'Alef')?

3. ... 'li'Mehach (with a Yud after the 'Lamed')?

4. ... 'li'Mechach'?

(b)What do the following have in common ...1

1. ... 'di'Sehavyan' and 'de'Sisyatzvan'?

2. ... 'Sefer Tiruchin' and 'Igeres Shevukin'?

(c)And why must the Sofer be careful ...

1. ... to prolong the second 'Vav' of 've'Kadu Patris'?

2. ... not to write 'le'Isnasva' but 'le'Hisnasva'?

12)

(a)Abaye insists that in the Get, one does not write ...

1. ... 've'Dein' (with a Yud) because that would imply that he is obligated ('min ha'Din') to divorce her.

2. ... 'Igeres' (with a Yud after the 'Alef') because that would be a Lashon of 'roof' (instead of 'document').

3. ... 'li'Mehach (with a Yud after the 'Lamed') because that would imply that she will be his from the time that he writes the Shtar.

4. ... 'li'Mechach' which would imply that he is joking with her (and is not serious about divorcing her).

(b)What ...

1. ... 'di'Sehavyan' and 'de'Sisyatzvan' have in common is that both are written with three 'Yudin' in the middle (and not just two), because otherwise one might read the words 'de'Yishavyan' and 'de'Yisyatzvan' (referring to other women).

2. ... 'Sefer Tiruchin' and 'Igeres Shevukin' have in common is that the 'Vav' in both words should be slightly prolonged, because otherwise, they may resemble 'Yudin', in which case they will pertain to divorced women generally, rather than to this particular woman.

(c)And the Sofer must be careful ...

1. ... to prolong the second 'Vav' of 've'Kadu Patris' so that it should not resemble a 'Yud', implying that he is sending her away 'K'di' (with nothing i.e. without a Get).

2. ... not to write 'le'Isnasva' but 'le'Hisnasva' because otherwise, he might separate the 'Lamed' and the 'Alef' from the rest of the word, in which case the words will read 'Lo Sisnasva' (You cannot get married).

13)

(a)Rava instituted that one writes in every Get ' ... Eich P'lanya bar P'lanya Patar ... '. Why can we not prove from the fact that Rava omitted 've'Dein ... ' that we rule like the Rabanan and not like Rebbi Yehudah?

(b)Why did Rava insert the Lashon ...

1. ... 'mi'Yoma D'nan'?

2. ... 'u'Le'olam'?

13)

(a)Rava instituted that one writes in every Get ' ... Eich Planya bar Planya Patar ... '. We cannot prove from the fact that Rava omitted 've'Dein ... ' that we rule like the Rabanan and not Rebbi Yehudah because Rava, whose objective is only to teach us what he adds to the Get (and not what we already know) also omitted other parts of the Get ('Di Sehevyan ... ').

(b)Rava inserted the Lashon ...

1. ... 'mi'Yoma D'nan' to preclude from Rebbi Yosi, who holds 'Zemano shel Shtar Mochi'ach Alav', and according to whom this would not be necessary. This is to prevent any possible rumors from spreading that it was a 'Get l'Achar Misah' stigmatizing her family when she subsequently remarries without performing Chalitzah (even though strictly speaking, the Halachah is like Rebbi Yosi).

2. ... 'u'Le'olam' to eliminate the problem of Rava's She'eilah from Rav Nachman (cited above), if a man gives his wife a Get on the condition that today she is divorced and tomorrow she is not.

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