Mishnah 1
1)
(a)The Tana discusses someone who is seized by Kurdaykus, who issues a request that one writes his wife a Get. What does ' Kurdaykus' mean?
(b)What causes it?
(c)What is the Din regarding in such a case?
(d)What if he issued the instructions before the seizure and retracted after it?
(e)Is one obligated to question him first?
1)
(a)The Tana discusses someone who is seized by Kurdaykus - (a demon), who issues a request that one writes his wife a Get.
(b)It is caused - by drinking fresh wine.
(c)The Din is that - one simply ignores the request.
(d)If he issued the instructions before the seizure and retracted after it - one ignores the retraction ...
(e)... without questioning him first.
2)
(a)What does the Mishnah now say one must do in the case of a man who becomes dumb and when asked whether he wishes to divorce his wife, he nods his head in the affirmative?
(b)How does one gauge the results of the test?
2)
(a)In the case of a man who becomes dumb and when asked whether he wishes to divorce his wife, he nods his head in the affirmative, the Mishnah now rules that - one checks his lucidity by posing three questions that require a yes or no answer (See Tiferes Yisrael) ...
(b)... and gauges the results of the test - by whether he nods affirmatively for a question that requires a 'yes' and negatively for a question that requires a 'no' .
Mishnah 2
3)
(a)The Mishnah discusses a case where they ask a man whether they should write a Get for his wife, and he replies 'Write!' What is the case? What prompted them to ask him?
(b)What if they now instruct the Sofer to write the Get and the witnesses to sign, and they then hand him the Get and he gives it to his wife?
(c)On what condition will the Get be valid?
3)
(a)The Mishnah discusses a case where they ask a man whether they should write a Get for his wife - to save her from having to perform Yibum, and he replies 'Write!'
(b)If they now instruct the Sofer to write the Get (See Tos. Yom-Tov) and the witnesses to sign; and they then hand him the Get, and he gives it to his wife - the Get is Bateil.
(c)It will only be valid - if the husband himself instructs the Sofer to write the Get and the witnesses to sign.
Mishnah 3
4)
(a)What is the Din in a case where the man says to his wife 'This is your Get in the event that I die!' (See Tos. Yom-Tov) 'This is your Get if I die from this illness!' or 'This will be your Get after I die!'(See Tos. Yom-Tov)
(b)On which principle are these rulings based?
(c)Which of two words will the husband have to add for the Get to be valid?
4)
(a)In a case where the man says to his wife 'This is your Get in the event that I die!' (See Tos. Yom-Tov) 'This is your Get if I die from this illness!' or 'This will be your Get after I die!' (See Tos. Yom-Tov) - the Get is invalid (See Tos. Yom-Tov) ...
(b)... due to the principle 'Ein Get le'Achar Misah'.
(c)For the Get to be valid, the husband will have to add - 'me'ha'Yom' or 'me'Achshav'.
5)
(a)If he says 'me'ha'Yom u'le'Achar Misah', the Tana rules Get ve'Eino Get'. What does this mean?
(b)What are the two sides of the Safek?
(c)What makes us think the latter possibility? What ought he to have said had he meant to issue a condition?
(d)What if he subsequently dies and leaves a Yavam?
(e)Why is he forbidden to perform Yibum?
5)
(a)If he says 'me'ha'Yom u'le'Achar Misah' (See Tos. Yom-Tov), the Tana rules Get ve'Eino Get' - meaning that it is a Safek as to whether she is divorced or not ...
(b)... since we are not sure - whether 'u'le'Achar Misah' is a condition that follows 'me'ha'Yom (and she is divorced) or whether it is a retraction from 'me'ha'Yom (and 'Ein Get le'Achar Misah') ...
(c)... because, had he meant to issue a condition, he ought to have said - 'me'ha'Yom Im Meisi'.
(d)Consequently, should he subsequently die and leave a Yavam - they perform Chalitzah but not Yibum ...
(e)... in case the Get is valid, in which case they are subject to the Isur of 'Eishes Ach'.
6)
(a)The Mishnah discusses a case where after stipulating 'me'ha'Yom Im Meisi (See Tos. Yom-Tov) me'Choli Zeh', the husband recovers and goes out into the street. How does the case end?
(b)What does the Tana rule there?
6)
(a)The Mishnah discusses a case where, after stipulating 'me'ha'Yom Im Meisi (See Tos. Yom-Tov) me'Choli Zeh', the husband recovers and goes out into the street - becomes ill again and dies.
(b)The Tana rules that - it depends whether the second illness is a continuation of the first one (in which case the Get takes effect), or a new illness (in which case it is invalid).
Mishnah 4
7)
(a)Assuming the husband in the latter case did not die, on what condition is his wife permitted to 'be secluded' with her husband?
(b)Considering that, even if they are intimate, they will not have committed a sin, what is the reason for that?
(c)What if ...
1. ... there is only one witness?
2. ... the witness is an Eved or a Shifchah?
(d)What is the one exception listed by the Mishnah?
(e)Why is that?
7)
(a)Assuming the husband in the latter case did not die, his wife is permitted to 'be secluded' with her husband - only if there are witnesses present ...
(b)... in spite of the fact that, even if they are intimate, they will not have committed a sin - in case they are intimate with the intention of becoming betrothed.
(c)It is permitted even if ...
1. ... there is only one witness, and ...
2. ... the witness is an Eved or a Shifchah.
(d)The one exception listed by the Mishnah is - if the witness is her Shifchah ...
(e)... with whom she is familiar, and who will therefore be willing to refrain from testifying against her mistress.
8)
(a)What does the Tana ask with regards to a case where a husband says to his wife 'Harei Zeh Gitech ... me'Eis she'Ani ba'Olam Im Meisi'?
(b)According to Rebbi Yehudah, she has the Din of a married woman. Why is that?
(c)Rebbi Yossi considers every moment a Safek. What does he therefore say?
(d)Why do we not say that each moment passes and he has not died proves retroactively that the Get has not taken effect?
(e)What are the ramifications of 'Safek Megureshes'?
8)
(a)With regards to a case where a husband says to his wife 'Harei Zeh Gitech ... me'Eis she'Ani ba'Olam Im Meisi' (See Tos. Yom-Tov), the Tana asks - what the wife's status is in the interim.
(b)According to Rebbi Yehudah, she has the Din of a married woman - because we assume that he meant the Get to take effect a split second before he dies.
(c)Rebbi Yossi considers every moment a Safek. Consequently, he rules that, throughout that period, she is 'Megureshes ve'Einah Megureshes' (Safek Megureshes [See Tos. Yom-Tov]).
(d)We cannot say that each moment passes and he has not died, it is clear retroactively that the Get has not taken effect - due to the principle 'Ein B'reirah'(See Tos. Yom-Tov).
(e)The ramifications of Safek Megureshes are - that in the event that she has relations with any other man, they are Chayav a Korban Asham Taluy (See Tiferes Yisrael).
Mishnah 5
9)
(a)What does the Mishnah rule in a case where a man divorces his wife on condition that she gives him two hundred Zuz?
(b)What if he adds ' ... within thirty days'?
9)
(a)The Mishnah rules in a case where a man divorces his wife on condition that she gives him two hundred Zuz - that she is divorced in any case, and sheowes him two hundred Zuz.
(b)Whereas if he adds ' ... within thirty days' - then she is only divorced in the event that she gives him the two hundred Zuz within thirty days (See Tos. Yom-Tov).
10)
(a)Rabban Shimon ben Gamliel relates an incident that took place in Tzidon where a husband gave his wife a Get on condition she return his coat and the coat was subsequently found to be lost. What ruling did the Chachamim issue there?
(b)Why was that?
(c)What are we therefore forced to add to the Mishnah, to accommodate Rabban Shimon ben Gamliel's ruling?
(d)Like whom is the Halachah?
10)
(a)Rabban Shimon ben Gamliel relates an incident that took place in Tzidon where a husband gave his wife a Get on condition she return his coat and the coat was subsequently found to be lost, where the Chachamim - obligated her to give her husband the value of the coat ...
(b)... seeing as he was only divorcing her in order to gain the coat or at least its value.
(c)To accommodate Rabban Shimon ben Gamliel's ruling, we are therefore forced to add to the Mishnah - that if he stipulated that she is only divorced if she returns him his coat and then discovers that it is lost, the Tana Kama meant specifically the coat (and not the equivalent value).
(d)The Halachah is - like the Tana Kama.
Mishnah 6
11)
(a)If the husband gives his wife a Get on condition that she serves his father or suckles their baby, for how long is she obligated to fulfill the condition before becoming divorced?
(b)Then what does the Tana Kama mean when he gives the time-period for the latter as two years?
(c)What does Rebbi Yehudah say?
11)
(a)If the husband gives his wife a Get on condition that she serves his father or suckles their baby, she is obligated to fulfill the condition - even for one day (See Tiferes Yisrael) before becoming divorced ...
(b)... and when the Tana Kama gives the time-period for the latter as two years, he means - that she must fulfill the condition during the subsequent two-year period (See Tos. Yom-Tov).
(c)Rebbi Yehudah gives the time-period as - eighteen months.
12)
(a)What does the Tana Kama say about a case where the husband stipulates that she serves his father or suckles the baby for two years and ...
1. ... the father or the baby dies (before she has even begun feeding him)?
2. ... declines her services (See Tos. Yom-Tov)?
(b)Why is that?
(c)What does the Tana mean when he inserts (in the latter case) 'she'Lo be'Hakpadah'
(d)On what grounds does Rabban Shimon ben Gamliel say 'ka'Zeh Get!'?
(e)Like whom is the Halachah?
12)
(a)The Tana Kama rules that, in a case where the husband stipulates that she serves his father or suckles the baby for two years and ...
1. ... the father or the baby dies (before she has even begun feeding him) or ...
2. ... declines her services - the Get is Bateil (See Tos. Yom-Tov) ...
(b)... since the Tana is not out to hurt her but for his own benefit (which it transpires, has become irrelevant [See Tos. Yom-Tov])
(c)When the Tana inserts (in the latter case) 'she'Lo be'Hakpadah', he means - even though the daughter-in-law did nothing to make her father-in-law's angry.
(d)Rabban Shimon ben Gamliel says 'ka'Zeh Get!' that - as long as she is not responsible for the condition not being fulfilled, she is divorced.
(e)The Halachah is - like the Tana Kama.
Mishnah 7
13)
(a)What does the Mishnah say about a case of a man who is going from Yehudah to Galil and who gives his wife a Get on condition that he does not return within thirty days, who gets as far as Antipras, and who manages to return within thirty days?
(b)The Mishnah is actually speaking where the husband made two conditions (neither of which was met). The first condition was if he reaches the Galil, she will be divorced immediately. What was the second?
(c)Why is his wife then not divorced, seeing as he got as far as Antipras?
13)
(a)In a case of a man who is going from Yehudah to Galil and who gives his wife a Get on condition that he does not return within thirty days, who gets as far as Antipras, and who manages to return within thirty days, the Mishnah rules - that she is not divorced (See Tiferes Yisrael).
(b)The Mishnah is actually speaking where the husband made two conditions (neither of which was met). The first condition was if he reaches the Galil, she will be divorced immediately. The second is that - in the event that he does not, she will be divorced should he not manage to return within thirty days.
(c)And the reason that his wife is divorced, seeing as he got as far as Antipras, is - because Antipras is on the border of Yehudah (and not in Galil [See also Tos. Yom-Tov]).
14)
(a)What does the Mishnah rule in the same case but in the reverse, and where the husband reached K'far Osnai (on the border between Galil and Yehudah)?
(b)Why is that?
(c)And what will be the Din if he makes the same two conditions, but where he is going to 'Medinas ha'Yam' (north of the Galil [Tiferes Yisrael]), reaches as far as Acco, and manages to return within thirty days?
(d)Why is that?
14)
(a)In the same case but in the reverse, and where the husband reached K'far Osnai (on the border between Galil and Yehudah), the Mishnah rules - that there too, his wife is not divorced ...
(b)... because K'far Osnai is on the border of Galil (and not in Yehudah).
(c)Likewise, if he makes the same two conditions, but where he is going to 'Medinas ha'Yam' (north of the Galil [Tiferes Yisrael]), reaches as far as Acco, and manages to return within thirty days - she is not divorced either ...
(d)... because Acco is on the border of Eretz Yisrael (and not inChutz la'Aretz [See Tos. Yom-Tov).
15)
(a)Finally, the Mishnah discusses a case where the husband stipulates that the Get will be valid if he does not see his wife for thirty days, and he subsequently travels backwards and forwards for thirty days without being 'Misyached' with her. What does the Tana rule there?
(b)Why are we not afraid that on one of his short return visits, he made up with her, thereby negating the Get (See Tos. Yom-Tov)?
(c)What would be the Din if the husband were to return after thirty days and claim that he was Misyached during one of his brief visits, and that they patched up their quarrel?
(d)How does the Gemara therefore establish the Mishnah to avoid the problem?
15)
(a)Finally, the Mishnah discusses a case where the husband stipulates that the Get will be valid if he does not see his wife for thirty days, and he subsequently travels backwards and forwards for thirty days the Tana rules that - the Get is valid (because he was not 'Misyached' with her during that period).
(b)We are not afraid that on one of his short return visits, he made up with her, thereby negating the Get (See Tos. Yom-Tov) - precisely for the same reason).
(c)If the husband were to return after thirty days and claim that he was Misyached with his wife during one of his brief 'visits', and that they patched up their quarrel - he would be believed.
(d)To avoid the problem, the Gemara establishes the Mishnah - where he stipulated when handing over the Get that, should his wife refute that claim, she will be believed.
Mishnah 8
16)
(a)What does the Tana rule in a case where a husband who gives his wife a Get and stipulates that it will take effect in the event that he does not return from a trip within twelve months, dies during those twelve months?
(b)Why is that?
(c)What would he have to add for the Get to be valid?
16)
(a)In a case where a husband who gives his wife a Get and stipulates that it will take effect in the event that he does not return from a trip within twelve months, dies during those twelve months, the Tana rules that - the Get is not valid ...
(b)... due to the principle 'Ein Get le'Achar Misah'.
(c)For the Get to be valid - he would have to add the word 'me'Achshav' (See Tos. Yom-Tov).
Mishnah 9
17)
(a)If he declares 'Im Lo Ba'si mi'Ka'an ve'ad Sh'neim-Asar Chodesh, Kisvu u'Tenu Get le'Ishti!', and they write the Get within the twelve months and hand it over after twelve months, on what grounds is the Get not valid (See Tos. Yom-Tov)?
(b)What does the Tana Kama rule in the same case but where the husband reverses his statement ' Kisvu u'Tenu Get le'Ishti im Lo Ba'si ... !'?
(c)On what grounds does Rebbi Yossi say 'ka'Zeh Get!' (See Tos. Yom-Tov)?
17)
(a)If he declares 'Im Lo Ba'si mi'Ka'an ve'ad Sh'neim-Asar Chodesh Kisvu u'Tenu Get le'Ishti!', and they write the Get within the twelve months and hand it over after twelve months, the Get is not valid - because he specifically instructed them to write it (as well as to hand it) after twelve months.
(b)The Tana Kama issues the same ruling in the same case but where the husband reverses his statement ' Kisvu u'Tenu Get le'Ishti im Lo Ba'si ... !'
(c)Rebbi Yossi however says 'ka'Zeh Get!' - because, since he inverted the regular order ('Im Lo Ba'si ... Kisvu u'Tenu') - he must have meant 'Kisvu me'Achshav u'Tenu Im Lo Ba'si!'
18)
(a)In a case where they wrote and handed over the Get after the twelve months expire but where the husband too, died, on what condition does the Mishnah then rule that the Get is valid?
(b)And what will be the Din if it is not known whether the Get was written before or after the Get was handed over to his wife?
18)
(a)In a case where they wrote and handed over the Get after the twelve months have expired but where the husband too died, the Mishnah then rules that the Get is valid - provided he died after the Get was written (See Tos. Yom-Tov).
(b)If it is not known whether the Get was written before or after the Get was handed over to his wife, the Din is - 'Megureshes ve'Einah Megureshes'.
