1)

MAKING A SUGGESTION [line 1]

(a)

(Mishnah): In a normal Get, the witnesses sign on the front. In a tied Get (which is folded like an accordion and sewn), they sign on the back. If they signed on the wrong side (of either Get), it is invalid;

(b)

R. Chanina ben Gamliel says, if they signed on the front of a tied Get, it is valid, because it can be untied and made into a regular Get.

(c)

R. Shimon ben Gamliel says, everything is like the local custom.

(d)

Question: Does the first Tana disagree?!

(e)

Answer (Rav Ashi): If there is a standard custom in that locale (which type of Get is used), all agree that one who authorizes a Get is insistent that it be like the custom (if the scribe deviated, it is invalid);

1.

They argue in a place where both types of Gitin are used, and he asked for a regular Get, and the scribe wrote a tied Get.

2.

The first Tana holds that he is insistent. R. Shimon ben Gamliel holds that he merely suggests that a regular Get is also fine.

(f)

R. Eliezer holds that one merely makes a suggestion in the following Mishnah.

1.

(Mishnah): If a woman told a Shali'ach 'receive my Get in the place Ploni', and he received it elsewhere, it is invalid;

2.

R. Eliezer says, it is valid.

i.

R. Eliezer holds she merely suggested that her husband can probably be found in Ploni.

2)

THE ARGUMENT IN OUR MISHNAH [line 18]

(a)

(Ula): R. Shimon and Chachamim argue only about monetary Shevach. Regarding Shevach lineage, all agree that she is not Mekudeshes. (She does not want one who will be arrogant due to his superior lineage.)

(b)

Support (Rav Ashi - the next Mishnah): If he was Mekadesh 'on condition that I am a Kohen', and he was found to be a Levi', or vice-versa, or 'on condition that I am a Nasin' (a descendant of the Giv'onim, one of the seven Kena'ani nations), and he was found to be a Mamzer', or vice-versa, she is not Mekudeshes;

1.

R. Shimon does not argue!

(c)

Question (Mar bar Rav Ashi - Seifa): If he said 'on condition that I have a Megudeles (adult) daughter or Shifchah', and he does not have, or vice-versa (she is not Mekudeshes).

1.

A Shifchah is monetary. Surely R. Shimon argues (in a case of Shevach, i.e. he really has one)!

2.

Rather, since R. Shimon argued in our Mishnah, we know that he argues in the next Mishnah.

3.

We can say the same about Shevach lineage!

(d)

Answer #1: The comparison is faulty!

1.

Regarding monetary Shevach, since he argued in our Mishnah, surely he argues in the next Mishnah;

2.

If he argues also about Shevach lineage, the Mishnah must teach this!

(e)

Answer #2: The case of the Shifchah is also a case of Shevach lineage. 'Megudeles' means she is esteemed (Rashi; Tosfos - a hairdresser). Such a slave can spread stories about her master's wife!

3)

HOW MUCH IS EXPECTED? [line 34]

(a)

(Beraisa): If one was Mekadesh 'on condition that I am a Karaina (one who reads the Torah in the Beis ha'Keneses)', if he has read three verses of the Torah for the Tzibur, she is Mekudeshes;

(b)

Rebbi Yehudah says, he must read and translate three verses.

1.

Question: One may not give his own translation!

i.

(Beraisa - Rebbi Yehudah): If one translates a verse according to the simple meaning of the words, he is a falsifier. If he adds on, he blasphemes!

2.

Answer: Rebbi Yehudah means that he recites the received translation (of Unkelos).

(c)

If he said 'on condition that I am a Kara', she is Mekudeshes only if he is proficient at reading all of written Torah.

(d)

(Chizkiyah): If he said 'in condition that I am Shoneh (learn)', he must learn Halachos;

(e)

(R. Yochanan): He must learn Torah.

(f)

Question (Beraisa - R. Meir): 'Mishnah' refers to Halachos;

1.

Rebbi Yehudah says, it refers to Medrash. (R. Yochanan is unlike either Tana!)

49b----------------------------------------49b

(g)

Answer: R. Yochanan meant that he must learn Torah, i.e. Medrash (expositions of) Torah.

(h)

This (argument of Chizkiyah and R. Yochanan) is only when he said "I learn." If he said 'on condition that I am a Tana', he must be able to recite Halachos, Sifra, Sifri (the Halachic Midrashim on Vayikra, and on Bamidbar and Devarim), and Tosefta.

(i)

If he said 'on condition that I am a Talmid', he need not be as great as Ben Azai. It suffices if he knows something well enough that he can answer questions on it, even tractate 'Kalah' (a long Beraisa).

(j)

If he said 'on condition that I am a Chacham' he need not be like Chachamim of Yavneh, like R. Akiva and his colleagues;

1.

It suffices if he can answer a question based on reasoning, in any place.

(k)

If he said 'on condition that I am mighty', he need not be like Avner or Yo'av (the chief generals of Sha'ul and David). Rather it suffices if people fear him.

(l)

If he said 'on condition that I am rich', he need not be as rich as R. Eliezer ben Charsom or R. Eliezer ben Azaryah;

1.

It suffices if he is honored in his city like a rich man.

(m)

If he said 'on condition that I am a Tzadik', even if he is (established to be) an absolute Rasha, she is (Safek) Mekudeshes, perhaps he repented in his heart.

(n)

If he said 'on condition that I am a Rasha, even if he is (established to be) a perfect Tzadik, she is (Safek) Mekudeshes. Perhaps he served idolatry in his heart.

4)

GIFTS SHARED AMONG THE WORLD [line 20]

(a)

Ten measures of Chochmah came to the world. Eretz Yisrael received nine, the rest of the world received one.

(b)

Ten measures of beauty came to the world. Yerushalayim received nine, and the rest of the world received one.

(c)

Ten measures of wealth came to the world. Romi received nine, and the rest of the world received one.

(d)

Ten measures of poverty came to the world. Bavel received nine, and the rest of the world received one.

(e)

Ten measures of haughtiness came to the world. Eilam received nine, and the rest of the world received one.

(f)

Question: Haughtiness descended to Bavel!

1.

"Two women... there was wind in their wings... carried the Eifah between the ground and Heaven... they are carrying it to Shin'ar (Bavel) to build for it a house."

i.

(R. Yochanan): They were carrying flattery and haughtiness, which descended to Bavel.

(g)

Answer: Indeed, it descended to Bavel. From Bavel, nine tenths went to Eilam.

1.

Support: It says "to build for it a house." (The house was not built, for it did not stay. Alternatively, we learn from "Lah", which is written without a Mapik (dot in the) Hei.)

(h)

Objection: We learned that poverty is a sign of haughtiness, and poverty is in Bavel!

(i)

Answer: That teaching refers to poverty in Torah;

1.

(R. Yochanan): "We have a young sister, she has no breasts" refers to Eilam, which merited to learn Torah, but not to teach it.

(j)

Ten measures of strength came to the world. The Persians received nine;

(k)

Ten measures of lice came to the world. Madai received nine;

(l)

Ten measures of witchcraft came to the world. Mitzrayim received nine;

(m)

Ten measures of plagues came to the world. Pigs received nine;

(n)

Ten measures of lewdness came to the world. Araviya received nine;

(o)

Ten measures of brazenness came to the world. Meishan received nine;

(p)

Ten measures of speech came to the world. Women received nine;

(q)

Ten measures of drunkenness came to the world. Kushim received nine;

(r)

Ten measures of sleep came to the world. Slaves received nine, and the rest of the world received one.

5)

MISTAKEN KIDUSHIN [line 45]

(a)

(Mishnah): In the following cases, she is not Mekudeshes:

1.

He said 'on condition that I am a Kohen', and he was found to be a Levi, or vice-versa;

2.

He said 'on condition that I am a Nasin', and he was found to be a Mamzer, or vice-versa;

3.

He said 'on condition that I dwell in a (medium) city', and he was found to dwell in a great city, or vice-versa;

4.

He said 'on condition that my house is close to the bathhouse', and it was found to be far, or vice-versa;

5.

He said 'on condition that I have a daughter or Shifchah Megudeles', and he was found not to have, or vice-versa;

6.

He said 'on condition that I have no children', and he was found to have, or vice-versa.

(b)

In all these cases, even if she says 'I intended to be Mekudeshes to him even if it was false', she is not Mekudeshes;

1.

The same applies when she tricked him.

(c)

(Gemara): A man sold his property, intending to settle in Eretz Yisrael. He did not say this at the time of the sale.

1.

(Rava): (Unspoken) thoughts in the heart have no bearing in law.