1)

(a)What does Abaye say with regard to the opinions of Rebbi Shimon, Raban Shimon ben Gamliel and Rebbi Elazar concerning the principle of 'Mar'eh Makom Hu Lo'?

(b)What is his source for inserting Rebbi Shimon in the list?

1)

(a)Abaye states that Rebbi Shimon, Raban Shimon ben Gamliel and Rebbi Elazar all hold of the principle of 'Mar'eh Makom Hu Lo'.

(b)His source for inserting Rebbi Shimon in the list is the Beraisa that we just learned on the previous Amud.

2)

(a)Abaye's source for Raban Shimon ben Gamliel is a Beraisa which discusses Get Pashut and Get Mekushar. What are the major differences between a Get Pashut and a Get Mekushar? In what way is the latter different?

(b)Why did Chazal institute a Get Mekushar?

(c)The Tana Kama of the Mishnah in Bava Basra invalidates a Get Pashut whose witnesses signed on the outside and a Get Mekushar whose witnesses signed on the inside. What does Rebbi Chanina ben Gamliel say?

(d)On what grounds do the Rabanan disagree with Rebbi Chanina ben Gamliel?

2)

(a)Abaye's source for Raban Shimon ben Gamliel is a Beraisa which discusses Get Pashut and Get Mekushar, which differs from a Get Pashut inasmuch as the Get begins with a blank line and that (at least three or four times) one leaves every second line of the Sh'tar blank. The witnesses are obligated to sign at the back of each blank space, and after folding the blank line over the next line of writing, each fold is subsequently stitched.

(b)Chazal instituted a Get Mekushar for the benefit of the Kohanim, who tended to be short-tempered, and would sometimes divorce their wives hastily. Then, when their tempers had cooled down, they would be sorry, too late, since they could no longer take them back. So Chazal instituted a Get Mekushar, which took a long time to write, providing them with the required cooling down period, during which they were able to retract.

(c)The Tana Kama of the Mishnah in Bava Basra invalidates a Get Pashut whose witnesses signed on the outside and a Get Mekushar whose witnesses signed on the inside. According to Rebbi Chanina ben Gamliel if the witnesses signed on the inside of a Get Mekushar, the Get is Kasher, since all that is needed is not to stitch the folds and it will become a Get Pashut (nor will the blank spaces invalidate the Get see Tosfos DH 'she'Yachol').

(d)The Rabbanan disagree with Rebbi Chanina ben Gamliel. In their opinion a Get Mekushar cannot become a Get Pashut, because they say, a Get Mekushar is dated for the following year, and a Get Pashut, for the current one.

3)

(a)Raban Shimon ben Gamliel rules 'ha'Kol k'Minhag ha'Medinah'. What problem do we have with this? Why can it not be understood literally?

(b)What will therefore be the Din in a case where the Minhag ha'Medinah is to write a Get Pashut, and the Shali'ach wrote a Get Mekushar, or vice-versa, and gave it to the woman?

(c)How does Rav Ashi (or Abaye) then establish the Machlokes between the Tana Kama and Raban Shimon ben Gamliel?

(d)The Tana Kama in the Mishnah in Gitin rules that if a woman asks her Shali'ach to receive her Get from a specified location and he received it elsewhere, she is not divorced. What does Rebbi Elazar say? Why do we cite this Beraisa here?

3)

(a)Raban Shimon ben Gamliel rules 'ha'Kol ke'Minhag ha'Medinah'. The problem with understanding this literally is that 'ha'Kol ke'Minhag ha'Medinah' is generally an accepted principle, and there are no grounds for the Rabbanan to disagree.

(b)Consequently, in a case where the Minhag ha'Medinah is to write a Get Pashut and the Shali'ach wrote a Get Mekushar, or vice-versa, and gave it to the woman the Get will be Pasul, according to all everybody.

(c)Rav Ashi (or Abaye) establishes the Machlokes between the Tana Kama and Raban Shimon ben Gamliel in a case where both Minhagim are prevalent, and the man instructed the Shali'ach to write a Get Pashut. The Rabbanan hold that he meant exactly what he said, and that if the Shali'ach subsequently writes a Get Mekushar, it is invalid; whereas according to Raban Shimon ben Gamliel, it is Kasher, because of the principle 'Mar'eh Makom Hu Lo' (seeing as he did not contravene the Minhag).

(d)The Tana Kama in the Mishnah in Gitin rules that if a woman asks her Shali'ach to receive her Get from a specified location and he received it elsewhere, she is not divorced. According to Rebbi Elazar she is, because (like Rabbi Shimon and Raban Shimon ben Gamliel), he holds 'Mar'eh Makom Hu Lo', as Abaye said).

4)

(a)Ula explains that when Rebbi Shimon says in our Mishnah 'Im Hit'ah li'Shevach, Mekudeshes', he is speaking about Sh'vach Mamon, but not Sh'vach Yuchsin. What is Sh'vach Yuchsin?

(b)What is the reason for Ula's statement?

(c)We cite a Beraisa in support of Ula. How does Rav Ashi prove it further from the Seifa of our Mishnah (on the following Amud) 'Al-Menas she'Ani Kohen, v'Nimtza Levi ... , Nasin v'Nimtza Mamzer ... '? What does the Tana there rule?

4)

(a)Ula explains that when Rebbi Shimon says in our Mishnah 'Im Hit'ah li'Shevach, Mekudeshes', he is speaking about Sh'vach Mamon, but not Sh'vach Yuchsin (where, for example. she agreed to marry him on the understanding that he was a Mamzer (which is a P'sul d'Oraysa), and he turned out to be a Nasin (from the Giv'onim, whom Yehshua appointed as wood-choppers and water-drawers, and whom David subsequently forbade to marry into the community).

(b)The reason for this is because we assume that she specifically wanted him to be a Mamzer, so that he should be humble, and not treat her with contempt.

(c)We cite a Beraisa in support of Ula. Rav Ashi proves it further from the Seifa of our Mishnah (on the following Amud) 'al-M'nas she'Ani Kohen, ve'Nimtza Levi ... , Nasin ve'Nimtza Mamzer ... Einah Mekudeshes' from the fact that Rebbi Shimon doesn't argue with that.

5)

(a)Mar bar Rav Ashi counters his father's proof from the Seifa, which also inserts the case 'Al-Menas she'Yesh Li Bas O Shifchah Megudeles, v'Ein Lo ... Al-Menas she'Ein Lo v'Yesh Lo'. What does he extrapolate from there?

(b)How do we refute Mar bar Rav Ashi's counter proof (even assuming that 'Al-Menas she'Yesh Li Bas O Shifchah Megudeles' is indeed Sh'vach Mamon, as Mar thought)?

(c)Alternatively, we establish that case too, to be Sh'vach Yuchsin. How is that the case?

5)

(a)Mar bar Rav Ashi counters his father's proof from the Seifa, which also inserts the case 'al-M'nas she'Yesh Li Bas O Shifchah Megudeles, ve'Ein Lo ... , al-M'nas she'Ein Lo ve'Yesh Lo' (which is a case of Sh'vach Mamon (where we know that Rebbi Shimon argues) from which he extrapolates that the Tana did not find it necessary to repeat the fact that Rebbi Shimon argues, because he has already made his point in the Reisha. In that case, it appears that he does not differentiate between Sh'vach Mamon and Sh'vach Yuchsin, but argues in both cases.

(b)Even assuming that 'al-M'nas she'Yesh Li Bas O Shifchah Megudeles' is indeed Sh'vach Mamon, as Mar thought, we counter Mar Rav Ashi's counter proof by distinguishing between Sh'vach Mamon, where it is unnecessary to repeat the fact that Rebbi Shimon argues, and Sh'vach Yuchsin, where, if he does argue, the Tana should have told us so.

(c)Alternatively, we establish that case too, to be Sh'vach Yuchsin because 'Shifchah Megudeles' (a grown-up Shifchah) really reads as 'Shifchah Gadeles' (an important Shifchah), whom the woman does not want, because she will gossip with the neighbors, revealing everything she says, making her look a fool in their eyes.

6)

(a)According to the Tana Kama of the Beraisa, what are the minimum requirements for a man who stipulates that he is a 'Karyana'?

(b)Why is it necessary to interpret Rebbi Yehudah's statement 'ad she'Yikra vi'Yetargem' to mean that he must also have given Unklus' translation? What did Rebbi Yehudah himself say about someone who translates Pesukim literally not according to Unklus' translation ...

1. ... but detracts from it?

2. ... but adds to it?

(c)What distinction do we draw between a 'Karyana' and a 'Kara'?

6)

(a)According to the Tana Kama of the Beraisa, the minimum requirements for a man who stipulates that he is a 'Karyana' are to have Leined three Pesukim in Shul (in those days, whoever was called up to the Torah would Lein).

(b)It is necessary to interpret Rebbi Yehudah's statement 'ad she'Yikra vi'Yetargem' to mean that he must also have given Unklus' translation, because Rebbi Yehudah himself stated that someone who translates Pesukim literally ...

1. ... detracting from Unklus' translation is a liar.

2. ... adding to it reviles Hash-m and insults Him.

(c)We confine this Halachah to someone who stipulates that he is a 'Karyana', but if he used he term 'Kara' then he is expected to be an expert in Torah, Nevi'im and Kesuvim.

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

7)

(a)According to Chizkiyah, if he stipulates that he is 'Shoneh', he must know Halachos l'Mosheh mi'Sinai (according to the Rif, 'Shoneh' means Mishnah). What does Rebbi Yochanan say?

(b)Rebbi Meir in a Beraisa, interprets 'Mishnah' as Halachos (l'Moshe mi'Sinai). What does Rebbi Yehudah mean when he says Medrash?

(c)How do we reconcile Rebbi Yochanan with the Beraisa?

(d)'Shoneh' is equivalent to 'Tanina'. What is he expected to know if he stipulates 'Al Menas she'Ani Tana'?

7)

(a)According to Chizkiyah, if he stipulates that he is 'Shoneh', he must know Halachos le'Mosheh mi'Sinai (according to the Rif, 'Shoneh' means Mishnah). Rebbi Yochanan says that he must know the written Torah.

(b)Rebbi Meir in a Beraisa, interprets 'Mishnah' as Halachos (le'Moshe mi'Sinai). Rebbi Yehudah says Medrash meaning Sifra (on Vayikra) and Sifri (on Bamidbar and Devarim).

(c)We reconcile Rebbi Yochanan with the Beraisa by interpreting Torah to mean Medrash Torah.

(d)'Shoneh' is equivalent to 'Tanina'. If he stipulates 'al M'nas she'Ani Tana' he is expected to know Halachos, Sifra, Sifri and Tosefta.

8)

(a)What is expected of a man who stipulates that he is ...

1. ... a Talmid?

2. ... a Chacham?

3. ... strong?

4. ... a wealthy man?

(b)Who are quoted as being ...

1. ... the ideal Talmidim?

2. ... the Chachmei Yavneh?

3. ... the epitome of strength?

(c)On what grounds is the woman (Safek) betrothed if the man stipulates that he is ...

1. ... a Tzadik, and turns out to be a Rasha?

2. ... a Rasha, and turns out to be a Tzadik?

(d)What did Rebbi Elazar ben Charsum and Rebbi Elazar ben Azaryah have in common?

(e)The former was left by his father a thousand ships and a thousand towns. How many calves would the latter Ma'aser annually?

8)

(a)A man who stipulates that he is ...

1. ... a Talmid is expected to be able to quote a Halachah in whichever Masechta he is learning (even if he is currently learning Maseches Kalah, which is relatively easy).

2. ... a Chacham is expected to be able to say a Sevara to explain what he has learned.

3. ... strong must instill fear into the hearts of his friends.

4. ... a wealthy man must be sufficiently wealthy for the people of his town to honor him for his wealth.

(b)Those who are quoted as being ...

1. ... the ideal Talmidim are ben Azai and ben Zoma (When ben Azai died, Chazal say in Sotah, diligence died with him).

2. ... the Chachmei Yavneh are Rebbi Akiva and his colleagues.

3. ... the epitome of strength are Avner ben Ner and Yo'av ben Tzeruyah.

(c)The woman is (Safek) betrothed if the man stipulates that he is ...

1. ... a Tzadik, and turns out to be a Rasha because he may have done Teshuvah.

2. ... a Rasha, and turns out to be a Tzadik because he may have had idolatrous thoughts in his heart (of which nobody was aware).

(d)What Rebbi Elazar ben Charsum and Rebbi Elazar ben Azaryah had in common that they were both extremely wealthy

(e)The former was left by his father a thousand ships and a thousand towns. The latter would Ma'aser twelve thousand calves from his herd annually.

9)

(a)Nine of the ten Kabin of wisdom that came into the world went to Eretz Yisrael, and of beauty, to Yerushalayim. Who took nine tenths of the world's ...

1. ... wealth?

2. ... poverty?

3. ... conceit?

(b)How do we reconcile this with Rebbi Yochanan, who, explaining a Pasuk in Zecharyah, states that flattery and conceit went to Bavel?

(c)We extrapolate this from the Lashon of the Pasuk, which, speaking about the two women, goes on to say "Livnos Lah Bayis" (in the singular, implying that one of the two (conceit) did not remain there. How else might we extrapolate it from there?

(d)What do we then mean when we say 'Siman l'Gasus, Aniyus', seeing as we just said that poverty went to Bavel, and conceit, to Eilam?

9)

(a)Nine of the ten Kabin of wisdom that came into the world went to Eretz Yisrael, and of beauty, to Yerushalayim. Nine tenths of ...

1. ... the world's wealth was taken by Rome.

2. ... its poverty by Bavel, and of ...

3. ... conceit by Eilam (neighbors of Bavel).

(b)We reconcile this with Rebbi Yochanan, who, explaining a Pasuk, states that flattery and conceit went to Bavel by pointing out that, although conceit initially went to Bavel, it moved on from there to Eilam.

(c)We extrapolate this from the Lashon of the Pasuk, which, speaking about the two women, goes on to say "Livnos Lah Bayis" (in the singular), implying that one of the two (conceit) did not remain there. Alternatively we extrapolate it from the expression "Livnos", implying that the women wanted to build themselves a house (conceit), but did not actually manage to do it.

(d)We say 'Si'man le'Gasus, Aniyus', in spite of the fact that poverty went to Bavel and conceit, to Eilam because Aniyus (in this sense, refers to poverty in Torah [like in the principle 'Ein Ani Ela be'Da'as']), whereas the poverty that prevailed in Bavel refers to naterial poverty.

10)

(a)To whom does Rebbi Yochanan connect the Pasuk in Shir ha'Shirim "Achos Lanu Ketanah, v'Shadayim Ein Lah"? What do 'Shadayim' represent?

(b)What advantage in this respect, did Bavel enjoy over Eilam?

(c)Who were the leaders ...

1. ... of Eilam, who did not teach Torah?

2. ... of Bavel, who did?

(d)If the Persians took the lion's share of strength, and the Medes, of lice, who took the lion's share of ...

1. ... witchcraft?

2. ... leprosy?

3. ... immorality?

10)

(a)Rebbi Yochanan connects the Pasuk "Achos Lanu Ketanah, ve'Shadayim Ein Lah" to Eilam, whose leaders studied Torah, but failed to teach it (like breasts, which feed the baby milk, to which Torah is compared).

(b)The advantage in this respect, that Bavel enjoyed over Eilam was that they taught Torah there as well as learning it.

(c)The leaders of ...

1. ... Eilam, who did not teach Torah were Daniel and Mordechai.

2. ... Bavel, who did were Ezra and Nechemyah.

(d)If the Persians took the lion's share of strength, and the Medes, of lice, the one that took the lion's share of ...

1. ... witchcraft was Egypt.

2. ... leprosy was the pig.

3. ... immorality was Arabia.

11)

(a)What does the Tana mean when he says that Meishan took the bulk of Azus that came down to the world? What is 'Azus'?

(b)And who took the bulk of ...

1. ... chatter?

2. ... drunkenness?

3. ... sleep?

11)

(a)When the Tana says that Meishan took the bulk of Azus that came down to the world he means Mamzeirus (illegitimacy).

(b)The ones to take the bulk of ...

1. ... chatter were the women, of ...

2. ... drunkenness the Kushim, and of ...

3. ... sleep the Avadim.

12)

(a)Whether the man stipulated that he lived in a city or in a town, near the bathhouse or far from it, or that he had children or that he didn't, and the reverse is found to be true, the Kidushin is void. Why might living in a city be considered a disadvantage to living in a town?

(b)What if the woman subsequently declares that she had in mind to accept him anyway? Will she be betrothed?

(c)What will be the Din if it was the woman who issued the stipulation and the reverse is found to be true?

12)

(a)Whether the man stipulated that he lived in a city or in a town, near the bathhouse or far from it, or that he had children or that he didn't, and the reverse is found to be true, the Kidushin is void. Living in a city might be considered a disadvantage to living in a town due to the markets that abound there, which result in high prices, and because of the cramped space caused by the many travelers who frequent it.

(b)Even if the woman subsequently declares that she had in mind to accept him anyway she will not be betrothed (because she does not have the authority to negate his condition).

(c)If it was the woman who stipulated and the reverse is found to be true the Kidushin is void, just as it is when the man did.

13)

(a)What subsequently happened in the case of the man who sold his property with the intention of going to live in Eretz Yisrael?

(b)Seeing as he intended to sell it exclusively with that in mindt, Rava did not invalidate the sale?

13)

(a)In the case of the man who sold his property with the intention of going to live in Eretz Yisrael something happened to prevent his trip.

(b)Despite the fact that he intended to sell it exclusively with that that in mind, Rava did not invalidate the sale because of the principle 'Devarim she'ba'Leiv Einam Devarim' (seeing as he had not verbalized his intentions) ...