12th CYCLE DEDICATION
GITIN 6 - Dedicated by Yeshayahu Schmidt of Clifton, New Jersey, and family, so that the Zechus of teaching Torah to Klal Yisrael may bring them good health and the fulfillment of all of their material needs, enabling them to continue dedicating their energy to Torah and Mitzvos. May Hashem bestow upon them in this world and the next the unlimited Berachah of those who support Torah joyfully!

1)

(a)The Beraisa cites two cases regarding the Shali'ach of a Get: one, when he was in the house whilst the Get was being written in the attic, or vice-versa. What is the other?

(b)How can the Shelichus be valid in the first case, considering that the Shali'ach did not actually see the Get being written?

(c)Seeing as in the first case, where the Shali'ach does not see the Get being written at all, his Shelichus is valid, then it should be obvious that it is valid in the second case of Nichnas v'Yotzei, and the Tana would not have needed to insert it. How do we therefore establish the case of Nichnas v'Yotzei? Who is Nichnas v'Yotzei?

(d)What is then the Chidush?

1)

(a)The Tana of the Beraisa cites two cases regarding the Shali'ach of a Get: one, when he was in the house whilst the Get was being written in the attic, or vice-versa - the other, when he was Nichnas v'Yotzei (entered the room from time to time and left again).

(b)The Shelichus is valid in the first case, despite the fact that the Shali'ach did not actually see the Get being written - because hearing the scratching of the pen writing the Get is sufficient, as Rav Ashi just taught.

(c)Seeing as in the first case, where the Shali'ach does not see the Get being written at all, his Shelichus is valid, then it should be obvious that it is valid in the second case of Nichnas v'Yotzei, and the Tana should not have inserted it. So we establish the case of Nichnas v'Yotzei (not by the Shali'ach, but) - by the Sofer himself, who keeps leaving the unfinished Get to go out into the street before continuing with the writing.

(d)The Chidush is - that we do not suspect him of meeting someone outside, whose name and that of his wife happen to tally with the names of the couple on whose behalf the Shali'ach is acting, and then completing writing the Get in their names.

2)

(a)Rav considers Bavel like Eretz Yisrael regarding Gitin. What does this mean?

(b)What does Shmuel say?

(c)How do we initially attempt to establish the basis of their Machlokes?

(d)On what grounds do we refute this proposition?

2)

(a)When Rav says that he considers Bavel like Eretz Yisrael regarding Gitin, he means - that the Sofrim are experts in Lishmah like those of Eretz Yisrael (and that someone who brings a Get from Bavel is not required to say 'be'Fanai Nichtav ... '.

(b)According to Shmuel - Bavel is like the rest of Medinas ha'Yam, where they are not experts.

(c)Initially, we attempt to establish the basis of their Machlokes - like that of Rabah and Rava. Rav holds like Rabah ('Einan Beki'in Lishmah') and Shmuel like Rava ('Ein Edim Metzuyin Lekaymah', which will apply in Bavel no less than anywhere else in Medinas ha'Yam).

(d)We refute this proposition however - on the grounds that as we already learned, 'Rabah agrees with Rava', in which case Rav ought to have agreed that 'be'Fanai Nichtav ... ' is necessary, even regarding a Get that is brought from Bavel.

3)

(a)We conclude that both Rav and Shmuel hold like Rava, and that their dispute is connected with the many Yeshivos in Bavel. What exactly is the basis of their Machlokes?

(b)We support this explanation with a statement by Rebbi Aba Amar Rav Huna. What did he mean when he declared 'Asinu Atzmeinu b'Bavel k'Eretz Yisrael l'Gitin mi'Chi Asa Rav l'Bavel'?

(c)How do we reconcile this with the fact that the Yeshivah in Neherda'a had been in existence since the time of Galus Yechonyah?

3)

(a)We conclude that both Rav and Shmuel hold like Rava, and that their dispute is connected with the many Yeshivos in Bavel. According to Rav, the fact that there are a number of Yeshivos in Bavel means that there are Talmidim traveling from one to the other, which in turn, ensures that there are always witnesses available to substantiate the Get; whereas Shmuel maintains that the Talmidim are engrossed in their studies, and will not therefore recognize the witnesses' signatures.

(b)We support this explanation with a statement by Rebbi Aba Amar Rav Huna, who declared 'Asinu Atzmeinu b'Bavel k'Eretz Yisrael l'Gitin mi'Chi Asa Rav l'Bavel' - meaning that it was only after Rav arrived in Bavel and established a Yeshivah in Sura that they adopted the Din of Eretz Yisrael (and negated the need to declare 'be'Fanai Nichtav ... ' there) ...

(c)... because, even though the Yeshivah in Neherda'a had been in existence since the time of Galus Yechonyah - they only began to travel extensively when Rav established a second Yeshivah in Sura.

4)

(a)How did they know that Bavel lay north of Eretz Yisrael (even in those days, when they had no maps)?

(b)Rebbi Yehudah in our Mishnah states that from Acco and northwards (including Acco itself) has the Din of Medinas ha'Yam. What problem does the opinion of Rebbi Meir, who precludes Acco, create for Rebbi Aba Amar Rav Huna ('Asinu Atzmeinu b'Bavel ... ')?

(c)Rebbi Yirmeyahu posed the Kashya. How did he himself answer it?

4)

(a)Even in those days when they had no maps, they knew that Bavel lay north of Eretz Yisrael - because of the Pasuk in Yirmeyahu "Vayomer Hash-m Eilai mi'Tzafon Tipasach ha'Ra'ah".

(b)Rebbi Yehudah in our Mishnah states that from Acco and northwards (including Acco itself) has a Din of Medinas ha'Yam. The opinion of Rebbi Meir, who considers Acco like Eretz Yisrael, creates the problem for Rebbi Aba Amar Rav Huna ('Asinu Atzmeinu b'Bavel ... ') - because Rebbi Meir seems to preclude any other town north of the border, including those in Bavel, from his statement.

(c)Rebbi Yirmeyahu posed the Kashya, and he himself answers that - in fact, the Lashon of Rebbi Meir is not totally exclusive. It comes to exclude north of Eretz Yisrael generally, but does not mean that there are no exceptions (such as the towns of Bavel).

5)

(a)According to Rav Papa, the area of Bavel regarding Gitin is the same as that of Bavel regarding Yuchsin, which, in turn, is subject to a Machlokes. What is the significance of 'Yuchsin' in this regard?

(b)In Rav Yosef's opinion, the Machlokes by Yuchsin does not extend to Gitin, and Bavel reaches as far as 'Arba Tinyana d'Gishra'. What does 'Arba Tinyana d'Gishra' mean?

(c)Rav Chisda requires 'be'Fanai Nichtav' by a Get that a Shali'ach brought from Aktispun to Bei Ard'shir, but not vice-versa. Is this because he holds like Rabah, and whereas the Sofrim of Aktispun are not expert in Lishmah, the Sofrim of Bei Ardeshir are?

(d)Since we conclude that Rav Chisda holds like Rava, why does he then make this distinction?

5)

(a)According to Rav Papa, the area of Bavel regarding Gitin is the same as that of Bavel regarding Yuchsin, which, in turn, is a subject to a Machlokes. The significance of 'Yuchsin' in this regard is - that whereas, compared to Eretz Yisrael, all other countries are considered impure (as regards Yichus [i.e. choosing which family to marry into]), even Eretz Yisrael is considered impure as compared to Bavel.

(b)In Rav Yosef's opinion, the Machlokes by Yuchsin does not extend to Gitin, and Bavel reaches as far as 'Arba Tinyana d'Gishra' - which means 'the second willow-tree from the bridge'.

(c)Rav Chisda required 'be'Fanai Nichtav' by a Get that a Shali'ach brought from Aktispun to Bei Ard'shir, but not vice-versa. This cannot be because he holds like Rabah, and whereas the Sofrim of Aktispun are not expert in Lishmah, the Sofrim of Bei Ardeshir are - because we have already stated on numerous occasions that everyone holds like Rava, so why should a Shali'ach who brought a Get from Bei Ardeshir not need to say 'be'Fanai Nichtav ... '?

(d)Despite the fact that Rav Chisda holds like Rava, he nevertheless makes this distinction - because even though the people of Bei Ardeshir travel regularly to Aktispun, they travel on business, make their purchases on credit, and leave their documents with the residents of Aktispun. Consequently, the people of Aktispun recognize the signatures of the Bei Ardeshir (and Gitin that are brought from Bei Ardeshir to Aktispun would not therefore require 'be'Fanai Nichtav ... '), but not vice-versa.

6)

(a)Rabah bar Avuhah requires 'be'Fanai Nichtav ... ' even from one row of houses to the row of houses on the opposite side of the street. Rav Sheshes required it from one Shechunah to another. What constitutes a Shechunah?

(b)Rava is the most stringent of all. What does he say?

(c)How do we reconcile this with Rava himself, who says 'Lefi she'Ein Edim Metzuyin Lekaymo'? Why would there be a problem with finding witnesses from one house in a Shechunah to another?

6)

(a)Rabah bar Avuhah required 'be'Fanai Nichtav ... ' even from one row of houses to the row of houses on the opposite side of the street. Rav Sheshes required it from one Shechunah to another Shechunah - comprising three houses.

(b)Rava is the most stringent of all - and requires 'be'Fanai Nechtam ... ' even from one house in a Shechunah to another.

(c)We reconcile this with Rava himself, who says 'Lefi she'Ein Edim Metzuyin Lekaymo'. Even according to him, there would be a problem with finding witnesses from one house in a Shechunah to another - because the people of Mechoza (Rava's town) traveled a lot on business, and were therefore not acquainted with each other's signatures (see Tosfos DH 'Sha'ani').

7)

(a)When Rav Kahana once brought the case of a Get that a Shali'ach had brought from Sura to Neherda'a (or vice-versa) before Rav, what did Rav rule?

(b)What did Rav mean when he added 've'I Avdis Ahanis'?

7)

(a)When Rav Kahana once brought the case of a Get that a Shali'ach had brought from Sura to Neherda'a (or vice-versa) before Rav - Rav ruled that it was not necessary to declare 'be'Fanai Nichtav ... ', because he considered Bavel to be like Eretz Yisrael (as we learned earlier).

(b)When Rav added 've'I Avdis Ahanis', he meant - that if he would nevertheless say it, it would be to the woman's advantage, because it would obviate the need to find witnesses, should her husband later claim that the Get was a forgery.

6b----------------------------------------6b

8)

(a)Where is Kfar Sisa'i? Next to which town is it close?

(b)What objection did Rebbi Ila'i therefore raise when Rebbi Yishmael instructed a Shali'ach who brought a Get from Kfar Sisa'i to declare 'be'Fanai Nichtav ... '?

(c)Why can we not answer that the Rabanan who argue with Rebbi Meir with regard to Acco, will argue with him with regard to Kfar Sisa'i too?

(d)Why was Rebbi Yishmael not perturbed by Rebbi Ila'i's Kashya? How do we then justify it?

8)

(a)Kfar Sisa'i is - close to Eretz Yisrael, and Muvla b'Soch ha'Techum of Tzipori (more so than Acco to Eretz Yisrael).

(b)When Rebbi Yishmael instructed a Shali'ach who brought a Get from Kfar Sisa'i to declare 'be'Fanai Nichtav ... ', Rebbi Ila'i objected on the grounds that - if Rebbi Meir considered Acco part of Eretz Yisrael, then certainly Kfar Sisa'i should be considered part of Eretz Yisrael (and 'be'Fanai Nichtav ... ' should not therefore be necessary).

(c)We cannot answer that the Rabanan who argue with Rebbi Meir with regard to Acco, will argue with him with regard to Kfar Sisa'i too - because, quite to the contrary, since they only argue with him regarding Acco, we can infer that they will agree with him by any town that is closer than Acco.

(d)Rebbi Yishmael however, was not perturbed by Rebbi Ila'i's Kashya - because he had specifically stated (that he only advised the Shali'ach to declare 'be'Fanai Nichtav ... ') 'in order to obviate the need to look for witnesses later (and not because it was obligatory to do so).

9)

(a)What reason did Rav Chisda give to explain Rebbi Evyasar, who said that a Shali'ach who brings a Get from Eretz Yisrael to Bavel does not need to say 'be'Fanai Nichtav ... '?

(b)Besides querying Rebbi Evyasar's reliability, what other problem did Rav Yosef have with him? Which incident was Rebbi Evyasar referring to?

(c)What was Rebbi Evyasar referring to when he quoted the Pasuk concerned?

9)

(a)Rav Chisda gives Rebbi Evyasar's reason, who said that a Shali'ach who brought a Get from Eretz Yisrael to Bavel does not need to say 'be'Fanai Nichtav ... ' - as being the large crowds of people who were constantly traveling from one to the other.

(b)Besides querying Rebbi Evyasar's reliability, Rav Yosef also cites the incident - where he wrote the Pasuk "va'Yitnu Es ha'Yeled b'Zonah, v'Es ha'Yaldah Machru ba'Yayin" without making Sirtut (lines scratched onto the parchment, to straighten the script (and make it more beautiful).

(c)When Rebbi Evyasar quoted that Pasuk - he was referring to the people who used to travel from Bavel to Eretz Yisrael, leaving their wives Agunos for long periods, and negating the Mitzvah of 'Peru u'Rvu'.

10)

(a)According to Rebbi Yitzchak, one is permitted to write two words without Sirtut, but not three. What does the Beraisa say?

(b)On what grounds did Abaye ...

1. ... query Rav Yosef regarding his problem with Rebbi Evyasar? In which case would he have conceded to Rav Yosef?

2. ... prove the latter's reliability?

(c)According to Rebbi Evyasar, the husband of the 'Pilegesh b'Giv'ah' was angry with his wife because he found a fly in the soup. What does Rebbi Yonasan say?

(d)What did Eliyahu reply when, after informing Rebbi Evyasar that Hash-m cited his opinion and the opinion of Rebbi Yonasan regarding Pilegesh b'Giv'ah, Rebbi Evyasar asked how it was possible for Hash-m to have doubts?

10)

(a)According to Rebbi Yitzchak, one is permitted to write two words without Sirtut, but not three; according to the Beraisa - three, but not four.

(b)Abaye ...

1. ... queried Rav Yosef regarding his problem with Rebbi Evyasar - inasmuch as it is not because someone is not conversant with all the Halachos, that he is not a great man. He would have conceded to him had it been a question of Sevara, but not having heard what R. Yitzchak said does not detract from his greatness.

2. ... prove the latter's reliability - inasmuch as Hash-m agreed with his opinion, as we shall now see.

(c)According to Rebbi Evyasar, the husband of the 'Pilegesh be Giv'ah' was angry with his wife because he found a fly in the soup. Rebbi Yonasan says - that he found a hair by the Makom Ervah (which it was customary to shave in those days).

(d)After informing Rebbi Evyasar that Hash-m cited his opinion and the opinion of Rebbi Yonasan regarding Pilegesh b'Giv'ah, Rebbi Evyasar asked him how it was possible for Hash-m to have doubts. Eliyahu replied that Hash-m did not have doubts, and that in fact, both were right. He first found a fly in the soup and was not angry, and then a hair.

11)

(a)According to Rav Yehudah, he found the fly in his soup and the hair by the Makom Ervah, as we explained. What do others say?

(b)Why did the husband of the Pilegesh b'Giv'ah only become angry after he found the hair, according to ...

1. ... Rav Yehudah?

2. ... the second opinion?

(c)What important lesson can we learn from this incident?

11)

(a)According to Rav Yehudah, he found the fly in his soup and the hair by the Makom Ervah as we explained. Others say that he found the hair in his soup too.

(b)The husband of the Pilegesh b'Giv'ah only become angry after he found the hair, according to ...

1. ... Rav Yehudah - because of the element of danger (of making him a K'rus Shafchah) that the hair contained.

2. ... others - because whereas his wife could not be held responsible for a live fly falling into the soup, the hair was entirely her fault (similar to the explanation as to why the chief butler was restored to his post whilst the chief baker was hanged).

(c)We can learn from this incident - that it is not worthwhile using strong-arm tactics in one's home (but should rather be flexible).

12)

(a)Rav Yehudah Amar Rav warns that someone who does use strong-arm tactics in his home will ultimately transgress three major sins. Which sins?

(b)How will he transgress ...

1. ... adultery?

2. ... murder?

3. ... Chilul Shabbos?

(c)Which three things does the Tana in the Mishnah in Shabbos list that a person should say to his wife on Erev Shabbos shortly before dusk?

(d)Rabah bar bar Chanah offered some good advice regarding this Mishnah. Rav Ashi came to the same conclusion of his own volition. What was the good advice?

12)

(a)Rav Yehudah Amar Rav warns that someone who does use strong-arm tactics in his home will ultimately transgress three major sins - adultery, murder and Chilul Shabbos.

(b)He will transgress ...

1. ... adultery - by causing his wife to be too scared to admit that she did not Tovel because of the cold.

2. ... murder - as we see by Pilegesh b'Giv'ah, or by terrorizing his wife until she runs away to hide, and, in her haste to escape, she falls into a deep pit or off a bridge and is killed.

3. ... Chilul Shabbos - because sometimes, she will not have managed to kindle the Shabbos lights or to cook the food in time for Shabbos, and fearing the consequences, she will do it after Shabbos has already entered.

(c)The three things that the Tana in the Mishnah in Shabbos lists that a person should say to his wife on Erev Shabbos shortly before dusk are - 'Have you separated Ma'asros?' 'Did you arrange Eruv Chatzeiros?' and 'Kindle the Shabbos lights!'

(d)Rabah bar bar Chanah offered some good advice regarding this Mishnah. Rav Ashi came to the same conclusion of his own volition - namely, to say these things gently, thereby encouraging his wife to accept them from him.

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