GITIN 14 (15 Teves) - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.

1)

(a)Rav Ashi suggests the reason that Ma'amad Sheloshtan applies even to a loan is because, due to the extended time period, the debtor gladly accepts the new creditor. But Rav Huna the grandson of Rav Nechemyah refutes this suggestion by referring to people the likes of Bei bar Elyashiv. What did they used to do?

(b)Why does this create a problem with Rav Ashi's explanation?

(c)Why should we not differentiate between the majority of people and people of the caliber of Bei bar Elyashiv?

1)

(a)Rav Ashi suggests the reason that Ma'amad Sheloshtan applies even to a loan is because, due to the extended time period, the debtor gladly obligates himself to the new creditor. But Rav Huna the grandson of Rav Nechemyah refutes this suggestion by referring to people the likes of Bei bar Elyashiv - who were tough guys, and who, in the above circumstances, would claim the money immediately (allowing no extension of the loan).

(b)This creates a problem with Rav Ashi's explanation - inasmuch as this would mean that whenever the third person belonged to that caliber of people, Ma'amad Sheloshtan would not apply (whereas in fact, no such distinction exists).

(c)We cannot differentiate between the majority of people and people of the caliber of Bei bar Elyashiv - because of the principle 'Im Kein, Nasata Devarecha l'Shi'urin' (Chazal did not make such distinctions in their decrees, applying them to some, but not to others).

2)

(a)So how does Mar Zutra finally explain Rav Huna Amar Rav? What is the reason for Ma'amad Sheloshtan?

(b)Who gives the Chachamim the right to institute Halachos without any real reason?

2)

(a)Mar Zutra finally explains - that Ma'amad Sheloshtan is not based on logic at all, but is 'ke'Hilchesa b'Lo Ta'ama' (as if it was a Halachah l'Moshe mi'Sinai).

(b)The right to institute Halachos without any real reason - is based on the principle 'Hefker Beis-Din Hefker' (the authority to transfer money from one person to another, whenever they see fit to do so).

3)

(a)What did Rav Yehudah Amar Shmuel say about someone who writes all his property to his wife?

(b)And what did Rav Chananyah say about someone who marries off his son in a house that belongs to him but in which he does not reside?

(c)What do these two Halachos have in common with Rav's Din of Ma'amad Sheloshton?

3)

(a)Rav Yehudah Amar Shmuel said that if someone writes all his property to his wife - he has appointed her a manager over it (though she does not acquire it).

(b)And Rav Chananyah said that if someone marries off his oldest son in a house that belongs to him but in which he does not reside - the son acquires the house.

(c)What these two Halachos have in common with Rav's Din of Ma'amad Sheloshtan is - that Mar Zutra lists all three under the heading of 'Hilchesa b'Lo Ta'ama'.

4)

(a)Having instructed the trustee (or the debtor) to hand the deposit (or the loan) to a third person, is the owner (or the creditor) permitted to retract?

(b)What did Rav deposit with Rav Acha Bard'la?

(c)What did Rav mean when, in the presence of the recipient, he instructed Rav Acha Bard'la to hand it to him, adding that he would not retract?

(d)Having already stated this with regard to someone who deposited (or lent) a Manah, why did he find it necessary to repeat it?

4)

(a)Having instructed the trustee (or the debtor) to hand the deposit (or the loan) to a third person, the owner (or the creditor) - is not permitted to retract.

(b)Rav deposited - a Kaba d'Morika (a Kav of spice called safflower) by Rav Acha Bard'la.

(c)When, in the presence of the recipient, Rav instructed Rav Acha Bard'la to hand it to him, adding that he would not retract, he meant that - since the third person was present, he could not retract even if he wanted to.

(d)Despite the fact that he had already stated this with regard to someone who deposited (or lent) a Manah, he nevertheless found it necessary to repeat it here - to teach us that, even a deposit as small as a Kav of Morika also requires the presence of the recipient to finalize the transaction.

5)

(a)One of a group of gardeners thought that he owed his colleagues five Istiri Zuzi. How much is that?

(b)What did his colleagues instruct him to do with the money?

(c)What did Rav Nachman initially rule when the gardener came before him (for permission to retract)?

(d)What made him change his mind?

5)

(a)One of a group of gardeners thought that he owed his colleagues five Istiri Zuzi - meaning five Sela Medinah (each of which is an eighth of a Sela Tzuri, or half a Dinar [see Rashash]).

(b)His colleagues instructed him to give the money to the owner of the land (for whom they worked).

(c)When the gardener came before Rav Nachman for permission to retract - he initially cited Rav's ruling of 'Ma'amad Sheloshtan', from which he could not retract. And besides, he pointed out, the gardeners had made a Kinyan, which further weakened his hand.

(d)He changed his mind however - when the gardener told him that he was not going back on the transaction, but that he did not owe them the money in the first place. Consequently, Rav Nachman absolved him from having to pay, because it was a Kinyan made in error.

6)

(a)Rav says that if one man asks another to take a Manah to his creditor, he remains responsible to replace it should anything happen to the money, yet he cannot retract. What does Shmuel say?

(b)If, as we suggest, their Machlokes as to whether he can retract or not is based on whether 'Holech Ki'Zechi (Rav) or not (Shmuel), then on what grounds will he be held responsible, according to Rav, in the event of an accident occurring?

(c)We conclude that both Rav and Shmuel hold 'Holech Ki'Zechi'. Then what is the basis of their Machlokes?

(d)In which regard will Shmuel then agree that he cannot retract?

6)

(a)Rav says that if one man asks another to take a Manah to his creditor, he remains responsible to replace it should anything happen to the money, yet he cannot retract. Shmuel says - that since he is responsible to replace it, he also has the right to retract.

(b)Even if, as we suggest, their Machlokes as to whether he can retract or not is based on whether 'Holech Ki'Zechi (Rav) or not (Shmuel), he will nevertheless be held responsible in the event of an accident occurring according to Rav - because the creditor did not ask for the money to be returned to him.

(c)We conclude that both Rav and Shmuel hold 'Holech Ki'Z'chi', and the basis of their Machlokes is - whether we say 'Migo' (since he is responsible to replace it, he also has the right to retract [Shmuel]) or not (Rav).

(d)Shmuel will agree that he cannot retract - in the case of a gift, where for obvious reasons, he cannot be held responsible.

7)

(a)In the previous case (of Holech Ki'Z'chi), why will we rule like Rav, despite the principle 'Halachah Ki'Sh'muel b'Dini' ('the Halachah is like Shmuel in money-matters')?

(b)On what grounds do we hold responsible a trustee who gives a deposit to a second person to look after?

(c)In that case, how can the Tana rule that if a trustee says 'Holech Manah li'Peloni Pikadon she'Yesh Lo b'Yadi', he cannot retract? On the contrary, we should force him to retract?

7)

(a)In the previous case (of Holech Ki'Z'chi), we will rule like Rav, despite the principle 'Halachah Ki'Sh'muel b'Dini' ('the Halachah is like Shmuel in money-matters') - because there is a Beraisa which supports Rav.

(b)We hold responsible a trustee who gives a deposit to a second person to look after - because the owner can say 'I do not want my article to be in the hands of another person!' (i.e. 'I gave it to you to look after, and to you only!').

(c)The Tana, who rules that if a trustee says 'Holech Manah li'Peloni Pikadon she'Yesh Lo b'Yadi', he cannot retract - is speaking when the trustee has already been proven to be dishonest, in which case we can take for granted that the owner will be only be too pleased for the article to change hands.

8)

(a)What were Rav Sheshes coats doing in Mechoza?

(b)Whom did he ask to bring them back with him when he returned from there?

(c)Why did the businessmen ask him to make a Kinyan before setting out for home? Did he comply with their request?

(d)What was ...

1. ... Rav Sheshes saying when, upon Rav Yosef's return, he quoted the Pasuk in Mishlei "Eved Loveh l'Ish Malveh"?

2. ... the second version of Rav Sheshes statement?

8)

(a)Rav Sheshes had sold coats to businessmen in Mechoza on credit (and it seems that they had retracted from the sale) and he now wanted them back.

(b)He asked - Rav Yosef to bring them back with him when he returned from there.

(c)The businessmen asked to make a Kinyan from him before he set out on his return journey - in order to obligate him to accept liability, should anything happen to the coats on the way. He initially agreed to comply, but evaded having to do it.

(d)When, upon Rav Yosef's return, Rav Sheshes quoted the Pasuk "Eved Loveh l'Ish Malveh" - he meant to commend Rav Yosef ...

1. ... either on his astuteness in evading responsibility (because "a debtor is a slave to the creditor").

2. ... or for not accepting liability, when the responsibility was really that of the debtors (because "a debtor is a slave to the creditor").

14b----------------------------------------14b

9)

(a)Rebbi Dustai b'Rebbi Yanai and Rebbi Yosi bar Kipar undertook to return some silver in a container from Neherda'a on behalf of Rebbi Achi b'Rebbi Yoshiyah. How did the men of Neherda'a respond when Rebbi Dustai b'Rebbi Yanai and Rebbi Yosi bar Kipar declined to make a Kinyan?

(b)Rebbi Dustai b'Rebbi Yanai agreed to return the silver immediately. Why did he do that?

(c)What did he comment when the men of Neherda'a, who were beating Rebbi Yosi bar Kipar for refusing to return it, complained to him about his colleague's obstinacy?

(d)On what grounds did Rebbi Yosi bar Kipar refuse to return the silver?

9)

(a)Rebbi Dustai b'Rebbi Yanai and Rebbi Yosi bar Kipar undertook to return some silver in a container from Neherda'a on behalf of Rebbi Achi b'Rebbi Yoshiyah. When Rebbi Dustai b'Rebbi Yanai and Rebbi Yosi bar Kipar declined to make a Kinyan - the men of Neherda'a responded by demanding the silver back.

(b)Rebbi Dustai b'Rebbi Yanai agreed to return the silver immediately - because he was afraid of them (for reasons that will soon become apparent).

(c)When the men of Neherda'a, who were beating Rebbi Yosi bar Kipar for refusing to return it, complained to him about his colleague's obstinacy - he commented 'Beat him more!' (or 'He deserves to be beaten!')

(d)Rebbi Yosi bar Kipar refused to return the silver - because once the Shali'ach receives the money, the trustee is not permitted to retract, like Rav on the previous Amud.

10)

(a)When, upon their return, Rebbi Achi b'Rebbi Yoshiyah asked Rebbi Dustai b'Rebbi Yanai why he had agreed to return the silver immediately, he described the frightening appearance of the men of Neherda'a. How did he describe ...

1. ... their size?

2. ... their clothes?

3. ... their voices?

4. ... their names?

(b)What did Rebbi Dustai b'Rebbi Yanai say those men would do if they threatened to tie somebody up or kill him?

(c)What was he afraid of?

(d)What did he finally say that caused Rebbi Achi b'Rebbi Oshaya to vindicate him? To whom were they close? What ran behind them?

10)

(a)When, upon their return, Rebbi Achi b'Rebbi Yoshiyah asked Rebbi Dustai b'Rebbi Yanai why he agreed to return the silver immediately, he described the frightening appearance of the men of Neherda'a. He described ...

1. ... their size - as men of measure (extremely tall) see Agados Maharsha.

2. ... their clothes - weird and frightening.

3. ... their voices - as deep-sounding (as if they emerged from their navel).

4. ... their names - unusual (and fear-inspiring).

(b)According to Rebbi Dustai b'Rebbi Yanai, if those men threatened to tie somebody up or kill him - then they would.

(c)He therefore feared for his life to cross swords with them - since nobody would be able to provide his father Yanai with a son like him.

(d)Rebbi Achi b'Rebbi Oshaya finally vindicated him - when he added that they were close to the king, and that horses and mules ran behind them (a sign of power).

11)

(a)If the Shali'ach who brings the Shtar is unable to find the recipient, two Tana'im argue over how he proceeds. According to the Tana of one Beraisa, he must return the Shtar to the Meshale'ach. According to the Tana of another Beraisa, he gives it to the heirs of the recipient. How do we try to establish the Machlokes?

(b)Rebbi Aba bar Mamal however, maintains that, in fact, both Tana'im hold 'Holech Lav Ki'Z'chi'. Then what is the reason of the Tana who rules that it should be given to the heirs of the recipient?

(c)According to Rav Zevid, both Beraisos speak about a Shechiv-Mera. Then what is the reason of the Tana who holds that it should be returned to the Meshale'ach?

(d)Rav Papa establishes both Beraisos by a healthy Meshale'ach. In that case, when does the Shali'ach give the Shtar ...

1. ... back to the Me'shale'ach?

2. ... to the heirs of the recipient? Why is that?

11)

(a)If the Shali'ach who brought the Shtar was unable to find the recipient, two Tana'im argue over what to do. According to the Tana of one Beraisa, he must return the Shtar to the Meshale'ach. According to the Tana of the other Beraisa, he gives it to the heirs of the recipient. We try to establish the Machlokes as to whether 'Holech Ki'Z'chi' (the latter Tana), or not (the former Tana).

(b)Rebbi Aba bar Mamal however, maintains that both Tana'im hold 'Holech Lav Ki'Z'chi', and the reason of the Tana who rules that it should be given to the heirs of the recipient is - due to the fact that he is speaking about a Shechiv-Mera (whose 'Holech' is like 'Z'chi'.

(c)According to Rav Zevid, both Beraisos speak about a Shechiv-Mera, and the reason of the Tana who holds that it should be returned to the Meshale'ach is - because he is speaking in a case when the recipient had already died when the Shtar was handed to the Shali'ach (only the Meshale'ach was unaware of it).

(d)Rav Papa establishes both Beraisos by a healthy Meshale'ach. The Shali'ach gives the Shtar ...

1. ... back to the Meshale'ach - when the recipient dies during the life-time of the Meshale'ach (and the Shelichus becomes Batel [even if the Meshale'ach died immediately afterwards]).

2. ... to the heirs of the recipient - if the Meshale'ach died after having handed the Shtar to the Shali'ach (when it becomes a Mitzvah to fulfill the command of the deceased).

12)

(a)The Tana Kama in another Beraisa rules that in the case of 'Holech Manah li'Peloni u'Biksho v'Lo Matz'o', the Shali'ach must return the money to the Meshale'ach. If the Meshale'ach died, Rebbi Nasan and Rebbi Yakov say that he should return the money to his heirs. What do Yesh Omrim say?

(b)Rebbi Yehudah ha'Nasi Mishum Rebbi Yakov Mishum Rebbi Meir cites the principle 'Mitzvah Lekayem Divrei ha'Mes'. What do the Chachamim say?

(c)The most unusual ruling is that of v'Ka'an Amru', who hold 'Shuda d'Dayna'. What is 'Shuda d'Dayna'?

(d)Where is 'Ka'an'?

12)

(a)The Tana Kama in another Beraisa rules that in the case of 'Holech Manah li'Peloni u'Biksho v'Lo Matz'o', the Shali'ach must return the money to the Meshale'ach. If the Meshale'ach died, Rebbi Nasan and Rebbi Yakov say that he should return the money to his heirs. According to Yesh Omrim - he hands it over to the heirs of the recipient.

(b)Rebbi Yehudah ha'Nasi Mishum Rebbi Yakov Mishum Rebbi Meir cites the principle 'Mitzvah Lekayem Divrei ha'Mes' - and the Chachamim say 'Yachloku'.

(c)The most unusual ruling is that of v'Ka'an Amru, who hold 'Shuda d'Dayna' - meaning that it is left to the Dayan (in this case, the Shali'ach) to act according to his assessment of the donor's intentions.

(d)'Ka'an' - means in Bavel.

13)

(a)Assuming the key issue among the Tana'im in the above Beraisa to be whether we say 'Holech Ki'Z'chi' or not, what will the Tana Kama ('Biksho v'Lo Matz'o, Yachzero li'Meshale'ach') on the one hand, and Rebbi Nasan and Rebbi Yakov ('Mes Meshale'ach, Yachzero l'Yorshei Meshale'ach) on the other, as well as Rebbi Yehudah ha'Nasi ('Mitzvah Lekayem Divrei ha'Mes') all hold?

(b)In which point do Rebbi Yakov and Rebbi Nasan argue with Rebbi Yehudah ha'Nasi?

(c)Yesh Omrim ('le'Yorshei Mi she'Nishtalchu Elav') clearly holds 'Holech Ki'Z'chi'. What do the Chachamim ('Yachloku') hold?

13)

(a)Assuming the key issue among the Tana'im in the above Beraisa to be whether we say 'Holech Ki'Z'chi' or not, the Tana Kama ('Biksho v'Lo Matz'o, Yachzero li'Meshale'ach') on the one hand, and Rebbi Nasan and Rebbi Yakov ('Mes Meshale'ach, Yachzero l'Yorshei Meshale'ach) on the other, as well as Rebbi Yehudah ha'Nasi ('Mitzvah Lekayem Divrei ha'Mes') all hold - 'Holech Lav Ki'Z'chi'.

(b)Rebbi Yakov and Rebbi Nasan argue with Rebbi Yehudah ha'Nasi - inasmuch as they do not hold 'Mitzvah Lekayem Divrei ha'Mes'.

(c)Yesh Omrim ('le'Yorshei Mi she'Nishtalchu Elav') clearly holds 'Holech Ki'Z'chi'. The Chachamim ('Yachloku') - have a Safek as to whether 'Holech Ki'Z'chi', and whether 'Mitzvah Lekayem Divrei ha'Mes' or not.

14)

(a)The final opinion is that of Rebbi Shimon ha'Nasi, who cites an episode when the ruling was 'Yachz'ru l'Yorshei Meshale'ach'. Seeing as he concurs with the opinion of Rebbi Nasan and Rebbi Yakov, what is he coming to teach us?

(b)We conclude however, that the Tana'im argue in the case of a Shechiv-Mera. What would they all hold with regard to the gift of a healthy person?

(c)In fact, they argue over the same point as Rebbi Elazar and the Rabanan in another Beraisa. According to Rebbi Elazar, a Shechiv-Mera who distributes his property requires a Kinyan (Kesef, Shtar or Chazakah for property. What does he require for movable objects)?

(d)What do the Chachamim say?

14)

(a)The final opinion is that of Rebbi Shimon ha'Nasi, who cites an episode when the ruling was 'Yachz'ru l'Yorshei Meshale'ach'. He actually concurs with the opinion of Rebbi Nasan and Rebbi Yakov, and - based on the principle 'Ma'aseh Rav' he is coming to prove that they are right.

(b)We conclude however, that the Tana'im argue in the case of a Shechiv-Mera. They all agree with regard to the gift of a healthy man - that 'Holech Lav Ki'Z'chi'.

(c)In fact, they argue over the same point as Rebbi Elazar and the Rabanan in another Beraisa. According to Rebbi Elazar, a Shechiv-Mera who distributes his property requires a Kinyan (Kesef, Shtar or Chazakah for property, whereas for movable objects - he requires Meshichah).

(d)Whereas the Chachamim hold - that one acquires them with his words alone, and no Kinyan is necessary.

15)

(a)How did the Chachamim attempt to prove their point from the case concerning the dying mother of the Bnei Ruchal?

(b)How much was the brooch that she bequeathed her children worth?

(c)On what grounds did Rebbi Elazar repudiate the Chachamim's proof?

(d)Why did Rebbi Elazar brand them as Resha'im? What did they do to deserve this title?

15)

(a)The Chachamim attempted to prove their point from the case concerning the dying mother of the Bnei Ruchal - who bequeathed her expensive brooch to her daughter without any form of Kinyan, and whose words the Chachamim fulfilled.

(b)The brooch was worth - twelve Manah.

(c)Rebbi Elazar repudiated the Chachamim's proof - on the grounds that the Bnei Ruchal were Resha'im who were cursed and whose words were therefore not discussed in the Beis-ha'Midrash. Consequently, the case became misquoted (because really a Kinyan had taken place).

(d)Rebbi Elazar branded them as Resha'im - because they allowed thorns to grow in their vineyards, thereby transgressing (at least, in his opinion) the Lav of Kilayim b'Kerem.

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