12th CYCLE DEDICATION
GITIN 46 (25 Av) - Dedicated by Mrs. G. Kornfeld for the eighth Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), an exceptional woman with an iron will who loved and respected the study of Torah.

1)

(a)We just cited two versions of Rav Yosef bar Minyomi Amar Rav Nachman explaining the Tana Kama: whether 'Lo Yachzir' is because of Kilkul or so that the Benos Yisrael should not be lax in their morals and in Nedarim. Which of the two versions is substantiated by a Beraisa?

(b)In the Beraisa that substantiates the first Lashon, Rebbi Meir describes the entire cause and effect of Kilkul. Is he referring to the case of someone who divorces his wife because of a bad name or because of Nedarim?

(c)What about the other case?

(d)Who is the author of the Beraisa which supports the second Lashon ('so that the Benos Yisrael should not be lax in their morals and in Nedarim')?

1)

(a)We just cited two versions of Rav Yosef bar Minyomi Amar Rav Nachman explaining the Tana Kama: whether 'Lo Yachzir' is because of Kilkul or so that the Benos Yisrael should not be lax in their morals and in Nedarim both of which are substantiated by Beraisos.

(b)In the Beraisa that substantiates the first Lashon, Rebbi Meir describes the entire cause and effect of Kilkul. He is referring to the case of someone who divorces his wife because of a bad name ...

(c)... though the same will apply to the case of Nedarim.

(d)The author of the Beraisa which supports the second Lashon ('so that the Benos Yisrael should not be lax in their morals and in Nedarim') is Rebbi Elazar b'Rebbi Yosi.

2)

(a)What does Rebbi Yehudah learn from the Pasuk in Yehoshua "v'Lo Hikum Bnei Yisrael Ki Nishbe'u la'Hem Nesi'ei ha'Eidah"?

(b)On what grounds do the Rabanan decline to learn like Rebbi Yehudah? In light of this Pasuk, how can they still maintain that a Neder she'Hudar b'Rabim can be annulled?

(c)In that case, why did Yehoshua not abrogate the oath that he made with the Giv'onim?

2)

(a)Rebbi Yehudah learns from the Pasuk in Yehoshua "v'Lo Hikum Bnei Yisrael Ki Nishbe'u la'Hem Nesi'ei ha'Eidah" that a Neder she'Hudar l'Rabim cannot be annulled.

(b)The Rabanan decline to learn like Rebbi Yehudah, however. In spite of the Pasuk, they maintain that a Neder she'Hudar b'Rabim can be annulled because seeing as the oath that Yehoshua and the elders had made to the Giv'onim was extracted under false pretences, it was anyway ineffective and did not require nullification.

(c)Nevertheless, Yehoshua did not abrogate that oath because of the Chilul Hash-m that would ensue, when people who knew of the Neder but not of the circumstances, would accuse Yisrael of abrogating a Neder made in good faith.

3)

(a)What does Rav Nachman learn from the Pasuk in Metzora "Yamim Rabim" (in connection with a Zavah)?

(b)From where does Rebbi Yitzchak then learn that 'Rabim' means ten people?

3)

(a)Rav Nachman learns from the Pasuk "Yamim Rabim" (in connection with a Zavah) that 'Rabim' means a minimum of three people (because in the context of a Zavah, "Yamim" implies two days, and "Rabim", three).

(b)Rebbi Yitzchak learns that 'Rabim' means ten people because the Torah refers to the ten spies (excluding Yehoshua and Kalev) as "Eidah" (a community).

4)

(a)We learned in our Mishnah that Rebbi Meir holds of Kilkul only in the case of a Neder that requires Beis-Din to annul it, whilst Rebbi Elazar holds that (basically) it is only by a Neder that does not. What is the basis of their Machlokes?

4)

(a)We learned in our Mishnah that Rebbi Meir holds of Kilkul only be in the case of a Neder that requires Beis-Din to annul it, whilst Rebbi Elazar holds that (basically) it is only by a Neder that does not. The basis of their Machlokes is whether a man does not object to his wife being denigrated by appearing in Beis-Din (Rebbi Meir), or whether he does (Rebbi Elazar).

5)

(a)At the end of our Mishnah, Rebbi Yosi b'Rebbi Yehudah cites the incident of the man in Tzidon who declared a Konam if he would not divorce his wife. How did the incident end?

(b)Considering that the previous Tana'im did not mention a case where the husband was the one to declare the Neder, how does Rebbi Yosi b'Rebbi Yehudah's statement fit into our Mishnah?

(c)What did Rebbi Yosi b'Rebbi Yehudah mean when he said that the man declared 'Konam Im Eini Megarshech' (since 'Konam' Stam has connotations of Hekdesh)? What did the man really say?

(d)The Chachamim permitted him to take her back. Why might we have thought otherwise?

5)

(a)At the end of our Mishnah, Rebbi Yosi b'Rebbi Yehudah cites the incident of the man from Tzidon who declared a Konam if he would not divorce his wife which he subsequently did. The Chachamim however, permitted him to take her back.

(b)In spite of the fact that the previous Tana'im did not mention a case where the husband was the one to declare the Neder, Rebbi Yosi b'Rebbi Yehudah's statement fits into our Mishnah because we add the words 'Bameh Devarim Amurim, keshe'Nadrah Hi, Aval Nadar Hu, Yachzir', and that is what Rebbi Yosi b'Rebbi Yehudah comes to substantiate.

(c)When Rebbi Yosi b'Rebbi Yehudah said that the man declared 'Konam Im Eini Megarshech' (since 'Konam' Stam has connotations of Hekdesh) he meant that the man declared a Neder forbidding all fruit on himself unless he divorced his wife.

(d)The Chachamim permitted him to take her back in spite of Rebbi Nasan in a Beraisa, who said that someone who makes a Neder is as if he had built a Bamah, and that, if he subsequently fulfils it (instead of having it revoked), it is as if he actually sacrificed on it. On that basis, we might have thought that he deserves to be penalized, and would therefore be forbidden to remarry her.

46b----------------------------------------46b

6)

(a)According to Rav Sheshes, the concluding words of our Mishnah 'Mipnei Tikun ha'Olam' pertain to the first half of the Mishnah ('ha'Motzi Es Ishto Mishum Shem-Ra ... Lo Yachzir'). How does Ravina explain this to pertain to the Din of Rebbi Yosi b'Rebbi Yehudah in the Seifa?

6)

(a)According to Rav Sheshes, the concluding words of our Mishnah 'Mipnei Tikun ha'Olam' might pertain to the first half of the Mishnah ('ha'Motzi Es Ishto Mishum Shem-Ra ... Lo Yachzir'). According to Ravina however, they pertain to the Din of Rebbi Yosi b'Rebbi Yehudah in the Seifa meaning that in this case, Tikun ha'Olam does not apply.

7)

(a)In our Mishnah, Rebbi Yehudah states that if a man divorces his wife because he discovers that she is an Ailonis, he may not take her back (even if it later turns out that she is not). Why must the man not have known that his wife was an Ailonis when he married her?

(b)Then why would he be required to give her a Get? Why is it not simply a Mekach Ta'us (an erroneous sale), which is automatically canceled?

(c)What about her Kesuvah?

(d)What is Rebbi Yehudah's reason?

7)

(a)In our Mishnah, Rebbi Yehudah states that if a man divorces his wife because he discovers that she is an Ailonis, he may not take her back (even if it later turns out that she is not). The man must not have known that his wife was an Ailonis when he married her because if he had, why would he later divorce her because she is?

(b)He is nevertheless required to give her a Get. It is not simply a Mekach Ta'us (an erroneous sale), which is automatically canceled because a man does not like to turn his Bi'ah into a Be'ilas Znus (an 'immoral' act).

(c)She does however lose her Kesuvah.

(d)Rebbi Yehudah's reason is because of 'Kilkul' (in case she remarries and has children, and her first husband then claims that had he known that she could have children, he would not have divorced her ... ) We therefore warn him in advance to weigh up his decision to divorce her, because once he does, he will not be able to take her back.

8)

(a)What do the Rabanan say in the previous case?

(b)What advice does Rebbi Yehudah give to the above woman who, after becoming divorced, remarrying and having children, comes to claim her Kesuvah from her first husband?

(c)How does Shmuel reconcile Rebbi Yehudah in this Mishnah (who is concerned about 'Kilkul') with Rebbi Yehudah in the previous Mishnah ('ha'Motzi Es Ishto Mishum Neder ... ' [who is not])?

(d)But the Kashya remains in the Seifa of our Mishnah ('Nises l'Acher, v'Hayu Lah Banim Mimenu ... '), where Rebbi Yehudah is worried about Kilkul too. How does Shmuel handle that?

8)

(a)The Rabanan in the previous case are not concerned about 'Kilkul', in which case he is permitted to take her back.

(b)Rebbi Yehudah advises the above woman who, after becoming divorced, remarrying and having children, comes to claim her Kesuvah from her first husband to be silent, to prevent him from retorting that had he known, he would never have divorced her in the first place (which is not a valid argument to counter the divorce, but is to counter her claiming the Kesuvah see Tosfos Rid, beginning of 47b).

(c)Shmuel reconciles Rebbi Yehudah in this Mishnah (who is concerned about 'Kilkul') with Rebbi Yehudah in the previous Mishnah ('ha'Motzi Es Ishto Mishum Neder ... ' [who is not]) by switching the opinions in our Mishnah, so that it is the Rabanan who are concerned about 'Kilkul' and not Rebbi Yehudah.

(d)The Kashya from the Seifa of our Mishnah ('Nises l'Acher, v'Hayu Lah Banim Mimenu ... '), where Rebbi Yehudah is worried about Kilkul too, Shmuel will answer in exactly the same way by switching that to the Rabanan.

9)

(a)Abaye disagrees with Shmuel. In his opinion, Rebbi Yehudah is concerned about 'Kilkul', as is clear from our Mishnah. Then why did he say in the previous Mishnah 'Kol Neder she'Yad'u Bo Rabim, Yachzir'? Why is he not worried about 'Kilkul'?

(b)We have reconciled the two rulings of Rebbi Yehudah. Rava reconciles the Rabanan in our Mishnah (who are not concerned about 'Kilkul') with the Rabanan in the previous Mishnah (who are) by establishing this Mishnah like Rebbi Meir. What does Rebbi Meir say about 'Tenai', and how does Rava establish the Mishnah accordingly?

(c)What does he achieve by doing that?

9)

(a)Abaye disagrees with Shmuel. In his opinion, Rebbi Yehudah is concerned about 'Kilkul', as is clear from our Mishnah. And the reason that he said in the previous Mishnah 'Kol Neder she'Yad'u Bo Rabim, Yachzir' (ignoring the issue of 'Kilkul') is because with regard to a Neder that requires Beis-Din, he holds that a man does not wish his wife to be shamed in Beis-Din (like Rebbi Elazar), and with regard to a Neder that does not, he holds that there is no Kilkul since he could have annulled it himself (like Rebbi Meir).

(b)We have reconciled the two rulings of Rebbi Yehudah. Rava reconciles the Rabanan in our Mishnah (who are not concerned about 'Kilkul') with the Rabanan in the previous Mishnah (who are) by establishing this Mishnah like Rebbi Meir who requires a Tenai Kaful (a condition that specifically mentions both the positive and the negative sides of the transaction and the Tenai), and our Mishnah, whose author is Rebbi Meir, speaks when the husband failed to mention a Tenai Kaful. ...

(c)... in which case the Get is valid even if she is not an Ailonis (and Kilkul will not apply).

10)

(a)What does our Mishnah say about someone who sells himself together with his children to Nochrim with regard to redeeming ...

1. ... him?

2. ... his children?

(b)If a man falls on hard times, and is forced to sell himself but cannot find a Jewish purchaser, why should he be penalized? How does Rav Asi establish our Mishnah?

(c)Why do we not redeem his children immediately?

10)

(a)Our Mishnah rules that someone who sells himself together with his children to Nochrim ...

1. ... cannot be redeemed.

2. ... though his children can, after his death.

(b)If a man falls on hard times, and is forced to sell himself but cannot find a Jewish purchaser, he would indeed not be penalized, says Rav Asi and our Mishnah speaks when he sold himself a number of times (turning his act from an Ones into one of negligence).

(c)We do not redeem his children immediately on the assumption that as long as their father is alive, he will ensure that they are not led astray by their captors.

11)

(a)What did those people from Bei Michsi do that caused them to be taken captive by Nochrim?

(b)What did Rav Huna rule with regard to redeeming them?

(c)What did he tell Rebbi Aba when he queried his ruling from Rav Asi?

11)

(a)Those people from Bei Michsi borrowed money from Nochrim, and when they were unable to repay their loan, the creditors chose them (as servants to work for them until the debt had been paid).

(b)Rav Huna, citing our Mishnah prohibited their redemption.

(c)When Rav Aba queried Rav Huna's ruling from Rav Asi he replied that this had happened already a few times, and that they were therefore considered negligent and not Ones (as we just explained).

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