12th CYCLE DEDICATION
GITIN 77 - Dedicated by Rabbi Mordecai and Ayeleth Kornfeld in honor of the birth of their daughter Shirah on Sunday 21 Elul 5768. May Hashem grant them that they may raise their new daughter, along with all their other children, l'Torah l'Chupah ul'Ma'asim Tovim!

1)

(a)What does Abaye say about a man who dies at night after saying 'Zeh Gitech ...

1. ... l'che'she'Teitzei Chamah mi'Narteikah'?

2. ... Al-Menas she'Teitzei Chamah mi'Narteikah'?

(b)The same difference will apply to 'le'che'she'Lo Avo l'Achar Sh'neim-Asar Chodesh' and 'Al-Menas she'Lo Avo l'Achar Sh'neim-Asar Chodesh'. The Machlokes between the Tana of our Mishnah and Raboseinu of the Beraisa is confined to a case of 'Im Teitzei ha'Chamah' (or 'Im Meisi'). What is the basis of their Machlokes?

1)

(a)Abaye says that, according to everybody, if a man dies at night after saying 'Zeh Gitech ...

1. ... l'che'she'Teitzei Chamah mi'Narteikah' the Get is invalid, because this Lashon implies that the Get is to take effect only when the sun comes out in the morning (and 'Ein Get l'Achar Misah).

2. ... Al-Menas she'Teitzei Chamah mi'Narteikah' the Get is effective immediately, because of Rav Huna Amar Rav, who said 'Kol ha'Omer Al-Menas k'Omer me'Achshav Dami'.

(b)The same difference will apply to 'le'che'she'Lo Avo l'Achar Sh'neim-Asar Chodesh' and 'Al-Menas she'Lo Avo l'Achar Sh'neim-Asar Chodesh'. The Machlokes between the Tana of our Mishnah and Raboseinu of the Beraisa is confined to a case of 'Im Teitzei ha'Chamah' (or 'Im Meisi') whether we hold like Rebbi Yosi (who holds 'Z'mano shel Shtar Mochi'ach Alav' [as if he had said 'me'Achshav'] Raboseinu) or not (the Tana of our Mishnah).

2)

(a)Rav Yeimar asked Rav Ashi whether Rebbi Yosi, who rules in our Mishnah 'Kisvu u'Tenu Get l'Ishti Im Lo Ba'asi mi'Ka'an v'Ad Sh'teim-Esrei Chodesh, Kasvu b'Soch Sh'neim-Esrei Chodesh, v'Nasnu l'Achar Sh'neim-Asar Chodesh, ka'Zeh Get', argues on principle, because he holds that we ignore any Tenai by Gitin. What are the ramifications of this question?

(b)What did Rav Ashi answer him?

(c)What do the Rabanan hold?

2)

(a)Rav Yeimar asked Rav Ashi whether Rebbi Yosi, who rules in our Mishnah 'Kisvu u'Tenu Get l'Ishti Im Lo Ba'asi mi'Ka'an v'Ad Sh'teim-Esrei Chodesh, Kasvu b'Soch Sh'neim-Esrei Chodesh, v'Nasnu l'Achar Sh'neim-Asar Chodesh, ka'Zeh Get', argues on principle, because he holds that we ignore any Tenai by Gitin. The ramifications of this question are that he even argues in the Reisha (when the husband said 'Im Lo Ba'asi mi'Ka'an v'Ad Sh'teim-Esrei Chodesh, Kasvu b'Soch Sh'neim-Esrei Chodesh Kisvu u'Tenu Get l'Ishti').

(b)Rav Ashi answered him that Rebbi Yosi agrees with the Tana Kama on principle, and that he only argues in the Seifa where the husband switched the order (as we explained earlier).

(c)The Rabanan hold that either way, the Get is not valid (because the husband meant to write the Get and hand it over only after twelve months).

3)

(a)For the Get to be valid, by when must the husband have returned if he said 'Harei Zeh Gitech Im Lo Ba'asi ad l'Achar ...

1. ... Shavu'a Zu'?

2. ... Shanah Zu'?

3. ... Chodesh'?

(b)When Rebbi Zeira asked Rebbi Asi (or Rebbi Asi, Rebbi Yochanan) what the time period 'le'Achar ha'Shabbos' would constitute, what did the latter reply?

(c)According to Rebbi, 'le'Achar ha'Regel' constitutes thirty days. Why was it, that when Rebbi Chiya taught this ruling in the name of Rebbi they all praised him, but when he taught it in the name of the Rabanan, they remained silent?

3)

(a)For the Get to be valid, if the husband says 'Harei Zeh Gitech Im Lo Ba'asi ad l'Achar

1. ... Shavu'a Zu' he must have returned within twelve months of the end of the seven-year cycle.

2. ... Shanah Zu' he must have returned by one month.

3. ... Chodesh' within a week.

(b)When Rebbi Zeira asked Rebbi Asi (or Rebbi Asi, Rebbi Yochanan) what the time period 'le'Achar ha'Shabbos' would constitute, the latter replied that Sunday, Monday and Tuesday belong to the previous week; Wednesday, Thursday and Friday to the following week.

(c)According to Rebbi, 'le'Achar ha'Regel' constitutes thirty days. When Rebbi Chiya taught it in the name of Rebbi, they all praised him, but when he Darshened it in the name of the Rabanan, they remained silent because they considered Rebbi's statement in this instance not to be Halachah. Consequently, they praised Rebbi Chiya when he cited it in the name of Rebbi who is an individual, in which case people would not consider it Halachah, but remained silent when he cited it in the name of the Rabanan, as it would be considered Halachah.

HADRAN ALACH 'MI SHE'ACHZO'

PEREK HA'ZOREK

4)

(a)What will be the Din if a husband throws a Get to his wife when she is ...

1. ... in her own house or Chatzer?

2. ... in his house or Chatzer?

(b)What if, in the latter case, he...

1. ... throws it on to the bed that they share?

2. ... tosses it into her lap or into her basket?

4)

(a)If a husband throws a Get to his wife, when she is ...

1. ... in her own house or Chatzer she is divorced.

2. ... in his house or Chatzer she is not.

(b)In the latter case ...

1. ... even if he throws the Get on to the bed that they are sharing, she will not be divorced.

2. ... if he tosses the Get into her lap or into her basket she is divorced (this will be discussed in more detail later).

5)

(a)How do we learn from the phrase in Ki Setzei "v'Nasan b'Yadah" that a woman is divorced even if her husband throws the Get on to her roof, or into her courtyard or enclosure?

(b)We learn the same with regard to a thief, from the double expression used by the Pasuk in Mishpatim "Im Himatzei Simatzei b'Yado ha'Geneivah". What are the ramifications of this Derashah?

(c)Having taught us that one's domain is considered like one's hand with regard to Kinyanim by ...

1. ... a Get, why does the Torah find it necessary to repeat it by a thief?

2. ... a thief, why does the Torah need to repeat it by a Get?

(d)If a thief would not acquire an animal via the Kinyan of Chatzer, he would acquire it by means of a Kinyan Meshichah. How is it possible to effect a Kinyan Chatzer without Meshichah?

5)

(a)We learn from the phrase "v'Nasan b'Yadah" that a woman is divorced even if her husband places the Get on to her roof, or into her courtyard or enclosure from the fact that the Torah inverted the phrase (it should otherwise have written "u've'Yadah Yitnenu", which would have restricted the Kinyan to her hand).

(b)We learn the same with regard to a thief from the double expression "Im Himatzei Simatzei b'Yado ha'Geneivah" used by the Pasuk implying that he will have to pay double for having stolen it and that he becomes liable for whatever happens to the article from that moment on.

(c)Having taught us that one's domain is considered like one's hand with regard to Kinyanim by ...

1. ... a Get, the Torah nevertheless finds it necessary to repeat it by a thief who does not acquire against his will like a woman acquiring her Get does.

2. ... a thief, the Torah still needs to repeat it by a Get because the former might have been due to the fact that he sinned and is subject to a fine, which the latter is not.

(d)If a thief would not acquire an animal via the Kinyan of Chatzer, he would acquire it by means of a Kinyan Meshichah. A Kinyan Chatzer is possible without Meshichah there where the animal walked into one's Chatzer of its own accord and the owner closed the gate.

6)

(a)Considering that a husband acquires rights in his wife's property when he marries her, how does Rebbi Elazar explain the fact that the woman becomes divorced by her husband placing a Get in her Chatzer?

(b)The Beraisa states that if a partner writes out a document on which he states that he withdraws from his share of the field, this does not give the remaining partner full ownership of the field. Why is that?

(c)How does d'Bei Rebbi Yanai then explain the fact that the husband writing that he withdraws from his wife's property will enable the Get to be valid?

6)

(a)Despite the fact that a husband acquires rights in his wife's property when he marries her, Rebbi Elazar explains, she will become divorced by his placing a Get in her Chatzer if he withdrew from his rights prior to giving her the Get.

(b)The Beraisa states that if a partner writes out a document on which he states that he withdraws from his share in a field, this does not give the remaining partner full ownership of the field because one cannot withdraw from ownership (or from rights of ownership) without a Kinyan.

(c)d'Bei Rebbi Yanai therefore explains that the Get will only be valid if the husband wrote the document of withdrawal during the period of betrothal, before having acquired any rights in the property of his future wife).

7)

(a)What does ...

1. ... Rav Kahana say about withdrawing from property that comes from another source? What does he mean by 'another source'?

2. ... Rava say about someone who declines to accept a Takanas Chachamim that is for his benefit?

(b)Which Takanas Chazal is Rava referring to when he says 'Kegon Zu'?

(c)What did Rav Huna Amar Rav say there?

7)

(a)

1. Rav Kahana says that one has the right to withdraw from property that 'comes from another source' by which he means a source other than an inheritance (which the Torah automatically places in his domain [and from which he cannot withdraw under any circumstances]).

2. ... Rava says that one has the right to decline to accept a Takanas Chachamim that is purely for one's benefit.

(b)When Rava said 'K'gon Zu' he is referring to the Takanah of Mezonos (Chazal's obligation of a man to feed his wife, in return for which she is obligated to work on his behalf).

(c)Rav Huna Amar Rav said there 'Yecholah Ishah she'Tomar l'Ba'alah Eini Nizones v'Eini Osah'.

77b----------------------------------------77b

8)

(a)Based on the clear-cut Din of 'Yadah', how does Rava prove that it is not necessary to establish the Din of Chatzer when he withdrew from his rights?

(b)Based on what principle does a woman acquire her Get, with regards to both Yad and Chatzer?

(c)How does Ravina refute Rava's proof from the Yad of a woman?

(d)Rav Ashi counters that Rava's proof is not really from the Yad of a woman, but from that of an Eved Kena'ani. How does Rava prove from there that 'Gito v'Yado Ba'in k'Echad'?

8)

(a)Based on the clear-cut Din of 'Yadah', Rava proves that it is not necessary to establish the Din of Chatzer when he withdrew from his rights because however the woman acquires her Get via her Yad (over which her husband also has rights as we will explain shortly), she will acquire it via her Chatzer too.

(b)In fact, the woman will acquires her Get, by both Yad and Chatzer based on the the principle 'Gitah v'Yadah Ba'in k'Echad' (she obtains her own Yad simultaneously with the Get, thereby enabling the Kinyan to take place).

(c)Ravina refutes Rava's proof from the Yad of a woman on the grounds that unlike her Chatzer, her husband does not actually acquire her hand.

(d)Rav Ashi counters that Rava's proof is not really from the Yad of a woman, but from that of an Eved Kena'ani according to the Tana who holds that he is able to receive his own Get Shichrur with his own hand (and an Eved's hand is certainly owned by his master). The only reason that he could possibly go free in this way, is by means of the principle 'Gito v'Yado Ba'in k'Echad', and if that applies to the Yad of an Eved Kena'ani, it will also apply to a woman's Chatzer.

9)

(a)What was the problem in the case of that Shechiv-Mera who wrote a Get for his wife just before Shabbos came in and then, on Shabbos, he took a turn for the worse?

(b)What did Rava advise him to do? Which Mishnah in Bava Basra served as the basis for Rava's advice?

(c)What did Rav Ilish comment that caused Rava to become embarrassed?

(d)What did Rava subsequently discover that alleviated his embarrassment?

9)

(a)The problem in the case of that Shechiv-Mera who wrote a Get for his wife just before Shabbos came in and then, on Shabbos, he took a turn for the worse was how his wife would be able to acquire it before he died (in order to exempt her from Yibum), seeing as a Get is Muktzah on Shabbos.

(b)Based on the Mishnah in Bava Basra 'Na'Al Gadar u'Paratz Kol-Shehu Harei Zu Chazakah' Rava advised him to give the room in which the Get was located to his wife, which she would acquire by merely locking the door (because one can acquire Metaltelin together with Karka).

(c)Rav Ilish caused Rava to become embarrassed by commenting that whatever a woman acquires belongs to her husband (so how would her locking the door make any difference).

(d)Rava subsequently discovered that the couple were only betrothed but not yet married, in which case, the woman still had her own Yad.

10)

(a)How did Rava subsequently reverse his previous ruling?

(b)But did we not quote him earlier as having said this?

10)

(a)Rava subsequently reversed his previous ruling by equating a married woman with a betrothed one in this regard, because of the principle 'Gitah v'Yadah Ba'in k'Echad'.

(b)Indeed, we quoted him earlier as having said this but it was with regard to this episode that he said it.

11)

(a)We learned in our Mishnah that if the woman is in her house, and her husband throws her a Get, she is divorced. Ula takes this literally to mean that she must be standing in or next to her house when her husband gives her the Get (see Tosfos DH 've'Hu'). How does Rebbi Oshaya explain it?

(b)Why is it not necessary for her to be there, according to him?

(c)On what do we initially base their Machlokes?

11)

(a)We learned in our Mishnah that if the woman is in her house, and her husband throws her a Get, she is divorced. Ula takes this literally to mean that she must be standing in or next to her house when her husband gives her the Get (see Tosfos DH 've'Hu'). According to Rebbi Oshaya however, it means that wherever she is, it is as if she was standing in her Chatzer.

(b)It is not necessary for her to actually be in the Chatzer because it is sufficient that the Chatzer is guarded with her knowledge.

(c)We initially base their Machlokes on whether the Din of 'Chatzer' is derived from 'Yad' (which is always at her side) or from Shelichus (which is generally not in her presence).

12)

(a)We conclude that both learn Chatzer from Yad. How does Rebbi Oshaya counter Ula's proof that, like her Yad, her Chatzer must be close?

(b)Then in what way does he compare Chatzer to Yad?

12)

(a)We conclude that both learn Chatzer from Yad. Rebbi Oshaya counters Ula's proof that, like her Yad, her Chatzer must be close because in that case, we may as well go further and say that, like her Yad, her Chatzer must be stuck to her.

(b)And Rebbi Oshaya compares Chatzer to Yad inasmuch as they are both guarded with her knowledge.

13)

(a)What did Rav Yosef rule in the case where a man threw his wife a Get, which fell on a large block of wood.

(b)Why can this not be speaking when the block of wood was in her Chatzer?

(c)We therefore establish it when it was in his Chatzer. What difference would the fact that the wood was more than four by four Amos then make?

(d)In which two instances would she not be divorced even if the block of wood was less than four by four Amos?

13)

(a)In the case where a man threw his wife a Get, which fell on a large block of wood, Rav Yosef ruled that if it was more than four by four Amos, it would be considered a different Reshus and she would not be divorced, but if it was less than that, then she would.

(b)This cannot be speaking when the block of wood was in her Chatzer because if it was, what difference would the size of the block make?

(c)We therefore establish it when it was in his Chatzer. The reason that she would not be divorced if the block of wood was more than four by four Amos (rendering it a a separate location) is because we are speaking when he lent her the place in his Chatzer where the Get fell, and we work on the assumption that (unless he specifically says to the contrary), a person lends one location, and not two.

(d)The two instances in which she would not be divorced even if the block of wood was less than four by four Amos are if it was more than ten Tefachim tall, or if it was known by a certain name (in which case it would be too important to be Batel to the current location).

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