12th CYCLE DEDICATION
GITIN 81-82 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

1)

(a)How does Abaye prove from the current Beraisa ...

1. ... that the relative is permitted to sign anywhere on the Shtar (at the beginning, in the middle or at the end)?

2. ... that one is permitted to substantiate a Get Mekushar from any three of the witnesses, even if they did not sign consecutively?

(b)What did Rebbi Ami (or Rebbi Yanai) instruct the Sofer to do when a Get Kere'ach came before him?

1)

(a)Abaye proves from the current Beraisa ...

1. ... that the relative is permitted to sign anywhere on the Shtar (at the beginning, in the middle or at the end) from the fact that the Tana did not restrict his signature to any particular place.

2. ... that one is permitted to substantiate a Get Mekushar from any three of the witnesses, even if they did not sign consecutively because had they needed to be consecutive, why did the Tana not arrange for one Pasul witness to sign at the beginning, in the middle or at the end of each set of three witnesses, in which case there would never be more than one Pasul witness in any group of three, and there would be no reason not to permit more than one Pasul witness to sign on a Get Kere'ach.

(b)When a Get Kere'ach came before Rebbi Ami (or Rebbi Yanai) he instructed the Sofer to go and find a slave in the street to sign on the remaining fold (like ben Nanas).

HADRAN ALACH 'HA'ZOREK'

PEREK HA'MEGARESH

2)

(a)Rebbi Eliezer validates the divorce in a case where the husband says to his wife 'You are permitted to everyone except for so-and-so'. What do the Chachamim say?

(b)When does the say it?

(c)What must he do if he did say it?

(d)What will be the Din if he actually wrote this wording in the Get?

2)

(a)Rebbi Eliezer validates the divorce in a case where the husband says to his wife 'You are permitted to everyone except for so-and-so' The Chachamim declare it invalid.

(b)The husband says it whilst handing the Get to his wife.

(c)In the event that he did say it he must take the Get back and give it to her again.

(d)If he wrote this wording in the Get it is Pasul, even if he subsequently erased it.

3)

(a)We ask whether 'Ela li'Ploni' (over which Rebbi Eliezer and the Rabanan argue) is a Lashon of 'Chutz' (a Shiyur [a preclusion]) or of 'Al-Menas' (a regular condition). If it is a Lashon of ...

1. ... 'Chutz', then what will the Rabanan hold by 'Al-Menas'?

2. ... 'Al-Menas', what will Rebbi Eliezer hold by 'Chutz'?

(b)The Torah writes in Metzora "v'Nasati Nega Tzora'as b'Veis Eretz Achuzaschem". What do we ...

1. ... learn from there?

2. ... infer from there?

(c)What does Ravina prove from here vis-a-vis the Mishnah in Nega'im 'Kol ha'Batim Mitam'in bi'Nega'im Ela shel Ovdei Kochavim' (and subsequently with regard to our current She'eilah)?

3)

(a)We ask whether 'Ela li'Ploni' (over which Rebbi Eliezer and the Rabanan argue) is a Lashon of 'Chutz' (a Shiyur [a preclusion]) or of 'Al-Menas' (a regular Tenai [condition]). If it is a Lashon of ...

1. ... 'Chutz', then by 'Al-Menas' the Rabanan will agree concede that the Get is valid.

2. ... 'Al-Menas', then by 'Chutz' Rebbi Eliezer will agree with the Rabanan that it is invalid (because he only permits a Lashon of Tenai, but not one of Shiyur).

(b)The Torah writes in Metzora "v'Nasati Nega Tzora'as b'Veis Eretz Achuzaschem", from which we ...

1. ... learn that all Jewish houses are subject to Tum'as Nega'im.

2. ... infer that all houses belonging to Nochrim are not.

(c)Ravina proves from here that, in the Mishnah in Nega'im 'Kol ha'Batim Mitam'in bi'Nega'im Ela shel Ovdei Kochavim' 'Ela' means Chutz (a Shiyur), and not a Tenai.

4)

(a)In connection with the Machlokes between Rebbi Eliezer and the Chachamim, what does Rebbi Yosi b'Rebbi Yehudah say about ...

1. ... 'Harei At Muteres l'Chol Adam Chutz mi'Ploni'?

2. ... 'Harei At Muteres l'Chol Adam Al'Menas she'Lo Tinas'i li'Ploni'?

(b)According to ...

1. ... Rebbi Yosi b'Rebbi Yehudah, on what grounds do the Chachamim differentiate between this latter case, and any other Tenai regarding Gitin, which is effective?

2. ... our Mishnah, how does Rebbi Eliezer extrapolate his leniency from the Pasuk in Ki Seitei "v'Yatz'ah v'Hayesah l'Ish Acher"?

(c)How do the Chachamim then explain this Pasuk?

(d)Why do we cite Rebbi Yosi b'Rebbi Yehudah?

4)

(a)In connection with the Machlokes between Rebbi Eliezer and the Chachamim, Rebbi Yosi b'Rebbi Yehudah says ...

1. ... in the case of 'Harei At Muteres l'Chol Adam Chutz mi'Ploni' that even Rebbi Eliezer will agree that she is not divorced (because it is a Shiyur).

2. ... in the case of 'Harei At Muteres l'Chol Adam Al'Menas she'Lo Tinas'i li'Ploni' Rebbi Eliezer permits her to everyone except for that man, whereas the Chachamim declare the Get invalid.

(b)According to ...

1. ... Rebbi Yosi b'Rebbi Yehudah, the Chachamim differentiate between this latter case, and any other Tenai regarding Gitin, which is effective because by any other Tenai, the Get is total, whereas in this case, he has precluded someone from the Heter of the Get (albeit via a Tenai and not via a preclusion).

2. ... our Mishnah, Rebbi Yanai quoting a certain Zaken, Rebbi Eliezer extrapolates his leniency from the Pasuk "v'Yatz'ah v'Hayesah l'Ish Acher" which implies that his wife is divorced even if the divorce only permitted her to one man.

(c)The Chachamim explain this Pasuk to mean that she went and married one of any men.

(d)We cite Rebbi Yosi b'Rebbi Yehudah in order to point out that he cannot be the author of our Mishnah.

82b----------------------------------------82b

5)

(a)How does Rebbi Yochanan extrapolate from the Pasuk in Emor "v'Ishah Gerushah me'Ishah Lo Yikachu" what Rebbi Yanai extrapolated from "v'Yatz'ah v'Hayesah l'Ish Acher"?

(b)In view of this Pasuk, on what grounds do the Rabanan decline to learn like Rebbi Eliezer?

5)

(a)Rebbi Yochanan extrapolates from "v'Ishah Gerushah me'Ishah Lo Yikachu" what Rebbi Yanai extrapolated from "v'Yatz'ah v'Hayesah l'Ish Acher" because it too, implies that even though she is only divorced from her husband, and not permitted to everyone else, she is nevertheless considered divorced.

(b)In spite of this Pasuk the Rabanan decline to learn like Rebbi Eliezer, because the Pasuk in Emor is referring to Kohanim, who have many extra Mitzvos, and from whom one cannot therefore extrapolate Chumros regarding other people.

6)

(a)Rebbi Aba ask whether we can extend the current Din of Gerushin to Kidushin. What is the case?

(b)He suggests that even Rebbi Eliezer may well restrict his lenient ruling here to Gitin, because of the Pesukim that we quoted, whereas there are no Pesukim by Kidushin. Why on the other hand, might he be lenient by Kidushin, too?

(c)The Rabanan too, might extend their stringent ruling to Kidushin because of the same Hekesh. Why, on the other hand, might they be more lenient by Kidushin than by Gitin?

(d)What is Rebbi Aba's conclusion according to both the Rebbi Eliezer and the Chachamim?

6)

(a)Rebbi Aba ask whether we can extend the current Din of Gerushin to Kidushin where he said to the woman 'Hiskadshi Li Le'aser l'Chol Adam Chutz mi'Ploni.'

(b)He suggests that even Rebbi Eliezer may well restrict his lenient ruling here to Gittin, because of the Pesukim that we quoted, whereas there are no Pesukim by Kidushin. Nevertheless, he might well extend it to Kidushin because of the Hekesh "v'Yatz'ah v'Hayesah" which is used to learn various Dinim of Kidushin from Gitin, and vice-versa.

(c)The Rabanan too, might extend their stringent ruling to Kidushin because of the same Hekesh. On the other hand, they might be more lenient by Kidushin than by Gitin because Kidushin does not require "Kerisus", as Gitin does.

(d)Rebbi Aba's conclusion is that both Rebbi Eliezer and the Chachamim will Darshen "v'Yatz'ah v'Hayesah" (the former, l'Kula, the latter, l'Chumra.

7)

(a)Assuming that we hold like Rebbi Aba, if Reuven betrothed a woman 'Chutz mi'Shimon' (his brother), and Shimon betrothed her 'Chutz me'Reuven', why might we have thought that Levi their brother cannot perform Yibum?

(b)Then why does Abaye permit him to do so?

(c)How will we find a case of 'Eshes Shnei Meisim' according to Rebbi Aba?

7)

(a)Assuming that we hold like Rebbi Aba, if Reuven betrothed a woman 'Chutz mi'Shimon' (his brother), and Shimon betrothed her 'Chutz me'Reuven', we might have thought that Levi their brother cannot perform Yibum because it appears to be a case of 'Eshes Shnei ha'Meisim'.

(b)Abaye however, permits him to do so due to the fact that, whereas Reuven's Kidushin are effective inasmuch as it forbade the woman on the rest of the world, Shimon's, which does not affect her at all, are not.

(c)We find a case of Eshes Shnei Meisim according to Rebbi Aba in a case where Reuven betrothed a woman 'Chutz mi'Shimon' (his brother), and Shimon betrothed her Stam, in which case his Kidushin is effective because it forbids the woman on Reuven, thereby rendering her 'Eshes Shnei Meisim'.

8)

(a)Abaye asks what the Din will be, if someone divorces his wife 'le'Chol Adam Chutz me'Reuven and Shimon' and then, before handing her the Get he says 'li'Reuven v'Shimon'. What is Abaye's She'eilah?

(b)Based on the first side of the She'eilah, we ask what the Din will be if he later mentions Reuven but not Shimon. If he meant to include Shimon as well, then why did he not mention him?

(c)If he meant specifically Reuven and not Shimon, we ask what the Din will then be if he only mentioned Shimon. What makes us think that 'Shimon' might be better than 'Reuven' in this regard?

8)

(a)Abaye asks what the Din will be if someone divorces his wife 'le'Chol Adam Chutz me'Reuven and Shimon' and then, before handing her the Get, he says 'li'Reuven v'Shimon' whether he finally includes Reuven and Shimon in the Heter for her to marry, or whether he now means to permit Reuven and Shimon, but to forbid the rest of the world.

(b)Based on the first side of the She'eilah, we ask what the Din will be if he later mentions Reuven but not Shimon. Even if he meant to include Shimon as well, he might nevertheless have mentioned only Reuven, because he was the first of the pair that he precluded the first time.

(c)If he meant specifically Reuven and not Shimon, we ask what the Din will then be if he only mentioned Shimon. We think that 'Shimon' might be better than 'Reuven' in this regard beaus he was the one that he mentioned last the first time.

9)

(a)Assuming that Shimon, like Reuven, is specific, Rav Ashi thinks that perhaps 'Af Shimon' is better than just 'Shimon', because he means to say not only Reuven, but Shimon too. Why might this not be the case? Why might 'Af Shimon' be no different than 'Shimon'?

(b)What do we conclude regarding Rav Ashi's She'eilah?

9)

(a)Assuming that Shimon, like Reuven, is specific, Rav Ashi thinks that perhaps 'Af Shimon' is better than just Shimon, because he means to say not only Reuven, but Shimon too. Alternatively, 'Af Shimon' may be no different than 'Shimon' because it might be referring to the rest of the world, to whom he permitted her the first time (but not to Reuven).

(b)We conclude 'Teiku'.

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