POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 13
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GITIN 13 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love
for Torah and those who study it.
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1) IS FREEDOM GOOD FOR A SLAVE? (cont.)
(a) Question: R. Meir only explained why it is
disadvantageous for a slave of a Kohen to go free - what
will he say by the slave of a Yisrael?
(b) Answer (R. Shmuel bar Rav Yitzchak): By going free, he
becomes forbidden to a female slave.
(c) Question: To the contrary - he benefits, he becomes
permitted to a Bas Yisrael!
(d) Answer: A slave prefers loose, immodest, unrestricted
relations with a female slave.
2) WHEN ONE CAN RETRACT
(a) (Mishnah): Reuven said 'Give this Get of divorce/freedom
to my wife/slave', and Reuven died - we do not give it
posthumously;
(b) 'Give 100 Zuz to Peloni', and Reuven died - we give it
posthumously.
(c) (Gemara - R. Yitzchak bar Shmuel, citing Rav): We only
give the money if it is piled up in a corner.
(d) Question: What is the case?
1. Suggestion: If Reuven is healthy - so what if the
money is gathered, it was not moved (no acquisition
was made)!
(e) Answer: Rather, Reuven is a dying man.
(f) Question: Why must the money be piled up - the words of a
dying man are as if they were written and handed over!
(g) Answer #1 (Rav Zevid): Really, he is healthy, as a law of
Rav.
1. (Rav): Levi says to Yehudah: You have money of mine
- give it to David - if all 3 are present, David
acquires the money.
(h) Answer #2 (Rav Papa): Really, Reuven is a dying man; it
is as a different teaching of Rav.
1. (Rav): A dying man that said 'give 100 Zuz of my
property to Peloni' - if he said 'this 100 Zuz", we
give it; if he did not specify which money, we do
not give - perhaps he referred to a deposit of
Peloni which is buried somewhere.
i. The law is, we are not concerned lest he
referred to buried money.
(i) Question: Why didn't Rav Papa learn as Rav Zevid?
13b---------------------------------------13b
(j) Answer: He understands that Rav's law applies both to a
loan and to a deposit.
(k) Question: Why didn't Rav Zevid learn as Rav Papa?
(l) Answer: The Mishnah cannot be established to be dealing
with a dying man.
1. Question: Why not?
2. Answer: It says, Reuven said 'Give this Get of
divorce/freedom to my wife/slave', and Reuven died -
we do not give it posthumously;
i. Had Reuven not died, we would give them - but
this is only because Reuven said 'Give'!
ii. Regarding a dying man, even if he did not say
'Give', we give them!
iii. (Mishnah): At first, they said that if a man
being led to his execution said 'Write a Get to
my wife' - we write it and give it;
iv. Later, they added, even a man departing on a
sea voyage or with a caravan;
v. R. Shimon Shezuri says, even a dying man.
(m) Question (Rav Ashi): Why did Rav Zevid assume that the
Mishnah is as R. Shimon Shezuri - perhaps it is as
Chachamim!
3) THE ACQUISITION IN THE PRESENCE OF 3
(a) (Rav): Levi says to Yehudah: You have money of mine -
give it to David - if all 3 are present, David acquires
the money.
(b) (Rava): Presumably, Rav's law only applies by a deposit,
not by a loan - but in truth, Rav said it even by a loan!
1. (Shmuel): Levi says to Yehudah: You borrowed money
from me - give it to David - if all 3 are present,
Yehudah owes the money to David.
(c) Question: Why does this work?
(d) Answer #1 (Ameimar): It is as if Yehudah said when he
borrowed the money, 'I am indebted to you, or anyone that
will come in your stead.'
(e) Objection (Rav Ashi): If so, it should not be possible to
give the loan to someone that was not born at the time
the loan was given!
1. Even R. Meir, who says that a person can transfer
ownership of something that did not come to the
world - he can only transfer to someone in the
world!
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