POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf
Gitin 16
GITIN 16 - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of
his parents, Pinchas ben Reb Avraham Yitzchak and Leah bas
Michal Mordechai
|
1) OTHER THINGS THAT DO OR DO NOT JOIN (cont.)
(a) Question: Even if the first half is still wet, this does
not help
1. (Mishnah): Water being poured, or flowing down an
incline, or wetness - these are not connections,
neither to make something Tamei nor Tahor.
(b) Answer: Ilfa speaks when the first half of the hand
washed is still wet enough to wet something else.
(c) Question: This also is explicit in a Beraisa!
1. (Beraisa): Something wet enough to wet something
else, all the water on it is considered to be
connected.
(d) Answer: That Beraisa could be as R. Yehudah, regarding
Mikva'os.
1. (Mishnah): A Mikvah that contains exactly 40 Se'ah,
and 2 people immersed in it, one after the other -
the first is Tahor, the second is Tamei (since some
of the water remains on the first person, less than
40 Se'ah remains in the Mikvah);
2. R. Yehudah says, if the second immerses before the
first totally leaves the water, he is also Tahor
(the water on the first person is considered to be
connected to the Mikvah).
(e) (R. Yirmeyah): We know, one who enters (bathes in, or has
poured upon him) 3 Log of drawn water (i.e. that was in a
vessel), he is Tamei;
1. Question (R. Yirmeyah): What if half he enters half
this amount, and the other half falls on him?
i. This question is unresolved.
(f) (Rav Papa): We know, a man that had a seminal emission
and is sick, if 9 Kabin of water are poured on him, he is
Tahor (i.e. allowed to learn Torah);
1. Question (Rav Papa): What if he immerses in half
this amount, and the rest falls on him?
i. This question is unresolved.
2) 2 WHO BRING A GET
(a) (Mishnah): 1 messenger says 'it was written in front of
me', the other says 'it was signed in front of me' (it is
invalid).
(b) Version #1 (R. Shmuel bar Yehudah): This only applies
when only 1 is an agent to give the Get; but if both are
agents, it is Kosher.
16b---------------------------------------16b
1. He holds, 2 agents that bring a Get from abroad need
not make a declaration.
(c) Question (Abaye): But the end of the Mishnah says, 2
messengers say 'it was written in front of us', 1 says
'it was signed in front of me', it is invalid; R. Yehudah
says, it is valid!
1. You should also say that this only applies when only
1 (of those that saw it written) is an agent to give
the Get; but if both are agents, Chachamim agree
that it is Kosher!
(d) Answer (R. Shmuel bar Yehudah): Yes!
(e) Question: When only 1 (of those that saw it written) is
an agent to give the Get, why do Chachamim and R. Yehudah
argue?
(f) Answer: Chachamim decree, lest people will come to
validate other documents when only 1 witness recognizes
the signatures; R. Yehudah does not decree.
(g) Version #2 (Mishnah): 1 messenger says 'it was written in
front of me', the other says 'it was signed in front of
me' (it is invalid).
(h) (R. Shmuel bar Yehudah): This applies even when both are
agents to give the Get.
1. He holds, 2 agents that bring a Get from abroad must
say 'it was written and signed in front of us'.
(i) Question (Abaye): But the end of the Mishnah says, 2
messengers say 'it was written in front of us', 1 says
'it was signed in front of me', it is invalid; R. Yehudah
says, it is valid!
1. You should also say that this applies even when both
(of those that saw it written) are agents to give
the Get!
(j) Answer (R. Shmuel bar Yehudah): Yes!
(k) Question: Why do Chachamim and R. Yehudah argue?
(l) Answer: Chachamim say that (in general) the declaration
is needed because we are concerned that it was not
written Lishmah;
1. (Therefore, even 2 agents must testify that they saw
it written and signed; since only 1 of them saw it
signed, we decree that it is invalid, lest people
come to validate other documents based on 1
witness.)
(m) R. Yehudah says that (in general) the declaration is
needed because witnesses are not available to validate
the signatures - when there are 2 agents, there is no
concern for validation.
(n) Suggestion: Rabah and Rava argue as Chachamim and R.
Yehudah!
(o) Rejection: No - each Amora can say that both Chachamim
and R. Yehudah hold as he does.
1. Rava learns as Version #1.
2. Rabah says, both are concerned for Lishmah; the
Beraisa speaks after the law of Lishmah became
well-known;
i. Chachamim decree that the declaration must
still be made, lest the law will be forgotten
again; R. Yehudah does not make this decree.
3. Question: If so, R. Yehudah should also argue in the
previous case, 1 messenger says 'it was written in
front of me', the other says 'it was signed in front
of me' (it is invalid)!
4. Answer: Indeed, Ula taught that R. Yehudah also
argues in the previous case!
5. Question (R. Oshiya, against Ula - Beraisa): R.
Yehudah says that this case works, not another case.
i. Suggestion: The other case which does not work
is when 1 messenger says 'it was written in
front of me', the other says 'it was signed in
front of me'.
6. Answer: No - the case is when he says 'it was signed
in front of me but not written in front of me'.
i. One might have thought, since R. Yehudah did
not decree lest the law of Lishmah will be
forgotten again, he also does not decree that
the messenger must testify about the writing of
the Get (which itself is a decree so people
will not come to think that 1 witness is
normally acceptable for validation of
documents).
ii. We hear, this is not so.
(p) (Rav Yehudah): 2 agents that bring a Get from abroad - R.
Yehudah and Chachamim argue whether they must say 'it was
written and signed in front of us'.
(q) Question (Rav Yehudah and Rabah): 2 agents that bring a
Get from abroad - must they say 'it was written and
signed in front of us'?
(r) Answer (Rabah bar bar Chanah): They need not say it -
they themselves would be believed to say that they
witnessed the divorce (so there is no concern that the
husband will contest the Get)!
Next daf
|