Ask A Question on the daf

Previous daf

1) INVALID GITIN AND CHALITZOS

(a) (R. Elazar): Chalitzah done with the left foot or at night does not permit her to remarry, but it disqualifies her from doing Yibum;
(b) Chalitzah by a minor or with a sock - it does not permit her to remarry, nor does it disqualify her from doing Yibum.
(c) (Ze'iri and Rav Asi): Only the get of the last case disqualifies her from Kehunah.
(d) (R. Yochanan): Even the last case does not disqualify her.

1. This is consistent with another teaching of R. Yochanan.
2. (Rav Asi, citing R. Yochanan): Brothers that divide an inheritance (of land) - they are considered to have sold to each other, and every Yovel, they return the portions they received, and divide the property again. (If he held of Bereirah, he would say that each brother inherited the proper portion, and they need not redivide in Yovel.)

(e) It was necessary for R. Yochanan to teach that there is no Bereirah in both cases.

1. Had he only taught regarding a Get - one might have thought, this is only by a Get, since it says "To her" - Lishmah, but the Torah only said that a sale returns on Yovel, not inheritances.
2. Had he only taught regarding inheritance - one might have thought, this is only a stringency (and by a Get we are also stringent, to say that it disqualifies her from Kehunah);

i. Or - one might have thought, inheritances return in Yovel in order to return to the original status, even though there is Bereirah.
ii. Therefore, he had to teach both cases, so we will know that there is no Bereirah at all.

(a) Question (Rav Hoshaya): A man told a scribe to write a Get for whichever of his wives will leave the door first - is this valid?
(b) Answer (Rav Yehudah - Mishnah): Even further - Reuven told a scribe to write a Get for one of his wives, later he will decide which one - he cannot use it to divorce either wife.

1. We see, there is not Bereirah; such a Get is invalid.

(c) Question (Rav Hoshaya - Mishnah): A man told his children: I will slaughter the Pesach sacrifice on behalf of whichever of you comes first to Yerushalayim - once the first child enters, he acquires his portion, and his siblings acquire through him.

1. Question (Rav Yehudah): How can you bring a proof from the Pesach sacrifice?
2. R. Yochanan said, the father was only training them to be zealous in Mitzvos (really, the father himself caused each child to acquire his share at the time of slaughter)!
3. Support #1: The Mishnah says, once the first child enters, he acquires his portion, and his siblings acquire through him.

i. We understand this if they already owned their shares at the time of slaughter.
ii. Question: If not - how could they acquire their shares later?
iii. (Mishnah): One may be appointed (acquire a share) on a Pesach sacrifice, or withdraw from it until it is slaughtered.

4. Support #2 (Beraisa): A case occurred, the daughters came to Yerushalayim before the sons - the daughters were zealous, the sons were lowly.

(d) Question (Abaye): I do not understand! Rav Hoshaya asked a case of Bereirah (Get) in which the husband makes the Get dependent on what others will do (which wife will leave first) - and Rav Yehudah answered from a case of Bereirah dependent on the man's own will (whichever wife he will decide to divorce)!

1. Further - Rav Hoshaya then rejected the proof, based on a case dependent on the will of others!

(e) Answer (Rava): Why is this difficult? Perhaps the opinion that says that there is Bereirah does not distinguish whether he makes it dependent on his own will or that of others; and also the opinion that there is no Bereirah does not distinguish!
(f) Question #1 (Rav Mesharshiya): But we see that R. Yehudah holds of Bereirah when he ascribes to the will of others, but not when he makes it dependent on his own will!

1. (Beraisa - R. Meir): One who buys wine from Kusim (and is not able to separate the tithes before drinking) says: The 2 Lugim that I will later separate should be Terumah; 10 Lugim (that I will separate) - Ma'aser Rishon; 9 Lugim - Ma'aser Sheni.

2. He (Rashi -redeems the Ma'aser Sheni; Tosfos - mixes the wine) and may drink immediately;
3. R. Yehudah, R. Yosi and R. Shimon say, he must separate the tithes before drinking.
4. We see, R. Yehudah does not hold of Bereirah when he ascribes to his own will. The following shows that he holds of Bereirah when he ascribes to the will of others.
5. (Mishnah): (A man gave a Get, to take effect immediately, if he will later die from his sickness.) R. Yehudah says, in the meantime, we consider his wife to be fully married; when he dies (of the sickness), the Get takes effect retroactively.

(g) Question #2 (Rav Mesharshiya): Also R. Shimon holds of Bereirah when he ascribes to the will of others, but not when he makes it dependent on his own will!

1. He does not hold of Bereirah when he ascribes to his own will - from the above Beraisa of tithing wine. He does hold of Bereirah when he ascribes to the will of others from the following.
2. (Beraisa): A man told a woman: 'I will have relations with you now, to make engagement on condition that my father agrees' - even if his father does not agree, she is engaged;

i. R. Shimon bar Yehudah says, R. Shimon says, she is only engaged if his father agrees.

(h) Answer (to both questions - Rava): Both R. Yehudah and R. Shimon hold of Bereirah, even when a person ascribes to his own will.

1. They do not allow relying on Bereirah to tithe wine for the reason stated in the Beraisa - perhaps the barrel will break before he separates the tithes, and he will have drunk Tevel retroactively.
2. R. Meir is not concerned lest the barrel break.