POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 73
GITIN 73-75 - Anonymously dedicated by an ardent supporter who wants the
Zechus of spreading Torah throughout the world.
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1) FREAK OCCURRENCES
(a) (Beraisa): 'This is your Get from today if I die from
this sickness' - the house caved in on him, or he was
eaten by a snake - the Get is invalid;
1. 'If I do not recover from this sickness' - the house
caved in on him, or he was eaten by a snake - the
Get is valid.
(b) Question: Why is the law different in the latter case?
(c) Answer (Sages of Eretz Yisrael): Also there, the Get is
invalid (there is a mistake in the Beraisa).
(d) Reuven sold land to Shimon, and took responsibility to
compensate him for any Ones (an unavoidable loss of the
land). A river was rerouted through the land.
1. (Ravina): He accepted responsibility for any Ones!
2. (Rav Acha bar Tachlifa and Rava): This is an
abnormal Ones (he did not accept responsibility for
such an Ones).
3. Question (Ravina - Beraisa): 'If I do not recover
from this sickness' - the house caved in on him, or
he was eaten by a snake - the Get is valid.
4. Counter-question (Rava): But the beginning of that
Beraisa says that the Get is invalid!
i. Question (Rav Acha miDifti): Granted, there is
a contradiction within the Beraisa - but does
this mean that one cannot ask from it?!
ii. Answer (Ravina): Yes! There must be a mistake
in the Beraisa, we cannot rely on it. We rely
on reasoning (he did not accept such an Ones).
(e) Rav Papa and Rav Huna brei d'Rav Yehoshua hired sailors
to transport some sesame; the workers accepted
responsibility for any Ones. The river was dammed up;
they asked the sailors to pay to take the sesame by
donkeys.
1. Rava: The sailors are exempt - this is an abnormal
Ones.
2) A MAN THAT COHABITS WITH HIS CONDITIONALLY DIVORCED WIFE
(a) (Mishnah): (A Get was given 'From today if I die'.) The
husband and wife may not be alone together;
1. It suffices to have anyone with them, even a slave,
except for her female slave, for she feels no shame
in front of her slave.
(b) Question: What is her law in the interim?
73b---------------------------------------73b
(c) Answer: R. Yehudah says, she is fully divorced; R. Yosi
says, she has the stringencies of being divorced and not
divorced.
(d) (Gemara - Beraisa): If witnesses saw that they were
together in the dark, or that she slept by him, we are
not concerned for another matter, we are concerned for
harlotry, we are not concerned that he re-engaged her
through relations;
(e) R. Yosi b'Rebbi Yehudah says, we are even concerned for
engagement.
(f) Question: What does the Beraisa say?
(g) Answer #1 (Rav Nachman): If witnesses saw that they had
relations, we are concerned that he engaged her;
1. If he gave her money, we are concerned for harlotry
- the money was her hire - we are not concerned for
engagement;
2. R. Yosi b'Rebbi Yehudah says, even in this case, we
are concerned for engagement.
3. Question: According to Rav Nachman, as which Tana'im
in our Beraisa did Rabah bar bar Chanah say the
following?
i. (Rabah bar bar Chanah): If witnesses did not
see relations, Beis Hillel and Beis Shamai
agree that another Get is not needed; Beis
Hillel only require another Get when witnesses
saw that they had relations.
4. Answer: His teaching is as Chachamim and as R. Yosi
b'Rebbi Yehudah.
(h) Objection (Abaye): The Beraisa does not mention money!
(i) Answer #2 (Abaye): Rather, the Mishnah says: if witnesses
saw that they had relations, we are concerned for
harlotry, we are not concerned for engagement;
(j) R. Yosi b'Rebbi Yehudah says, we are even concerned for
engagement.
1. Question: According to Abaye, as whom does Rabah bar
bar Chanah hold?
2. Answer: As R. Yosi b'Rebbi Yehudah.
(k) Objection (Rava): If so, why does the Beraisa say we are
even concerned for engagement (it is the only concern -
harlotry does not create any additional prohibitions)!
(l) Answer #3 (Rava): Rather, R. Yosi b'Rebbi Yehudah says,
even if witnesses did not see relations, we are concerned
for engagement.
1. Question: According to Rava, as whom does Rabah bar
bar Chanah hold?
2. Answer: He is not as either Tana.
3) A GET HANGING IN THE BALANCE
(a) (Mishnah) Question: What is her law in the interim?
(b) Answer: R. Yehudah says, she is fully divorced; R. Yosi
says, she has the stringencies of being divorced and not
divorced.
(c) (Beraisa): This only applies if he dies (from the
sickness).
(d) Question: When he dies, why does the Get help - a Get
cannot take effect after death!
(e) Answer (Rabah): The case is, he said '(The Get should
take effect) at the last moment I am in the world'
(Rashi; Tosfos - it is as if he said, '(The Get should
take effect) at the last moment I am in the world').
(f) (Beraisa - R. Yehudah): In the interim, her husband has
the following privileges: he receives objects she finds
and her earnings, he can annul her vows, (if she would
die) he inherits her and (if he is a Kohen) becomes Tamei
to engage in her burial.
1. The rule is: she is as his wife in every respect,
just she does not need another Get.
(g) R. Meir says, if she has relations with another man,
liability for this is hanging (to be determined).
(h) R. Yosi says, if she has relations with another man, we
are in doubt if they are liable for this.
(i) Chachamim say, she has the stringencies of being divorced
and not divorced, provided he (eventually) dies from the
sickness.
(j) Question: On what do R. Meir and R. Yosi disagree?
(k) Answer (R. Yochanan): According to R. Meir, they bring a
doubtful guilt-offering for relations; according to R.
Yosi, they do not.
(l) Question: Chachamim and R. Yosi do not disagree!
(m) Answer: They do disagree regarding R. Zeira's law.
1. (R. Zeira): Whenever the sages said 'she is divorced
and not divorced', he is obligated to feed her.
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