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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.

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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