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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Gitin 89
1) FOR WHICH RUMORS ARE WE CONCERNED?
(a) (Beraisa): We are not concerned for the following rumors:
1. Leah is not a virgin;
2. She was fully married or engaged (a while ago);
3. She was engaged today in another city, or even here,
but the rumor omits the name of the husband;
4. She is a Mamzeres or slave
5. She was engaged today in another city;
6. Reuven made his property Hekdesh or Hefker.
(b) (Ula): We are not concerned for mere hearsay (that Leah
was engaged), unless there were lamps burning, spread
beds, and people were going in and out saying 'Leah was
engaged today'.
(c) (Levi): We are only concerned if there were spread beds
and women happily weaving by burning lamps and saying
'Leah will be engaged today'.
(d) Question: Why should we be concerned - they only said she
will be engaged, perhaps she was not engaged!
(e) Correction (Rav Papa): Rather, they said she was engaged
today.
(f) (Rabah bar bar Chanah): We are only concerned if lamps
were burning, beds were spread and people were going in
and out;
1. If they said something, we are concerned; if not,
this is an excuse.
2. Question: If they didn't say anything - this is not
an excuse, it is nothing!
3. Answer: This clause comes to argue on Rabah bar Rav
Huna, who says that an excuse can even come 10 days
later;
i. Rabah bar bar Chanah holds that if there was
talk of engagement, an excuse will not help
later.
(g) (R. Aba): We are not concerned for mere hearsay, unless 2
bearers of the rumor say whom they heard from, and also
their sources, and we can trace the rumors until we reach
clarity.
(h) Question: If we reach clarity, that is testimony (not
mere rumors)!
(i) Correction (Rav Shmuel bar Yehudah citing R. Aba): The
bearers of the rumor must name their sources, who are now
overseas.
2) SILENCING RUMORS
(a) Question (Abaye): Does Beis Din silence unsubstantiated
rumors?
(b) Answer (Rav Yosef): Rav Chisda said, the bearers must
name sources that are valid witnesses - since we are only
concerned for solid rumors, it follows that we silence
unsubstantiated rumors.
(c) Objection (Abaye): Just the opposite! Rav Sheshes said,
we are concerned even for rumors from women - it follows,
we do not silence rumors.
(d) Answer (Rav Yosef): Different place conduct differently -
in Sura, they silence rumors, in Nehardai, they do not.
(e) There was a rumor that Leah became engaged to a Talmid.
1. Rav Chama: What happened?
2. Her father: She was engaged on condition that he
will not go to Bei Chuzai, and he went!
3. Rav Chama: Since this excuse was not heard when the
rumor started, you are not believed.
(f) There was a rumor that Leah received remnants of dates
left on pits (which is fitting for animals) as engagement
money, near a spring.
1. Question (Rav Idi bar Avin): What is the law?
2. Answer (Abaye): All agree that we silence such a
rumor - people will assume that it was found that
the date remnants were not worth a Perutah.
(g) Rumors came out about Leah that she became engaged to one
of Reuven's sons.
89b---------------------------------------89b
1. (Rava): All agree that we silence such a rumor -
people will say, it was found that a minor engaged
her.
(h) Rumors came out that Leah became engaged to Shimon;
Shimon was minor that was as tall as an adult.
1. (Rav Mordechai): (All agree that we silence such a
rumor) - people realize that he is immature, they
will say that it was found that he is a minor.
3) EXCUSES
(a) (Rabah bar bar Chanah): An excuse can even come 10 days
later.
(b) (Rav Zvid): Even the possibility of an excuse is as an
excuse.
(c) Question (Rav Papa - Mishnah): As long as there is not an
excuse...
(d) Answer (Rav Zvid): It means, as long as there is not the
possibility of an excuse.
(e) (Rav Kahana): A Mishnah supports Rav Zvid!
1. (Mishnah): (Leah's husband Reuven went overseas; 1
witness told her that Reuven died.) Levi engaged
her, then Reuven returned - she is permitted to
Reuven.
i. Suggestion: Even though people will assume that
Reuven divorced her, we are not concerned, for
they will assume that Levi's engagement was on
condition.
(f) Rejection (Rav Papa): There is different, for Reuven
returned (and they will suspect that she was not
divorced, rather she thought that Reuven died).
(g) Question: If so, she should be permitted even if she
married Levi!
(h) Answer: If she remarried, she transgressed, so she is
fined; if she was only engaged, she did not transgress,
she is not fined.
(i) (Rav Ashi): We are not concerned for a rumor that was not
affirmed by Beis Din.
(j) (Rav Ashi): We are not concerned for a rumor that started
after Leah was married.
1. Inference: We are concerned for rumors that started
after engagement.
(k) (Rav Chaviva): We are not concerned for rumors that
started after engagement.
1. The law is, we are not concerned.
4) AN APPARENT SECOND MARRIAGE
(a) Question (Bei Rav): There were rumors that that Reuven
engaged Leah, and then Shimon engaged her with witnesses
- what is the law?
(b) Answer (Shmuel): She must leave Shimon; you should
clarify the matter and inform me.
(c) Question: What did Shmuel intend to do when he hears?
1. Suggestion: If he hears that the rumors were
unsubstantiated, he will silence the rumors.
2. Rejection: Shmuel is from Nehardai, in Nehardai they
do not silence rumors!
(d) Answer: If the rumors are found to be true, she does not
need a Get from Shimon; this argues on Rav Huna,
1. (Rav Huna): Sarah was (assumed to be) married to
Levi; she accepted engagement money from Yehudah -
she is engaged to Yehudah, by Rav Hamnuna's law.
i. (Rav Hamnuna): A woman that says to her husband
'You divorced me' - she is believed, for a
woman lacks the audacity to say such a lie to
her husband.
2. Shmuel will hold that Rav Hamnuna's law only applies
when she says this in front of her husband - but she
is able to lie when not in front of him.
(e) Question: What do we do if the rumors are found to be
unsubstantiated?
(f) Answer #1 (Rav Huna): Reuven divorces her, and she
marries Shimon; we do not allow that Shimon divorce her
and she will marry Reuven.
(g) Question: Why not?
(h) Answer: People will say that the rumors were true, Reuven
divorced her, and is now remarrying her after she was
engaged to another man.
(i) Answer #2 (Rav Shinena brei d'Rav Idi): We even allow
that Shimon divorces her and she marries Reuven.
1. People will say that Chachamim investigated and
found that Shimon's engagement was invalid.
(j) Question: If there are rumors that Sarah became engaged
to Levi, and later rumors that she became engaged to
Yehudah - what is the law?
(k) Answer #1 (Rav Papa): Also in this case, Levi divorces
her, and she marries Yehudah (but not vice-versa).
(l) Answer #2 (Ameimar): She can marry either one (after
receiving a Get from the other).
1. The law is as Ameimar.
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