ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf
Gitin 79
GITIN 77-79 - Dedicated by an admirer of the work of the Dafyomi Advancement
Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer,
A"H.
|
Questions
1)
(a) The Tana of our Mishnah rules that if a man throws a Get to his wife,
who is standing on the roof, she is divorced as soon as the Get reaches the
airspace of the roof. The problem with this ruling is - that, as we just
explained, air which does not automatically protect the Get, cannot acquire,
and the air on an open roof does not protect the Get from the wind.
Consequently, if a dog subsequently caught the Get and ran off with it, or a
shower of rain erased the writing before it landed, the woman ought not to
be divorced.
(b) Rav Yehudah Amar Shmuel establishes our Mishnah by a roof with a
Ma'akeh (a parapet - and the Get is guarded by the walls of the parapet even
whilst it is in the air). Ula bar Menashe Mishmeih de'Avimi establishes it
even by a roof without walls - when the Get has already fallen to within
three Tefachim of the roof, in which case it is considered as if it was
resting on the roof.
(c) The Tana issues the same ruling in to the reverse case (when the husband
threw the Get from the roof to the Chatzer, in which case his wife is
divorced as soon as the Get leaves the airspace of the roof. The
ramifications of this ruling are - if a dog subsequently caught the Get and
ran off with it, or it was burned by a fire.
(d) To explain why the woman divorced, even though it initially appears that
the airspace of the Chatzer is not guarded, Rav Yehudah Amar Shmuel and a
number of other Amora'im establish the Seifa - when the outer walls of the
Chatzer are higher than those of the roof.
2)
(a) Someone who throws an object on Shabbos from one Reshus ha'Rabim to
another Reshus ha'Rabim via a Reshus ha'Yachid, is Chayav according to
Rebbi - because he holds 'K'lutah K'mi she'Hunchah Damya' (once an object
enters the airspace of a Reshus, it is as if it was resting in that Reshus).
(b) According to the Chachamim - he is Patur (because they hold 'K'lutah
La'av K'mi she'Hunchah Damya').
(c) Rebbi Aba asked Ula whether the author of our Mishnah is Rebbi, who
holds 'K'lutah k'Mi she'Hunchah Damya' - to which he replied that the
Rabbanan only argue with Rebbi with regard to Shabbos, but when it comes to
Gitin, they agree with him that she is divorced, provided the Get is
guarded.
(d) Regarding the ruling in the Seifa, Rav Nachman Amar Rabah bar Avuhah
establishes the Mishnah when the Get was blotted out or burned as it was
descending but not on its ascent - because he can only be considered as
having given her the Get if it was already descending (because we consider
it as having landed), but not whilst it is still ascending.
3)
(a) The Tana rules that even if a dog subsequently caught the Get and ran
off with it, or it was burned by a fire, once it leaves the airspace of the
roof, the woman is divorced. Rav Nachman Amar Rabah bar Avuhah restricts the
case of when the Get is burned by fire - to where the Get arrived in the
airspace of the Chatzer before the fire was did.
(b) Because - if the fire arrived in the Chatzer first, the Get would not
be destined to land in the Chatzer, and the woman would not be divorced.
4)
(a) When Rav Chisda says 'Reshuyos Chalukos le'Gitin', he means - that if a
husband lends his wife one area for her Get, we do not assume that he has
lent her an adjoining one.
(b) Rava tried to pinpoint the source for Rav Chisda's Din as the Reisha of
our Mishnah (where the man threw the Get to his wife on the roof). The Tana
cannot be speaking when both the roof and the Chatzer belong to ...
1. ... her - because then, the Get would not need to reach the airspace of
the roof for her to be divorced.
2. ... him - because then, she would not be divorced, even if it did.
(c) The case in the Reisha must therefore be when the Chatzer belongs to
him, and the roof, to her.
(d) Based on the fact that Rava does not want to establish the Seifa by his
roof and her Chatzer (so that the Reisha and the Seifa should not speak in
different cases), he establishes both the Reisha and the Seifa when the
entire area really belongs to the husband; the Reisha speaks when he lent
her the roof and the Seifa, when he lent her the Chatzer (proving Rav
Chisda's theory, that a person who lends someone one location does not
automatically lent him an adjoining one).
5)
Rami bar Chama repudiates Rava's proof - by establishing the Reisha by his
Chatzer and her roof, and the Seifa, by her Chatzer and his roof.
6)
(a) Rava lists three Dinim that are peculiar to Gitin. We have already
learned that although the Rabbanan maintain with regard to Shabbos 'K'lutah
La'av k'Mi she'Hunchah Damya', they will agree with Rebbi that 'K'lutah
La'av k'Mi she'Hunchah Damya' in our case, where the Get is guarded. Rav
Chisda says - that if someone threw something from the Reshus ha'Rabim to on
top of a hundred Amah post that is stuck in the ground in a Reshus
ha'Yachid - he is Chayav (because the Reshus ha'Yachid goes up to the sky).
(b) If however, a man threw his wife a Get on to the same post (even if it
belonged to her) she would not be divorced - because, even though it is
considered a Reshus ha'Yachid regarding Shabbos, it is not considered a
guarded place regarding Gitin.
(c) The third Din concerns two adjoining roofs. Rav Yehudah Amar Rav forbids
someone who is standing on his rooftop on Shabbos, to collect water from his
neighbor's adjoining rooftop - because the same as the houses to which the
roofs belong are considered different domains (without an Eiruv), so too,
are the roofs.
(d) Rava says that although regarding Shabbos, they are considered two
different domains - they are not considered different domains regarding
Gitin, when both roofs belong to the husband. We do not apply the principle
cited above, that someone who lends one area, does not necessarily lend the
other. Because as far as two adjoining roofs are concerned, a man does not
tend to be fussy about someone who borrows one of his roofs using the other
one.
79b---------------------------------------79b
Questions
7)
(a) Abaye said that if a man throws a Get from his outer Chatzer to his
wife's inner one, assuming that the walls of his Chatzer are higher than
hers - she is divorced, because her Chatzer is duly guarded by his.
(b) The Din in the equivalent case of two boxes, if the man throws a Get
into the inner box that belongs to her and whose walls are lower that his
is - that she is not divorced.
(c) The Din of the two boxes differs from that of the two Chatzeiros -
because the walls of a box (unlike those of a Chatzer) are made to contain
and not to guard.
(d) She is not divorced in the case of the two boxes only because the Get
did not rest in the box. If it did, this would not be a case of 'the vessels
of the purchaser in the domain of the seller' (which is subject to a
Machlokes Amora'im, as we learned earlier) - because Abaye is speaking in a
case when the outer box does not have a base, in which case her box in lying
on the ground (of her Chatzer or of a domain which authorizes her to acquire
in it).
8)
(a) Beis Shamai validates a Get Yashan - when the couple secluded themselves
between the writing of the Get and its handing over.
(b) Beis Hillel invalidate it.
(c) The basis of the Machlokes is whether the Chachamim issued a decree -
that, should the woman have children before her husband actually gives her
the Get, people might say that the Get preceded the children (giving them a
bad name).
(d) In the event that she married with a Get Yashan, Rebbi Aba Amar Shmuel
permits the woman to remain with her second husband. In the second Lashon,
he is even more lenient - there he holds that even if she was only divorced,
she is permitted to remarry Lechatchilah.
9)
(a) The Tana says - 'Kasav le'Shum Malchus she'Einah Hogenes, le'Shum
Malchus Madai, le'Shum Malchus Yavan, le'Binyan ha'Bayis, le'Churban
ha'Bayis' - Teitzei mi'Zeh u'mi'Zeh ... '.
(b) The Get under discussion is being written - in Bavel.
(c) All of these cases invalidate the Get - because the Chachamim required
the relevant Malchus to be inserted in the Get.
(d) The Tana of the Mishnah says that if a Sofer wrote a different location
than where the Get was written or than where the witnesses signed (see
Tosfos 80a. DH 'Ki') - 'Teitzei mi'Zeh u'mi'Zeh ... '.
10)
(a) She also requires a Get from both men. She is not entitled to claim her
Kesuvah or any of the Tena'ei Kesuvah.
(b) The children that she subsequently bears from either man are Mamzeirim -
those of the second are Mamzeirim d'Oraysa; those of the first, Mamzeirim
de'Rabbanan.
(c) If either husband is a Kohen - he is not permitted to bury her.
(d) Nor do they retain the right to receive whatever she finds or produces,
or to nullify her vows.
11)
(a) She will ...
1. ...become Pasul to marry a Kohen (even should both men die) if she is a
bas Yisrael - because she is a Zonah.
2. ... lose her right to eat Ma'aser, if she is a bas Levi and Terumah
de'Rabbanan, if she is a bas Kohen - on the basis of a K'nas (a penalty for
being careless).
(b) When the Tana says that neither set of children will inherit her Kesuvah
in the event of her death, he is referring, not to her Kesuvah (which she is
not entitled anyway, as we just learned, but to the 'Kesuvas B'nin Dichrin'
(the extra portion which *her* sons normally receive over and above the
regular Kesuvah).
(c) If both men die without children, and each one has a brother - then each
brother is obligated to perform Chalitzah.
(d) The brother of the second husand requires Chalitzah - in case people
suspect that her first husband divorced her and the second one married her
legally?
Next daf
|