POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Gitin 35
GITIN 34 & 35 - The Dafim have been sponsored by Rabbi Dr. Eli Turkel and
his wife, Jeri Turkel. May Hashem bless them with many years of Simcha,
health and fulfillment, and may they see all of their children and
grandchildren follow them in the ways of Torah and Yir'as Shamayim!
1) SWEARING TO COLLECT
(a) (Mishnah): Judges refrained from administering the oath.
(b) Question: Why?
1. Suggestion: Because of the case Rav Kahana recorded.
(c) Question: If this is the reason - they should have
stopped divorced women from swearing as well!
2. (Rav Kahana): A man once deposited a gold coin with
a widow during a famine year. She put it in the
flour; it got baked into a loaf, and she gave the
loaf to a poor man. When the depositor asked for his
coin, she swore that she did not benefit from it,
and that one of her children should die if she is
lying. Soon after, 1 of her children died.
i. Chachamim: If someone who swears truthfully is
punished thusly, all the more so one who swears
3. Question: Why was she punished?
4. Answer: She benefited from the coin (it saved her
flour which otherwise would have been used in the
loaf she gave to the poor man).
5. Question: If so, she did not swear truthfully!
6. Answer: Rather, she was as one that swore truthfully
(she did not intend to lie).
1. (R. Zeira): They only stopped widows from swearing,
divorcees still swear.
(d) Answer: A widow toils to care for the orphans. She might
swear that that she did not receive any money from the
Kesuvah, even if she did, since she feels she is entitled
to compensation for her toil.
(e) Version #1 [Sages of Sura] (Rav Yehudah): Rav and Shmuel
both say that only in Beis Din she does not swear, but
she may swear outside of Beis Din.
(f) Question: But Rav would not allow a widow to collect her
Kesuvah! (According to Rav Yehudah, he should have her
swear outside Beis Din.)
1. This is left difficult.
(g) Version #2 [Sages of Nehardai] (Rav Yehudah citing
Shmuel): Only in Beis Din she does not swear, but she may
swear outside of Beis Din.
(h) (Rav Yehudah citing Rav): She does not swear even outside
of Beis Din.
1. This is consistent with Rav's practice not to allow
a widow to collect her Kesuvah.
(i) A widow came before Rav Huna to collect her Kesuvah.
2. Question: Why doesn't Rav allow her to collect
through a vow?
3. Answer: In Rav's day, people took vows lightly.
1. Rav Huna: I hold like Rav, who does not collect a
Kesuvah for a widow.
(j) A widow came before Rabah bar Rav Huna to collect her
2. The woman: The reason is, you suspect I may have
already received part of my Kesuvah - I swear by
Hash-m's name, I have not benefited from my Kesuvah!
3. (Rav Huna): Rav admits, if she swears on her own,
she receives her Kesuvah.
1. Rabah bar Rav Huna: I hold like Rav and my father,
who did not collect a Kesuvah for a widow.
(k) Rav Yehudah instructed R. Yirmeyah Bira'ah: Have the
widow vow in Beis Din and swear outside of Beis Din - let
it become known that widows collect Kesuvos.
2. The woman: Give me food (as I am entitled to, since
I am not receiving the Kesuvah).
3. Rabah bar Rav Huna: I hold like Shmuel - once a
woman requests her Kesuvah, she does not receive
4. The woman: Your stomach should turn over - you ruled
against me as 2 sages whose rulings do not go
i. They reversed the chair of Rabah bar Rav Huna
and returned it, hoping that this would be
considered fulfillment of the curse - still, he
(l) (R. Zeira): Widows don't swear, but divorcees do.
(m) Question: Is it really true that a divorcee only collects
through an oath, not through a vow?
1. Rabanan in Eretz Yisrael sent a message about a
certain woman that received a Get, and vowed not to
eat fruits if she had already received towards her
Kesuvah anything more than a coat, a Sefer Tehilim,
a Sefer Iyov, and a worn Sefer Mishlei;
2) COLLECTING THORUGH A VOW
2. Rabanan: We appraised these to be worth 5 Maneh -
you should let her collect the rest of her Kesuvah.
(n) Answer (Rav Ashi): Yes, a divorcee needs an oath; this
case was a widow - she had received a Get from a Yavam
(to forbid Yibum).
(a) (Mishnah): R. Gamliel enacted that she should vow...
3) PERMITTAL OF VOWS
(b) (Rav Huna): This is only if she did not yet remarry - but
if she already remarried, we do not have her vow.
(c) Question: Is this not because her husband will annul the
vow? Also before she remarries, we should worry, she will
vow falsely, expecting that she will marry and her
husband will annul her vow.
(d) Answer: A husband cannot annul vows she took before he
(e) Question: We should always worry, she will vow falsely,
expecting that she will regret her vow in Beis Din, and
Beis Din will permit it!
(f) Answer: Rav Huna holds that one asking permittal of a vow
must give the details of the vow.
(g) (Rav Nachman): She collects her Kesuvah through a vow
even after she remarried.
(h) Question: Surely, (she is not afraid to vow falsely, for)
her husband will annul the vow!
(i) Answer: She vows in front of many people.
(j) Question (against Rav Huna - Beraisa): If she remarried,
she collects her Kesuvah if she vowed.
1. Suggestion: This means, if she vows now.
(k) Answer: No, if she vowed before she remarried.
(l) Question (Beraisa): If she remarried, she vows and
collects her Kesuvah.
(m) Answer: Tana'im argue whether a vow made in front of many
people can be permitted. (The opinion that says it
cannot, will say that she can vow after remarrying to
collect her Kesuvah.)
(a) Question: One who seeks permittal of a vow (from Beis
Din) - must he give the details of the vow?
(b) Answer #1 (Rav Nachman): He need not.
(c) Answer #2 (Rav Papa): He must.
1. Rav Nachman says he need not - if he had to,
sometimes he would omit a detail, and the permittal
would be invalid, since Beis Din only permits what
(d) (Mishnah): A Kohen that marries a woman forbidden to
Kohanim is disqualified from Temple service until he vows
not to benefit from her.
2. Rav Papa says he must - perhaps he seeks permittal
of a vow in order to transgress!
1. (Beraisa): Immediately upon vowing, he may serve;
after serving, he divorces her.
2. Question (against Rav Nachman): If one may permit a
vow without detailing it - perhaps he will permit
his vow and keep his wife!