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 36
GITIN 36 - Marcia and Lee Weinblatt of New Jersey have dedicated
this Daf in memory of Marcia's mother, Esther Friedman (Esther
Chaya Raizel bat Gershom Eliezer) and father, Hyman Smulevitz
(Chaim Yisochar ben Yaakov).
1) REVOKATION OF VOWS
(a) (Mishnah): A Kohen that marries a woman forbidden to
Kohanim is disqualified from Temple service until he vows
not to benefit from her.
2) THE ENACTMENT TO SIGN GITIN
1. (Beraisa): Immediately upon vowing, he may serve;
after serving, he divorces her.
(b) Answer #1: He must vow b'Rabim, i.e. in public.
2. Question (against Rav Nachman): If one may permit a
vow without detailing it - perhaps he will permit
his vow and keep his wife!
1. This fits the opinion that a vow made in public
cannot be revoked.
(c) Answer #2: He must vow "Al Da'as Rabim," i.e. with a
stipulation that the vow can only be rescinded with the
consent of the public.
2. Question: According to the opinion that a vow made
in public can be revoked, how may we answer?
1. (Ameimar): The law is, even the opinion that a vow
made in public can be revoked, a vow in which it is
stipulated that the vow can only be rescinded with
the consent of the public cannot be revoked.
i. This is only if there is no Mitzvah in revoking
the vow; but for the sake of a Mitzvah, it may
ii. There was a teacher of children who hit his
students excessively. Rav Acha vowed Al Da'as
Rabim that he should not teach any more. Ravina
returned the teacher, since no other teacher
taught as precisely as he did.
(a) (Mishnah): It was an enactment for the betterment of the
world that witnesses sign a Get.
(b) Question: This is not an enactment, this is mid'Oraisa -
"Written in a Sefer and signed"!
(c) Answer #1 (Rabah): The Mishnah is like R. Elazar, who
says that a Get is empowered by the witnesses that saw it
1. Chachamim enacted that witnesses should sign it, for
sometimes the witnesses die or go abroad and we
cannot establish the legitimacy of the Get.
(d) Answer #2 (Rav Yosef): The Mishnah could even be like R.
Meir - the enactment was that witnesses should explicitly
sign their names.
1. (Beraisa): At first, witnesses (no matter what their
names were) would sign 'I, Peloni, signed as a
witness' - if their signatures were found on other
documents, this document would be validated; if not,
(e) Question: Does it not suffice to draw a sign?
2. R. Gamliel says, it was a great enactment that
witnesses sign their names explicitly.
1. Rav drew a fish as his signature; R. Chanina, a palm
leaf; Rav Chisda would write a Samech; R. Oshiya, an
Ayin; Rabah bar Rav Huna would draw a mast.
(f) Answer: Chachamim are difference, their signatures are
(g) Question: When they first started signing thusly, they
were not well known!
(h) Answer: They first started signing thusly when they wrote
answers to questions or letters.
(a) (Mishnah): Hillel enacted Pruzbul...
(b) (Mishnah): A loan for which a Pruzbul was written is not
cancelled is Shemitah - this is one of Hillel's
1. He saw that people were refraining from lending each
other, transgressing "Beware, lest there be a base
thought in your heart", so he enacted Pruzbul.
(c) Question: Do we ever find, mid'Oraisa the loan is
cancelled, and Hillel enacts that it should not be
2. The essence of Pruzbul: the lender writes, 'I hand
over to you, judges Peloni and Peloni of the city
Peloni, that all debts owed to me by Peloni, I will
collect them whenever I want.'
i. The judges or witnesses sign below.
(d) Answer #1 (Abaye): The Mishnah is like Rebbi, who says
that cancellation of loans in Shemitah is only
1. (Beraisa - Rebbi): "This is the matter of Shemitah -
i. The verse speaks of 2 withholdings - not
working the land, and not collecting loans.
ii. When we may not work the land, we may not
collect loans; at a time when the law of not
working the land in Shemitah does not apply,
neither does the law of canceling loans.
(e) Question: Do we ever find, mid'Oraisa loan are not
cancelled (in Shemitah nowadays), and Chachamim enact
that it is cancelled?!
iii. Chachamim enacted cancellation of loans in
Shemitah (nowadays) as a remembrance of
Shemitah; Hillel saw that people were not
lending, so he enacted Pruzbul.
(f) Answer #1 (Abaye): Chachamim can make enactments in which
they tell people to refrain from things (i.e. the lender
should not collect his debt).
(g) Answer #2 (to questions (c)and (e) - Rava): Beis Din has
power to make things Hefker.
1. (R. Yitzchak): "Whoever does not come in 3 days will
lose all his property" - this teaches that Beis Din
can declare property Hefker.
(h) Question: Did Hillel enact Pruzbul for his generation, or
for all generations?
2. (R. Elazar): We learn from "These are the
inheritances...Elazar the Kohen and Yehoshua and the
heads of the fathers".
i. The leaders and the fathers are written
together, to teach that just as fathers can
bequeath whatever they want to their children,
also the leaders can bequeath whatever they
want to the nation.
1. Question: What difference does this make?
(i) Answer #1: Shmuel said, Pruzbul may only be written in
the Beis Din of Sura or Nehardai.
2. Answer: Whether later Chachamim can abolish it.
i. If he only enacted for his generation, any
later Chachamim can abolish it.
ii. If he enacted for all generations - Chachamim
can abolish the enactment of previous Chachamim
only if they are greater than the previous
Chachamim in Chachmah and number.
1. If it was enacted for all generations, one should be
able to write Pruzbul in any Beis Din!
(j) Rejection: Perhaps the enactment for generations was to
write it in a Beis Din like that of Hillel, or of Rav Ami
and Rav Asi, which has power to deprive people of their
1. It may not be written in a simple Beis Din.
(k) Answer #2: Shmuel said, Pruzbul is an Ulbana audacity of
the judges - if I had the power, I would abolish it.
1. Beis Din cannot abolish an enactment of a different
Beis Din unless the latter are greater in Chachmah
and in number (and clearly, Shmuel was smaller in
Chachmah than Hillel)!
(l) Rejection: Shmuel meant, if he was greater than Hillel,
he would abolish it.
(m) (Rav Nachman): (If I had the power) I would perpetuate
(n) Question: Pruzbul already is perpetuated!
(o) Answer: He meant, I would established that it applies
even for one who did not write a Pruzbul.
(p) Question: What did Shmuel mean by Ulbana - audacity or
(q) Answer: Ula said, a bride that has extramarital relations
at the Chupah is Aluva (it is a language of audacity).
1. (Rav Mari, son of Shmuel's daughter): Ula learned
this from "While the king was still at his banquet,
my fragrance gave off its scent" (While still at
Mount Sinai, Yisrael made the golden calf.)
(r) (Beraisa): "Those that love Hash-m are like the sun going
out in its might" - this is one who is disgraced and does
not disgrace; he hears (others recounting) his shame and
does not answer, he serves Hash-m from love and is happy
to receive afflictions.
2. (Rava): Yisrael retains its dearness to Hash-m - it
says, "Gave its scent", not 'spoiled'.