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 59
GITIN 59 & 60 - 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) THE LEADERSHIP IN YISRAEL
(a) (Rav): I was among the Beis Din that Rebbi convened to
vote on this law - I was the first to speak.
2) ACQUISITIONS OF CHILDREN
(b) Question: But in matters of money or Tum'ah, the greatest
sage speaks first (and Rebbi was the greatest); in
capital cases, he does not!
(c) Answer (Rabah brei d'Rava): Rebbi conducted differently,
he never spoke first.
(d) (Rabah brei d'Rava): From the time of Moshe until Rebbi,
we do not find that the leader of Yisrael was the
greatest in Torah.
(e) Question #1: Yehoshua (bin Nun) was the leader and the
greatest in Torah!
(f) Answer: Elazar (ben Aharon) was as great in Torah.
(g) Question #2: Elazar was the greatest (after Yehoshua
(h) Answer: Pinchas was as great.
(i) Question #3: Pinchas was the greatest (after Elazar
(j) Answer: The elders were as great.
(k) Question #4: Sha'ul was the greatest!
(l) Answer: Shmuel was around.
1. Question: After Shmuel died, Sha'ul was the
(m) Question #5: Shlomo was the greatest!
2. Answer: Rabah brei d'Rava means, no one else was the
greatest all the years of his reign.
(n) Answer: Shimi ben Geira was around.
1. Question: Shlomo was greatest after he killed Shimi!
(o) Question #6: Chizkiyah was the greatest!
2. Answer: He was not greatest all years of his reign.
(p) Answer: There was Shevna.
1. Question: He was killed!
(q) Question: Ezra was greatest!
2. Answer: Chizkiyah was not greatest all years of his
(r) Answer: Nechemyah ben Chachliyah was as great.
1. (Rav Acha brei d'Rava): Similarly, from Rebbi until
Rav Ashi, the leader was not the greatest in Torah.
2. Question: Huna bar Noson was the greatest!
3. Answer: Huna bar Noson was submissive to Rav Ashi.
(a) (Mishnah): A Cheresh (deaf-mute) that gestures or reacts
to gestures - through this he may buy and sell property;
3) ENACTMENTS FOR THE SAKE OF PEACE
1. Ben Beseirah says, by moving his lips (or responding
to others doing this) he may buy or sell Metaltelim.
(b) (Gemara) [Version #1 (Rav Nachman): They only argue
regarding Metaltelim, but all agree regarding Gitin that
gestures are enough.
2. Pa'utos (mature children) - what they buy and sell
in Metaltelim stands.
(c) Question: This is obvious - the Mishnah explicitly says
that they argue by Metaltelim!
(d) Answer: One might have thought, they argue even by
Metaltelim - we hear, this is not so.]
(e) [Version #2 (Rav Nachman): Just as they argue regarding
Metaltelim, they also argue regarding Gitin.
(f) Question: But the Mishnah only says that they argue by
(g) Answer: It means, they argue even by Metaltelim.
(h) (Mishnah): Pa'utos - what they buy and sell in Metaltelim
(i) Question: At what age are children considered Pa'utos?
(j) Answer #1 (Rav Yehudah): Six or seven.
(k) Answer #2 (Rav Kahana): Seven or eight.
(l) Answer #3 (Beraisa): Nine or ten.
1. They do not argue - it varies, according to the
sharpness of the child.
(m) Question: Why was it enacted that Pa'utos can deal in
(n) Answer (Rav Aba bar Yakov): So he can buy his
(o) Question: "He said to the overseer of the Miltechah, take
out clothing for all that serve the idol Ba'al" - what is
(p) Answer (Rav Aba bar Yakov): (A fabric) that is niMLal and
nimTaCH (rolled and strectched).
1. (Rav Dimi): Bunyas ben Bunyas sent to Rebbi 4 types
of linen garments. They were amazingly thin, and
could be compressed into the size of a nut and a
(q) Question: Up to how much may Pa'utos err, and the
transaction will be valid?
(r) Answer (R. Yonah): Up to a sixth of the value, as by an
(s) Question (Abaye): Can Pa'utos give gifts?
(t) Answer #1 (Rav Yemar): No.
(u) Answer #2 (Mar bar Rav Ashi): They can.
1. Rabanan sent these opinions to Rav Mordechai, but
they switched them.
2. (Rav Mordechai): Tell Mar bar Rav Ashi that my Rebbi
(his father) ruled that they can give gifts;
i. This applies whether the child is healthy or
dying, whether the gift is large or small.
(a) (Mishnah): These enactments are for the sake of Shalom:
1. A Kohen reads the Torah first, followed by a Levi,
followed by a Yisrael.
2. The Eiruv (bread used to make the houses of a
courtyard considered to be a single domain) is
always placed in the same house.
4) THE ORDER OF READING FROM THE TORAH
3. The pit closest to the irrigation ditch takes water
4. It is considered stealing to take from where
fishermen and hunters set their traps;
i. R. Yosi says, this is absolute theft!
5. It is considered stealing to take an object found by
a deaf person, lunatic or minor;
i. R. Yosi says, this is absolute theft!
6. A poor person on an olive tree knocking down olives
- another person may not take the olives below;
i. R. Yosi says, this is absolute theft!
7. We do not object to poor Nochri that take Leket,
Shichchah and Pei'ah - this is an enactment for the
sake of Shalom.
(a) (Gemara) Question: From where do we know (that a Kohen
(b) Answer #1 (Rav Masnah): "Moshe wrote the Torah and gave
it to the Kohanim, the sons of Levi".
1. Question: We already know that Kohanim descend from
(c) Answer #2 (Rav Ashi): "Aharon was separated to be the
2. Answer: Rather, it teaches that a Kohen reads first,
then a Levi.
(d) Answer #3 (R. Chiya bar Aba): "You will sanctify (a
Kohen)" - for every matter of Kedushah.
1. Beraisa (Tana d'Vei R. Yishmael): "You will sanctify
(a Kohen)" - for every matter of Kedushah - to speak
first, to bless first, to receive a nice portion
(e) Answer #4 (Abaye): When the Mishnah says that a Kohen
reads first for the sake of Shalom - it means, as my
Rebbi (Rabah) taught (that he must read first; the Torah
only teaches that we ask him to read first).
2. Question (Abaye): Why does the Mishnah say he reads
first for the sake of Shalom - the Torah says that
he reads first!
3. Answer (Rav Yosef): The Torah says this for the sake
4. Objection: All laws of the Torah are for the sake of
Shalom - "Its ways are ways of Shalom"!
1. (Beraisa): Two people eating from a common serving
bowl - one does not take another portion until the
other finishes his portion (and can take at the same
(f) (Abaye): If no Kohen is present, the order is undone (and
the Levi does not read the Torah at all; others explain,
there is not set place for him to read).
i. If 3 people are eating and 2 have finished,
they need not wait for the third.
2. The one who blessed on the bread is the first to
take from the bowl (to accompany his bread); he may
honor his Rebbi or one greater than himself by
letting them take first.
i. (Rabah): This only applies to a meal - but
regarding reading the Torah first, a Kohen may
not honor someone else by letting him read
first, for this will lead to quarrels.
ii. (Rav Masnah): Rabah's law only applies on
Shabbos or Yom Tov, when many people are in
synagogue, but not on Mondays or Thursdays.
iii. Question: But Rav Huna (who was not a Kohen)
read first on Shabbos and Yom Tov!
iv. Answer: He is an exception - even R. Ami and R.
Asi, the greatest Kohanim of Eretz Yisrael,
were submissive to him (so people will not
quarrel if he reads first).
(g) (Abaye): If no Levi is present, a Kohen reads in his
(h) Question: But R. Yochanan taught, a Kohen may not read
after a Kohen, lest people will think that (the latter)
is reading because it was learned that the first was not
a valid Kohen; a Levi may not read after a Levi, lest
people will think (either) one of them is not a Levi!
(i) Answer (Abaye): The same Kohen that read first, he reads
the second portion.
(j) Question: Regarding Levi'im, R. Yochanan says that people
may think that either of them is not a Levi - by Kohanim,
he is only concerned what people will think about the
(k) Answer: The case is, everyone knows that the father of
the second Kohen is a valid Kohen.
(l) Question: We should say that similarly, everyone knows
that the father of the second Levi is a valid Levi!
(m) Answer: We must say, people will think that the mother of
the second Levi is a Mamzeres or Nesinah, therefore he is
not a proper Levi.
(n) Question: If so, we should be concerned by the second
Kohen, that people will think that his mother is a
divorcee or Chalutzah, and he is an invalid Kohen!
(o) Answer: If he was invalid, he would not even be
considered a Levi, and would not read second (so people
will not suspect this).
(p) Question: About whom are we worried (that they will
suspect that the first Kohen is invalid)?
1. Suggestion: If about people that stay for the entire
Torah reading - they will see that he was counted
among the 7 that read (so they will know that he is
a valid Kohen)!
(q) Answer: Rather, the concern is for people that leave
during the Torah reading.