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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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