Gittin 36

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Jan 182016
 

Different vows have different levels of strength regarding whether or not one can go to a chacham to cancel the vow.  The takana of having witnesses sign on the get is explained both according to Rabbi Elazar (who claims that according to the Torah there is no need to witnesses to sign the get) and according to Rabbi Meir (who claims that from the Torah you need witnesses to sign on the get).  The takana of pruzbol is questioned – how can the rabbis make a takana to go against what the Torah says.  Two explanations are given.  Later Rabbis had different reactions to pruzbol about whether or not it was a positive development.

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Gittin 35

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Jan 172016
 

A widow who comes to collect her ketuba money form the orphans, must swear that the husband didn’t give her any of the ketuba money in his lifetime (just like all creditors need to do to collect from orphans on their father’s debts).  The Rabbis were concerned she may swear falsely and therefore would not allow her to swear.  Since they could no longer collect their ketuba money, Rabban Gamliel instituted that a woman could take a vow instead of swearing.  Why is the concern only for widows?  Why is a vow better than swearing in terms of concern for lying?  Historically, Rav would not allow women to collect their ketubot because he saw that people didn’t take vows seriously.  This lead to a woman getting very angry and caused the death of a Rabbi and as a result, Rav Yehuda make a public declaration endorsing Shmuel’s opinion against Rav.  Why is there not a concern that a woman’s husband will cancel her vow or she will go to a chacham to annul the vow?

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Gittin 33-34a

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Jan 152016
 

What is the reason for the takana of Rabban Gamliel and how does it connect to the issue of in front of how many people does he need to cancel the get.  If one goes against the takana of Rabban Gamliel and cancels a get in a court (or in a court in a different city) is the get cancelled or not?  Do Rabbis have the power to override Torah law?  The  gemara explains that the Rabbis have the power to uproot the marriage in this case because the husband didn’t keep to their rules regarding marriage and therefore didn’t keep to his conditions of “k’dat moshe v’yisrael” that he accepted when he got married.  To what extent can this concept be applied has important ramifications.  If one cancels testimony, does he need to cancel it in front of all those who he told it to?  Is gilui da’at – if his intent is clear without him actually saying tha he is cancelling the get – effective in cancelling a get?  this is one of the 6 cases where we hold like Abaye over Rava.  He holds that it is ineffective.

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Gittin 32

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Jan 142016
 

How does one cancel a get?  At what stage can it be cancelled?  Which wording is effective and which wording would not be effective to cancel?  If he cancels the get that a messenger is sending, can he reuse the same get later if he in fact decides to divorce his wife or is the get itself cancelled?

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Gittin 31

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Jan 132016
 

A person has maaser that belong to a levi in his house.  Can he buy it off of him and not worry that they is trumat maaser there?  A few different explanations of exactly what the situation is are given.  A big discussion ensues over the weather – what are the differnet kinds of winds and what kind of damage they can incur.

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Gittin 30

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Jan 122016
 

If someone makse a condition to giving the get and the condition isn’t fulfilled for reasons beyond his control – is the get a good get or not?  the mishna and gemara discuss of case of someone who loans money and stipulates that instead of getting paid back, he will deduct the amount from truma or maaser (assuming the loan was given to a kohen, levi or poor person).

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Gittin 28

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Jan 102016
 

In what cases do we presume someone is dead and in what cases do we not?  Is there a difference between a case of a get sent by a sick person via a messenger – is the get valid  – or a case where a Kohen went abroad and we want to know if his wife can continue eating teruma or should we be concerned he died?

Study Guide Gittin 28

 

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Gittin 26

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Jan 082016
 

Three opinions are brought in the mishna regarding a get and other documents whether you can prepare the documents in advance and if so, which parts.  The gemara brings different interpretations regarding the first tanna’s opinion whether it corresponds to rabbi Meir or Rabbi Elazar’s opinion.

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