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 30
GITIN 29 & 30 - have been anonymously dedicated by a very special
Marbitz Torah and student of the Daf from Ramat Beit Shemesh,
1) SHALI'ACH OF A SHALI'ACH
(a) Question (Rava): When Beis Din appoints another agent,
must this be in front of the previous agent?
2) A DEBT TO BE PAID THROUGH TITHES
(b) Answer (Rava): They need not appoint in front of the
1. Sages of Eretz Yisrael ruled as Rava.
(c) Reuven told his wife: This Get should take effect if I do
not return in 30 days.
1. Reuven was returning; the ferry to cross the river
was not available. He shouted: See - I am returning!
(d) Reuven told his wife: This Get should take effect if I do
not appease you within 30 days.
2. Shmuel: That does not count as returning; the Get
1. Reuven tried appeasing her; she was not appeased.
2. Version #1 (Rav Yosef): He did not give her a chest
full of coins (i.e. he did not try hard enough to
appease her - the Get takes effect).
3. Version #2 (Rav Yosef): Must he give her a chest
full of coins?! He only stipulated to make a
reasonable attempt to appease her - he did this, she
is the one that refuses to be appeased!
i. Version #2 is as the opinion that says that
there is a claim of Ones regarding Gitin.
(Reuven gave a Get on condition. If he made
proper efforts to fulfill his condition but was
unable, it is as if he fulfilled it, and the
Get is void.) Version #1 is as the opinion that
there is no claim of Ones regarding Gitin.
(a) (Mishnah): Reuven lent money to Shimon, who is a Kohen,
Levi or poor person. He stipulated that he will keep the
Terumah or Ma'aser or poor man's tithe that Shimon is
entitled to, and deduct its value from the loan. He may
do this, and presume that Shimon is still alive.
3) IF THE BORROWER DIED
1. He need not be concerned that Shimon died, or (if he
was poor) that he became rich.
(b) Question: How does this work - Shimon never took
possession of the tithes - Reuven never gave the tithes!
2. If he hears that Shimon died, he must ask Shimon's
heirs for permission to continue the deal.
3. If the loan was made in front of Beis Din, he need
not ask the heirs for permission.
(c) Answer #1 (Rav): The case is, Reuven always gives his
Terumah or Ma'aser to Shimon - once Reuven separates it,
it automatically belongs to Shimon!
(d) Answer #2 (Shmuel): The case is, Reuven asked another man
Yehudah to acquire the tithes on behalf of Shimon.
(e) Answer #3 (Ula): The Mishnah is as R. Yosi, who says that
Chachamim enacted that someone who (mid'Oraisa) does not
acquire, it is as if he acquired.
1. Shmuel and Ula did not say as Rav, for the Mishnah
does not explicitly say that we are dealing with a
Kohen or Levi that Reuven always gives to.
(f) (Beraisa): Reuven lent money to Shimon, on condition that
Reuven will keep the tithes due to Shimon, and deduct
their value from the loan. He may do this, and presume
that Shimon is still alive.
2. Rav and Ula did not say as Shmuel, for the Mishnah
does not explicitly say that someone else acquired
on their behalf.
3. Rav and Shmuel did not say as Ula, for they do not
want to establish our Mishnah as 1 Tana.
1. He may stipulate that the tithes will be purchased
at the lower price (if the price goes down) - this
is not interest.
(g) Question: The Beraisa says, he may stipulate that the
tithes will be purchased at the lower price - this is
2. Shemitah does not cancel this loan. If he wants to
cancel the deal, he cannot.
3. If Reuven despaired (he thought that the tithes on
his crops would not equal the value of the debt), he
cannot continue to keep the tithes as payment for
the loan, since it is as if the loan was lost.
(h) Answer: The Beraisa teaches, even if he did not
explicitly stipulate, it is as if he did.
(i) Question: Why is it not a problem of interest?
(j) Answer: Since Reuven could lose, if the tithes will not
equal the value of the loan - even if he gains (i.e. the
price goes down), it is permitted.
1. Shemitah does not cancel this loan - because Reuven
was not able to ask Shimon to pay back.
(k) (Beraisa): If he wants to cancel the deal, he cannot.
1. (Rav Papa): This only applies to Reuven - but Shimon
can cancel the deal.
(l) (Beraisa): If Reuven despaired, he cannot continue to
keep the tithes as payment for the loan, since it is as
if the loan was lost.
i. (Mishnah): If a buyer gave coins to the seller,
but the buyer did not yet drag the merchandise,
the seller can retract the deal.
(m) Question: This is obvious!
(n) Answer: We need to teach when the grain withered after
having grown on the stalk and he despaired.
1. One might have thought, since it grew on the stalk,
it will surely grow, and his despair does not take
effect - we hear, this is not so.
(a) (Beraisa - R. Eliezer ben Yakov): Reuven lent money to a
Kohen or Levi in Beis Din. The Kohen or Levi died -
Reuven may continue to keep Terumah or Ma'aser and deduct
their value from the loan.
1. We consider the deal to continue with the heirs, who
are also Kohanim or Levi'im.
(b) If he lent Shimon (who was poor), and Shimon died -
Reuven may continue to keep the tithe of the poor and
deduct its value from the loan.
1. We consider that other poor Yisraelim agree to
continue the deal;
2. R. Achai says, we consider that other poor people of
the world agree to continue the deal.
3. Question: What is the difference between the 2
4. Answer: May we rely on poor Kusim of the city. (R.
Eliezer ben Yakov says that we may not, since their
conversion was invalid; R. Achai says that we may,
since their conversion was valid).
(c) If Shimon became rich, Reuven may no longer keep the
tithes; Shimon need not pay back the remainder of the
(d) Question: Chachamim enacted that Reuven can continue
keeping tithes if Shimon died - why didn't they enact
similarly, in case he becomes rich?
(e) Answer: Death is common; a poor person rarely becomes
1. (Rav Papa): This is as people say - if you hear of a
death, believe it; if you hear that a person became
rich, do not believe it.
(f) (Mishnah): If he hears that Shimon died, he must ask
Shimon's heirs for permission to continue the deal.
(g) (Beraisa - Rebbi): The Mishnah speaks of heirs that
1. Question: Are there heirs that do not inherit?!
(h) (R. Yonason): Reuven can only withhold tithes worth the
value of the land that Shimon left over.
2. Answer (R. Yochanan): He means, heirs that inherited
land, not (only) money.
1. (R. Yochanan): Even if Shimon left over land the
size of a needle, Reuven may withhold the full
balance of the loan.
(i) (Beraisa): Reuven (a Yisrael) told Shimon (a Levi) - I
have Ma'aser of yours - we are not concerned for the
Terumas Ma'aser contained inside;
i. This is as we learned from a ruling of Abaye,
that a debt may be collected repeatedly from
the same piece of land. (Thus, any debt is
collectable from even a tiny piece of land.)
1. If he said, I have 1 Kor of Ma'aser of yours - we
are concerned for the Terumas Ma'aser inside.
(j) Question: What does this mean?
(k) Answer #1 (Abaye): If Reuven tells Shimon, I have Ma'aser
of yours, let me buy it (and Reuven gives him money) - we
are not concerned that Shimon declared the Ma'aser to be
Terumas Ma'aser to exempt other Ma'aser of Shimon.
1. If he said, I have 1 Kor of Ma'aser of yours, let me
buy it - we are concerned that Shimon declared the
Ma'aser to be Terumas Ma'aser.
(l) Objection: Does the Beraisa speak of wicked people, that
Shimon would take the money, (after having) declared the
Ma'aser to be Terumas Ma'aser?!
(m) Answer #2 (Rav Mesharshiya brei d'Rav Idi): If Reuven
tells Shimon, I have Ma'aser of your father, let me buy
it - we are not concerned that Shimon's father declared
the Ma'aser to be Terumas Ma'aser to exempt other
1. If he said, I have 1 Kor of Ma'aser of your father,
let me buy it - we are concerned that Shimon's
father declared the Ma'aser to be Terumas Ma'aser.
(n) Objection: Do we suspect Chaverim (trustworthy people) to
separate Terumah far from the produce being exempted?!
(o) Answer #3 (Rav Ashi): If Reuven tells Shimon, My father
told me that he has Ma'aser of yours or of your father -
we are concerned that Terumas Ma'aser has not been
separated from it;
1. If he said, My father told me that he has 1 Kor of
Ma'aser of yours or of your father - we assume that
Terumas Ma'aser has been separated.
(p) Question: Is a Yisrael really allowed to separate Terumas
Ma'aser (the Ma'aser is not his)?!
i. Since the quantity was known, Reuven's
father certainly tithed it so it should be
(q) Answer: Yes! The Beraisa is as Aba Elazar ben Gamla.
1. (Beraisa - Aba Elazar ben Gamla): "Your Terumos will
be considered to you" - the verse speaks of 2
Terumos, Terumah Gedolah and Terumas Ma'aser.
2. Just as Terumah Gedolah is separated by
estimation and by thought alone, also Terumas
3. Just as a landowner may separate Terumah
Gedolah on his own produce, he may also
separate Terumas Ma'aser.