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 33
GITIN 33 - sponsored by Harav Ari Bergmann of Lawrence, N.Y. out of love for
Torah and those who study it.
1) HOW MANY MEN MAKE A BEIS DIN?
(a) Rejection (Rav Sheshes): The Tana is not a peddler who
announces everything that he has (he did not bother to
allude to the third judge).
2) CANCELLING A MESSENGER
(b) Support (Rav Nachman - Mishnah): The judges sign below,
or the witnesses.
1. Suggestion: The Mishnah equates the judges to the
witnesses - just as 2 witnesses suffice, also 2
(c) Rejection (Rav Sheshes): The Mishnah does not equate
them; each has its own law.
(d) Question: Why must the Mishnah mention both witnesses and
(e) Answer: To teach that even if the text of the Prusbul
mentions judges, and they sign below as witnesses, or
vice-versa, it is valid.
(a) (Mishnah): For the betterment of the entire world...
(b) Question: What does "For the betterment of the entire
(c) Answer #1 (R. Yochanan): So Mamzerim should not result.
(d) Answer #2 (Reish Lakish): So women should not be Agunos
(unable to remarry, if the husband can easily nullify a
Get he sent).
1. R. Yochanan holds like Rav Nachman, that he
nullifies in front of 2 - therefore, word of the
nullification does not spread, and she will remarry,
unaware that her Get was void; her children will be
(e) (Beraisa - Rebbi): If the husband annulled the Get in
front of a Beis Din - it is void;
2. Reish Lakish holds like Rav Sheshes, that he
nullifies in front of 3 - therefore, word of the
nullification spreads, and she will not remarry; the
only problem is Igun.
(f) R. Shimon ben Gamliel says, he cannot annul it or make
new conditions - if he could, Beis Din's enactments have
(g) Question: Do we ever find, mid'Oraisa she is married, and
we permit her to remarry because we are concerned for the
power of Beis Din?!
(h) Answer: Yes! Anyone that engages a woman does so
according to the will of Chachamim; Chachamim said, if
the husband annuls a Get in front of Beis Din, the
engagement should be void!
(i) Question (Ravina): This is reasonable regarding
engagement through money; if he engaged her through
relations - how will Chachamim say that she is not
(j) Answer (Rav Ashi): The relations are deemed to be mere
(k) (Beraisa - Rebbi): Reuven told 10 people to write a Get
to his wife - he can cancel the appointment of any of
(l) R. Shimon ben Gamliel says, he can only cancel their
appointment when they are all together.
(m) Question: On what do they argue?
(n) Answer #1: Whether a testimony (in our case -
appointment) that is partially cancelled is totally
3) HOW WE HOLD
1. Rebbi says, the remainder of the testimony stands;
if the other agents that were not cancelled write
and give a Get, it is valid;
(o) Answer #2: All agree, a testimony that is partially
cancelled, the remainder stands;
2. R. Shimon ben Gamliel says, the entire testimony is
void; if the other agents write and give a Get, they
and she will not know that it is invalid.
1. R. Shimon ben Gamliel holds, any matter done in
front of 10 people can only be undone in front of
(a) Question: What is the law if he says 'All of you (write
and give a Get to my wife)'?
1. If R. Shimon ben Gamliel holds that a testimony that
is partially cancelled, the entire testimony is
cancelled - the other agents know that they cannot
give the Get themselves, there is no concern.
(b) Answer (Beraisa - Rebbi): If he told 2 people, 'Give a
Get to my wife,' he can cancel either individually; R.
Shimon ben Gamliel says, he can only cancel them
2. If he holds that a matter done in front of 10 people
can only be undone in front of 10 - he can only
cancel his appointment when all are together.
1. Since both must sign the Get, it is as if he said
'All (i.e. both) of you' - and we see, R. Shimon ben
Gamliel argues even in this case!
(c) Rejection (Rav Ashi): If the Beraisa spoke of writing the
Get, this reasoning would be correct; but the Beraisa
speaks of giving the Get, which even 1 person can do.
1. Support (end of the Beraisa): If he appointed each
agent individually, he can cancel either
(d) (R. Shmuel bar Yehudah): In these 2 disputes between
Rebbi and R. Shimon ben Gamliel - in 1, R. Aba ruled like
Rebbi, in the other, like R. Shimon ben Gamliel - I do
not know which was which.
2. We understand, if this speaks of agents to give a
3. Question: If it speaks of agents to write a Get -
their testimonies do not combine!
i. (Beraisa): Testimony of witnesses only combines
if they saw it together.
ii. Answer (rejection of support): R. Shimon ben
Gamliel could rule like R. Yehoshua ben Korchah
(who says that their testimony combines even if
they did not see the matter together).
(e) (Rav Yosef): We can determine which one from the
1. There was a case in which Rebbi ruled like Chachamim
(who are not concerned for the power of Beis Din).
(f) R. Oshiya of Usha also rules like Rebbi in 1 case, like
R. Shimon ben Gamliel in the other.
2. R. Parta: If you rule this way - Beis Din has no
3. Rebbi reversed his decision.
4. Since even Rebbi agreed that we are concerned for
the power of Beis Din - regarding annulment of a Get
in front of Beis Din, surely R. Aba ruled like R.
Shimon ben Gamliel;
i. Regarding 10 who were appointed to write and
give a Get, he must have ruled like Rebbi.
1. (Rabah bar bar Chanah): There were 5 elders in front
of R. Oshiya. A man came, and R. Oshiya ruled that
he must divorce his wife; the man authorized the
elders to write and give a Get.
(g) (Rav Nachman): The law is like Rebbi in both cases.
2. R. Oshiya told the elders to hide, so the man would
not be able to cancel their mission.
i. If R. Oshiya held like Rebbi (regarding
canceling a Get in front of a Beis Din), even
if the elders hide, the man can cancel the Get!
ii. If R. Oshiya held like R. Shimon ben Gamliel
(regarding canceling the appointment of 10
agents, that they must be cancelled together) -
why did he tell the elders hide, it suffices
that they separate!
iii. It must be, in the former he holds like R.
Shimon ben Gamliel; in the latter, like Rebbi.
(h) Question: Is Rav Nachman not concerned for the power of
1. Contradiction (Rav Nachman citing Shmuel): Orphans
that came to divide their father's property - Beis
Din assigns an overseer to pick a good portion for
them; when the orphans mature, they can protest;
(i) Answer: Regarding money, Rav Nachman says that Beis Din
gave strength to their enactments, but not regarding
2. (Rav Nachman himself): The orphans cannot protest -
if they could, Beis Din's enactment would be weak!