POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Gitin 58
GITIN 58 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love
for Torah and those who study it.
1) THE BLOODSHED IN BEITAR
(a) (Rabah bar bar Chanah): 40 Se'ah of Tefilin were found on
the heads of the victims in Beitar.
2) THE LAW OF SIKRIKON
(b) (R. Yanai b'Rebbi Yishmael): 3 crates were found, each
holding 40 Se'ah.
(c) (Beraisa): 40 crates were found, each holding 3 Se'ah.
1. All agree to the quantity found - 40 Se'ah of
hand-Tefilin were found, and 120 Se'ah of head
(d) (Rav Asi): 40 Se'ah of brain were found on 1 rock.
1. (Rav Kahana): This is hinted at by "Happy is the one
that will repay Bavel...and smash your babies on the
(e) Question: "Precious children of Tziyon, Mesula'im with
gold" - what does this mean?
1. Suggestion: They would cover the children with gold.
(f) Answer: Rather, their beauty made gold look bad
(Mesula'im - a language of Solu, to withdraw from).
2. Rejection: d'Vei R. Shilo taught, 2 Se'ah of gold
descended to the world - Rome received 1, the rest
of the world got the other.
1. Initially, the most important Romans used to have
relations in front of the images on their signet
rings (to bear children in that image); once they
took the children of Tziyon, they would tie them to
the bed and have relations in front of them.
(g) (Rav Yehudah, citing R. Shimon ben Gamliel): "My eyes
wail for my soul, from all the daughters of my city" -
there were 400 synagogues in Beitar; each had 400
teachers (of children), each teacher had 400 children.
When the enemy entered, they poked them with their
sticks; when the enemy conquered them, they wrapped the
children in Seforim and burned them.
2. One child asked another: Where is this hinted at in
3. The other: "Also every sickness and affliction that
is not written in this Sefer Torah".
(h) (Beraisa): R. Yehoshua ben Chananya was in Rome; he
heard of a beautiful child that was a captive. He stood
at the entrance of the prison and said "Who made it that
Yakov should be despoiled, that Yisrael should be to the
1. The child: "For we have sinned to Hash-m, and did
not desire to go in his ways, and did not listen to
(i) (Rav Yehudah): The son and daughter of R. Yehoshua ben
Elisha were captured by different men. The captors met;
each boasted of the beauty of his captive. They decided
to mate the captives to produce beautiful children, which
the captors would split. They put them in a room
2. R. Yehoshua: I am sure that this child will make
Torah rulings - I will not leave until I redeem him
for anything they ask.
i. He redeemed him there for a large sum of money;
soon, the child gave a Torah ruling.
ii. That child was the Tana R. Yehoshua ben Elisha.
1. The children sat in opposite corners - each thought
that the other was a regular slave. Each lamented
that (s)he, the child of a Kohen Gadol, would be
mated with a slave; they cried all night; when
morning came, they recognized each other, and died
(j) (Reish Lakish): There was a wondrously beautiful woman,
the daughter of a Kohen Gadol. Her captor had his way
with her that night; the next morning, he dressed her in
7 garments, and took her out to sell her.
i. On them Yirmeyahu lamented "On these I cry, my
eye, my eye drips water".
1. A particularly repulsive man asked to see her
beauty. The captor took off 6 garments; she tore the
seventh and wallowed in the dust.
(k) (Rav Yehudah): "They oppressed a man and his house, a man
and his inheritance" - this refers to a case of an
apprentice that desired his teacher's wife.
2. She beseeched Hash-m: If you will not have
compassion on us, why not have compassion on your
i. On her Yirmeyahu lamented: "The daughter of my
nation, gird yourself with sackcloth and wallow
in the dust...suddenly the plunderer will come
ii. It says "On us", not 'on you' - it is as if the
plunderere came upon Hash-m as well.
1. The teacher needed to borrow money; the apprentice
told him to send his wife, he would lend her. He
did; she stayed there 3 days, and her husband came
to look for her.
2. The apprentice: I gave her the money, and she left
right away! I heard that she had relations with
3. The apprentice counseled his teacher to divorce her;
he offered to lend him the money to pay her Kesuvah,
for it was large.
4. He divorced her; the apprentice married her. The
teacher was not able to pay his debt on time; the
apprentice asked him to pay the debt by working for
5. The teacher served his ex-wife and the apprentice,
as they ate and drank; his tears flowed into the
cup; as this time, the Churban was decreed.
6. Others say, it was decreed on account of 2 men that
shared a wife.
(a) (Mishnah): Reuven bought land from a Sikrikon (and then
from Shimon, the original owner - the sale is void).
(b) (Rav): This only applies if Shimon told him to acquire
the land through Chazakah, but if Shimon wrote a sale
document, the sale is valid.
(c) (Shmuel): Even if he writes a sale document, the sale is
void, unless Shimon writes (that he accepts) Acharayus
(to reimburse Reuven if the land is taken from him).
(d) A Beraisa supports Shmuel.
3) COMPENSATING THE ORIGINAL OWNER
1. (Beraisa - R. Shimon ben Elazar): Levi bought land
on which was a lien to pay the Kesuvah of Yehudah's
wife Leah. If he first bought it from Leah and then
from Yehudah, the sale is valid; if he first bought
it from Yehudah and then from Leah, the sale is
void, unless she writes Acharayus.
(e) (Beraisa): Reuven bought land from a Sikrikon and used it
for (3) years of Chazakah in front of Shimon (the
original owner), then sold it to Levi - Shimon has no
claim against Levi.
2. Suggestion: This refutes Rav
3. Rejection: No - Rav explains, 'Acharayus' means a
document (i.e. something which prevents her from
collecting the land).
1. Question: What is the case?
(f) (Beraisa): The law of Sikrikon (that Reuven can buy the
land from the Nochri and give Shimon a quarter of the
price) does not apply to a Nochri that took Shimon's land
as payment for a debt, or as mere extortion (when there
was no concern that he would kill Shimon);
i. Suggestion: Levi claims that Reuven bought the
land from Shimon.
2. Answer (Rav Sheshes): Really, Levi does not make
this claim; in cases as this, we claim on behalf of
one that inherits or buys property.
ii. Rejection: If so, the Beraisa should have
taught a simpler case: Reuven never sold it, he
claims that he bought it from Shimon - Shimon
has no claim against him!
iii. Suggestion: Levi does not claim that Reuven
bought the land from Shimon.
iv. Rejection: If so, (not only Reuven would lose
if he didn't claim to have bought it from
Shimon,) even Levi does not keep the land!
i. However, we do not claim on behalf of Reuven,
for he knows how he got the land; if he does
not claim himself, he loses.
1. By extortion, it must remain by the Nochri for 12
months (if not, the land belongs to Shimon).
(g) Question: But we said that the law of Sikrikon does not
apply to extortion!
(h) Answer: Rather, the Beraisa means that by a Sikrikon, the
land must stay by the Nochri for 12 months.
(i) (Rav Yosef): There is not extortion in Bavel.
(j) Objection: But we see that there is!
(k) Correction: Rather, the law of extortion does not apply
(l) Question: Why not?
(m) Answer: There is an official to whom complaints may be
filed; if Shimon did not complain, we see that he allows
the Nochri to keep the land.
(n) (A landowner in a valley went away.) Gidal bar Rilai
arranged with the neighbors that he would work the land
and give the appropriate share of the tax (as was the
custom). He paid 3 years of taxes in advance to the king;
the owner returned.
1. The owner: You gave the taxes for the first year and
consumed the produce - now I will pay the tax and
use my field.
2. Rav Papa was going to rule that Gidal collects what
he paid for the other 2 years from the neighbors
(even though they will have to pay the full tax -
since Gidal is not a landowner in the valley, what
he paid will not count).
3. Rav Huna brei d'Rav Yehoshua: If so, you give the
king the law of Sikrikon (by saying that Gidal gets
back what he paid, as the revised version of the
Mishnah when Shimon could have redeemed his own
land) - but there is no Sikrikon in Bavel (the king
only collects taxes)!
(a) (Mishnah): This is the first version of the Mishnah;
later, it was enacted that when Reuven buys from a
Sikrikon, he gives Shimon a quarter of the price.
(b) (Rav): He gives a quarter of the price he paid, in land
or in money.
(c) (Shmuel): He gives a quarter of the land; if he pays in
money, he gives a third of the price.
1. Question: On what do they argue?
(d) Question (Beraisa): This is the first version of the
Mishnah; later, it was enacted that when Reuven buys from
a Sikrikon, he gives Shimon a quarter of the price;
2. Answer: Rav holds that a Sikrikon sells for 4/5 of
the true value; Shmuel says, for 3/4 of the true
value. (Therefore, Reuven pays Shimon what he
1. Shimon may demand to be paid in land or in money.
(e) This applies when Shimon could not have redeemed the land
himself; if he could have, he may take back his land (and
pay Reuven what Reuven paid);
(f) Rebbi convened a Beis Din, who voted and enacted that if
the land was by the Sikrikon for 12 months, anyone may
buy it, just they must give a quarter to Shimon, in land
(g) Answer (for Shmuel - Rav Ashi): The Beraisa calls it a
quarter (in money), for 1 quarter of Reuven's expenditure
goes to Shimon (i.e. a third of what he paid the