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 45
GITIN 44 & 45 - Sponsored by Rabbi Dr. Eli Turkel and his wife,
Jeri Turkel. May Hashem bless them with many years of Simcha,
health and fulfillment, and may they see all of their children
and grandchildren follow them in the ways of Torah and Yir'as
1) SELLING A SLAVE TO CHUTZ LA'ARETZ
(a) (Rav Anan): I heard the above teaching from Shmuel, and
also the following:
2) A SLAVE THAT FLEES TO ERETZ YISRAEL
1. Reuven sold his field during the Yovel year. Rav
says, it is sold and reverts to Reuven; Shmuel says,
it is not sold at all.
(b) Question (Abaye): Why is the buyer fined? (Shmuel says,
he does not get his money back, and the slave goes free)
- the seller should be fined!
2. Rav Anan: In only one case, Shmuel says that the
buyer gets back his money - I do not know in which.
3. Rav Yosef: The Beraisa taught, one who sells his
slave to Chutz La'aretz - he goes free and needs a
Get of freedom from the buyer.
i. Since the buyer owns him, Shmuel cannot say
that the money goes back!
4. Rav Anan was unable to settle his doubt because he
had not heard the Beraisa.
ii. It must be, regarding Yovel Shmuel says that it
is not a sale and the buyer gets back his
5. One cannot settle it from what Shmuel himself said,
that it is not sold - he could have meant, it is not
sold, and the money is as a gift, as by one who
engages his sister.
i. A man engaged his sister: Rav says, she must
return the money; Shmuel says, he gave it as a
gift, she keeps it.
(c) Answer (Rav Yosef): If not for the hole (a place to put
the stolen goods), the mouse could not steal!
(d) Question: (Abaye): If not for the mouse, the hole would
not do anything!
(e) Answer (Rav Yosef): It is more reasonable to fine the
buyer, since the prohibition (the slave) is by him.
(a) A slave fled from Chutz La'aretz to Eretz Yisrael; his
master pursued and caught him.
3) REDEEMING CAPTIVES
1. R. Ami (to the master): You must free him - we will
make him write a document saying that he owes you
(b) (Beraisa - Rebbi): "Do not return a slave to his master"
- this speaks of a master that bought a slave in order to
2. If you do not agree, I will free him from R. Achi
b'Rebbi Yoshiyah's teaching!
i. (Beraisa): "(The 7 Kana'ani nations) will not
dwell in your land" - one might have thought,
this is even one who accepted not to serve
idolatry - "Do not return a slave to his
master, that flees to you from his master".
Rather, "He will dwell among you".
ii. Question (R. Yoshiyah): Why does it say "his
master" - it should say 'his gods'!
iii. (R. Yoshiyah): Rather, the verse speaks of one
who sells his slave to Chutz La'aretz.
iv. Question (R. Acha b'Rebbi Yoshiyah): Why does
it say, "That flees to you" - it should say,
'That flees from you'!
v. (R. Acha b'Rebbi Yoshiyah): Rather, the verse
speaks of a slave that flees from Chutz
La'aretz to Eretz Yisrael.
(c) Question: What is the case?
(d) Answer (Rav Nachman bar Yitzchak): He gave a document to
the slave saying 'When I buy you, you are retroactively
free from now'.
(e) A slave of Rav Chisda fled to Bei Kusoy (also in Bavel).
He asked them to send the slave back; they replied, - "Do
not return a slave to his master (that flees to you from
1. Rav Chisda: The verse speaks of a slave that flees
from Chutz La'aretz to Eretz Yisrael, as R. Acha
b'Rebbi Yoshiyah taught.
(f) Abaye lost a donkey in Bei Kusoy. He asked them to return
it; they asked him for a sign that it is his.
2. Question: Why didn't he explain the verse as Rebbi?
3. Answer: They were more likely to accept R. Acha's
explanation, since it was closer to their
1. Abaye: It stomach is white.
2. Bei Kusoy: If we didn't trust you, we would not
return it - all donkeys have white stomachs!
(a) (Mishnah): We do not redeem captives for more than their
value; this is a decree for the betterment of the world.
4) REDEEMING SACRED WRITINGS FROM NOCHRIM
(b) We do not help captives escape, for the betterment of the
world; R. Shimon ben Gamliel says, this is to help
(c) (Gemara) Question: How does this fix the world - so it
will not deplete the community's money, or so captors
will not be encouraged to capture even more?
(d) Answer: Rabah bar Livoy redeemed his daughter for 13,000
gold coins (apparently, the concern is not that captors
will capture more, rather, for the money of the
(e) Rejection (Abaye): Perhaps Chachamim disapproved of his
(f) (Mishnah): We do not help captives escape, for the
betterment of the world; R. Shimon ben Gamliel says, this
is to help captives (so captors will not be harsher on
(g) Question: What practical difference is there, which is
(h) Answer: If there are currently no other captives.
(Chachamim would still forbid helping the captive escape;
R. Shimon ben Gamliel would permit it.)
(i) Rav Nachman's daughters used to stir (boiling) pots with
their hands. This puzzled Rav Ilish - "I did not find 1
man in 1000 (so righteous to merit such miracles), and
not a single woman" - Rav Nachman's daughters are so
1. Rav Ilish and Rav Nachman's daughters were all taken
captive. Rav Ilish found a man that understood the
language of birds. A raven was chirping at Rav
Ilish; the man said that it was saying that Ilish
2. Rav Ilish: One cannot rely on ravens, they lie.
3. A dove chirped at Rav Ilish; the man said that it
was saying that Ilish should flee.
4. Rav Ilish: The congregation of Yisrael is compared
to a dove - it must be, a miracle will be done for
me. I will check on Rav Nachman's daughters - if
they are still so righteous, I will take them with
i. He went to the place where they relieve
themselves, for there women relate their
matters. He overheard them planning to ask the
captors to take them further away, so they
could live with them, and that their real
husbands will not come to redeem them.
5. Rav Ilish fled with the man that knew bird language.
Rav Ilish escaped, the man was caught and killed. He
concluded: witchcraft enabled Rav Nachman's
daughters to stir pots with their hands.
(a) (Mishnah): We do not buy Sefarim, Tefilin or Mezuzos from
Nochrim for more than their value, for the betterment of
(b) (Gemara - Rav Budya): We cannot buy them for more than
their value - this implies, we can buy them for their
5) PERMANENT DIVORCES
1. We learn that we may read from a Sefer Torah found
by a Nochri!
(c) Rejection: No - perhaps we may not read from it; the
Mishnah speaks of one who buys them to bury them (so they
will not be desecrated).
(d) (Rav Nachman): A Sefer Torah written by a zealous
idolater must be burned; if written by a (regular)
Nochri, it is buried;
1. A Sefer Torah found by (i.e. belongs to) a zealous
idolater is buried;
(e) (Beraisa #1): A Sefer Torah written by a Nochri - we burn
2. If found by a Nochri - some say, it is buried;
others say, we may read from it.
(f) (Beraisa #2): A Sefer Torah written by a Nochri - we bury
(g) (Beraisa #3): A Sefer Torah written by a Nochri - we may
read from it.
1. Beraisa #1 is as R. Eliezer, who says that all
actions of a Nochri are assumed to be for the sake
(h) Question: Is it possible that R. Shimon ben Gamliel
requires that the leather be tanned for the sake of
Sefarim, but the writing need not be done with
2. Beraisa #2 is as the following Tana.
i. (Rav Hamnuna - Beraisa): A Sefer Torah,
Tefilin, or Mezuzah written by an informer,
Nochri, slave, woman, minor, Kusi, or Yisrael
Mumar is invalid.
3. Beraisa #3 is as the following Tana.
ii. "You will bind...you will write" - only one who
wears Tefilin is qualified to write them.
i. (Beraisa): We may buy Sefarim from Nochrim
anywhere, as long as they are written properly.
ii. There was a Nochri in Tzidan that used to write
Sefarim - R. Shimon ben Gamliel permitted
buying from him.
1. (Beraisa): If Tefilin were covered with gold, or
leather of a Tamei animal, they are invalid; with
leather of a Tahor animal, they are valid, even if
the leather was not tanned for the sake of Tefilin;
(i) Answer (Rabah bar Shmuel): The Nochri from whom R. Shimon
ben Gamliel permitted buying, was really a convert that
reverted to being a Nochri.
2. R. Shimon ben Gamliel says, even leather of a Tahor
animal is invalid unless it was tanned with this
1. Question: All the more so, what he writes is invalid
- he is judged as a zealous idolater!
(j) (Beraisa): One may pay 1 Trape'ik more than their value.
2. Answer (Rav Ashi): He reverted because he feared for
(k) Question: How much is a Trape'ik?
(l) Answer (Rav Sheshes): One Istira.
(m) An Arab woman showed a sack of Tefilin to Abaye. He asked
if she would sell each pair for a date; enraged, she
threw them in the river.
1. Abaye: I should not have disgraced them so much in
front of her.
(a) (Mishnah): Reuven divorced his wife because of her ill
repute, or because of a vow - he may never remarry her;
(b) R. Yehudah says, if many knew about the vow, he may not
remarry her; if not, he may;
(c) R. Meir says, any vow which requires a Chacham to permit
it, he may not remarry her; if it can be permitted
without a Chachamim, he may remarry her;
1. R. Yosi b'Rebbi Yehudah says, we were only stringent
regarding a vow which requires a Chacham to permit
it on account of a vow that can be permitted without
(d) R. Yosi b'Rebbi Yehudah says, there was a case in Tzidon:
Reuven vowed to divorce his wife, and divorced her.
Chachamim permitted him to remarry her for the betterment
of the world.