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 49
GITIN 49 & 50 - 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) COLLECTION OF DAMAGES
(a) R. Yishmael holds that we estimate (high quality land)
according to the victim's land; R. Akiva says, according
to the damager's land.
2) DAMAGES TO HEKDESH
(b) Question: What is R. Yishmael's reason?
(c) Answer: It says "field" later (in the Parsha), and also
1. Just as the first time it refers to the victim's
field (being consumed), also the latter time (that
the payments will be as the highest quality land of
(d) R. Akiva holds, "From the best of his land he will pay" -
of the land of the one paying.
(e) R. Yishmael learns from a Gezeirah Shavah and from the
verse ("From the best of his field").
1. He learns from the above Gezeirah Shavah
2. The verse also teaches that if the damager has Idis
and Ziburis, and his Ziburis is not as good as the
Idis of the victim, he must pay with his Idis (even
if it is better than the Idis of the victim).
(a) (Beraisa - R. Akiva): The verse teaches that damages are
collected from Idis, all the more so to Hekdesh.
(b) Question: When does the Kal va'Chomer to Hekdesh apply?
1. Suggestion: A man's ox gored an ox of Hekdesh.
(c) Answer #1: Rather, a man said 'It is upon me to give a
Maneh to Hekdesh', the Gizbar (treasurer of Hekdesh)
collects from the man's Idis.
2. Rejection: The Torah said (to pay when an ox gores)
"The ox of his fellow man" - not an ox of Hekdesh!
(d) Objection: If so, the Gizbar is as a creditor, who
1. Suggestion: Perhaps R. Akiva holds that a creditor
collects Idis, as damages.
(e) Answer #2: Really, a man's ox gored an ox of Hekdesh; R.
Akiva holds as R. Shimon ben Menasiya.
2. Rejection: We could not learn from this to Hekdesh -
a creditor collects from Idis, for he is stronger,
he collects damages; but Hekdesh will not collect
from Idis, for it does not collect damages!
1. (Beraisa - R. Shimon ben Menasiya): A Hekdesh ox
gored the ox of a Yisrael - Hekdesh does not pay;
(f) Question: If so - why must we say that R. Akiva argues
with R. Yishmael when the Idis of the victim is as the
Ziburis of the damager?
2. If a Yisrael's ox, whether an established gorer or
not, gored a Hekdesh ox, it pays full damage.
1. Perhaps all agree, payments are as the Idis of the
victim; they only argue regarding damages to
(g) Objection #1: If so - why did R. Akiva say 'The verse
only comes' (which implies, he argues regarding how to
explain the verse of damages)!
2. R. Akiva holds as R. Shimon ben Menasya, R. Yishmael
holds as Chachamim.
(h) Objection #2: If so - what is the Kal va'Chomer to
Hekdesh? (Rashi - For R. Akiva is lenient on damages!
Tosfos - the argument regarding Hekdesh is whether one
must pay at all, not regarding the quality of land.)
(i) Objection #3 (Beraisa - R. Yishmael): "From the best of
his field and vineyard he will pay" - this means the best
field and vineyard of the victim;
3) ANOTHER EXPLANATION OF THE MISHNAH
(j) R. Akiva says, "From the best of his field and vineyard"
- of the damager.
(a) Answer #2 (To question 3:g, 48B - Ravina): Really, the
Mishnah is as R. Akiva, who says that we evaluate land
based on the damager's land; the Mishnah is also as R.
Shimon, who derives laws based on the reasons for
4) COLLECTION OF A KESUVAH
1. The reason the Torah said that damages are collected
from Idis is to fix the world.
2. (Beraisa - R. Shimon): Damages are collected from
Idis on account of robbers and extortionists.
i. Such people will be discouraged from stealing
when they realize that Beis Din may later take
their best property as payment.
3. (Continuation of Beraisa): Creditors collect from
(only) Beinonis in order that a person who covets
his friend's choice property will not lend him,
intending to collect the property.
ii. Chachamim based the law on the verse "From the
best of his field and the best of his vineyard
he will pay".
i. Question: If so, Chachamim should have enacted
that they collect from Ziburis!
4. R. Yehudah says, a Kesuvah is collected from
Ziburis; R. Meir says, from Beinonis.
ii. Answer: No, for then borrowers would not find
people to lend them.
i. R. Shimon says, the Kesuvah is collected from
Ziburis, for the woman wants to get married
more than the man;
ii. Also, a woman is divorced willingly or
unwillingly; a man only divorces willingly.
iii. Question: What does this mean?
iv. Answer: [Rashi: One might have thought, just as
a Kesuvah was enacted for a divorced woman,
also Chachamim should have enacted a Kesuvah
for him when she divorces him - to this we
answer, a man only divorces when he wants to,
he can delay giving a Get.]
v. [Tosfos: One might have thought, just as a
Kesuvah was enacted when he divorces her,
Chachamim should also have enacted a Kesuvah
when she forces him to divorce her - to this we
answer, a man is never forced to divorce, he
can delay giving a Get.]
(a) (Mishnah): A Kesuvah is collected from Ziburis.
(b) (Mar Zutra brei d'Rav Nachman): This only applies when
she collects from orphans - but when (a divorcee)
collects from her ex-husband, she collects from Beinonis.
(c) Question: Anyone that collects from orphans collects
Ziburis - why did the Mishnah specify a Kesuvah?
1. (Mishnah): One that collects land from orphans
(d) Answer: Really, it says that she collects from orphans
2. Rather, it must be that the Mishnah says that a
Kesuvah is collected from Ziburis even when she
collects from her ex-husband.
1. One might have thought, we let her collect better
land to encourage marriage - we hear, this is not
(e) (Rava - Mishnah): R. Meir says, she collects from
1. Question: From whom does she collect Beinonis?
(f) (Abaye - Beraisa): Damages are collected from Idis, a
creditor collects from Beinonis, a Kesuvah is collected
i. Suggestion: If from orphans - does R. Meir not
agree that one that collects land from orphans
2. Answer: Rather, from her ex-husband - this shows,
Chachamim that argue on R. Meir say that she gets
Ziburis from him.
3. Rejection: Really, she collects Beinonis from
orphans, to encourage marriage.
1. Question: From whom are these collected?
i. Suggestion: From the orphans.
2. Answer: Rather, they are collected from the debtor
himself (by the Kesuvah, the ex-husband).
ii. Rejection: If so, then all would be collected
3. Rejection (Rav Acha bar Yakov): No, they collect
from the father; the case is, the father became a
guarantor for his son's damages, debts and (his
son's wife's) Kesuvah.
i. Everyone collects as he is entitled to. The
damaged party and creditor normally collect in
the lifetime of the son - the father pays them
as the son would have;
4. Question: But a guarantor for a Kesuvah is not
obligated to pay it!
ii. The Kesuvah was standing to be collected from
the orphans after the husband's death - the
father pays as orphans, from Ziburis.
5. Answer: The case is, the father accepted to be a
Kablan (a guarantor that may be asked to pay before
approaching the borrower).
i. This is an acceptable answer according to the
opinion that a Kablan becomes obligated even if
the borrower has no property.
6. Question: According to the opinion that a Kablan
only becomes obligated if the borrower has property,
how can we answer?
7. Answer #1: The son had property, it was later
8. Answer #2: For a son, the father becomes obligated
even if the son has no property.