1)
(a)The same Kenas that we just discussed will apply ...
1. ... if they changed either the man's or the woman's name. Which other two things belong on this list?
2. ... to a woman whose husband died and whose Tzarah was an Ervah to the Yavam, if after she went and remarried, her Tzarah was found to be an Ailonis. How many Arayos are there in which case this Halachah will apply?
3. ... to a woman who remarried after her husband died, relying on the Yibum performed by her Tzarah, who was subsequently found to be an Ailonis. Seeing as only the child of Chayavei Kares is a Mamzer, how come that these two latter cases (of Yevamah l'Shuk), which are only Chayavei Lavin, are included in our Mishnah?
(b)What is the last case in the of Kenasos listed by the Tana?
(c)Rebbi Elazar restricts this ruling to where the mistake is discovered immediately (which will be explained later in the Sugya). Why did Chazal not extend it to where the husband produced the Get later?
1)
(a)The same Kenas that we just discussed will apply ...
1. ... if they changed either the man's or the woman's name the name of his city of domicile or of hers.
2. ... to a woman whose husband died and whose Tzarah was an Ervah to the Yavam, if after she went and remarried, her Tzarah was found to be an Ailonis. There are fifteen Arayos (as listed at the beginning of Yevamos) in which case this Halachah will apply.
3. ... to a woman who remarried after her husband died, relying on the Yibum performed by her Tzarah, who was subsequently found to be an Ailonis. In spite of he fact that only the child of Chayavei Kares is a Mamzer, the Tana includes these two latter cases (of Yevamah l'Shuk, which are mere Chayavei Lavin) in our Mishnah because the author of our Mishnah is Rebbi Akiva, who considers even the child of Chayavei Lavin to be a Mamzer.
(b)The last case of Kenasos listed by the Tana is that of woman who inadvertently remarried, after the Sofer had mistakenly handed the Get to her and the receipt to her husband.
(c)Rebbi Elazar restricts this ruling to where the mistake is discovered immediately (which will be explained later in the Sugya). Chazal did not extend it to where the husband produced the Get later because, based on the fact that she now has a Chazakah of being married to her second husband, we suspect the couple of collusion, of deliberately switching documents in order to negate the second marriage and get together again.
2)
(a)When the Tana speaks about 'Malchus she'Einah Hogenes' he is referring to Rome. Why does he refer to Rome as a 'Malchus she'Einah Hogenes'?
(b)Why did Chazal require the respective Malchus to be inserted in the Get?
(c)In spite of the fact that the woman has only contravened a Takanas Chachamim (and min ha'Torah, the Get is perfectly Kosher), the woman has to leave both husbands and her children are Mamzerim. This is due to a statement by Rav Hamnuna in the name of Ula. What did Rav Hamnuna say in the name of Ula? According to which Tana did he say this?
(d)How do we know that this is the opinion of our Mishnah?
2)
(a)When the Tana speaks about 'Malchus she'Einah Hogenes' he is referring to Rome, which he calls by that title because neither its script nor its language were originally its own.
(b)Chazal required the respective Malchus to be inserted in the Get because of 'Shalom Malchus' (peace of the realm). See Tosfos DH 'Mipnei'.
(c)In spite of the fact that the woman has only contravened a Takanas Chachamim (and min ha'Torah, the Get is perfectly Kosher), the woman has to leave both husbands and her children are Mamzerim. This is due to a statement by Rav Hamnuna in the name of Ula who quoted Rebbi Meir as saying 'Kol ha'Meshaneh mi'Matbe'a she'Tav'u Chachamim b'Gitin (anyone who deviates, even slightly, from the text of a Get as stipulated by the Chachamim), ha'Vlad Mamzer'.
(d)We know that this is the opinion of our Mishnah because of the principle 'Stam Mishnah, Rebbi Meir Hi'), besides the fact that it will be stated shortly, that our Mishnah is the opinion of Rebbi Meir exclusively.
3)
(a)Having taught us the Kenas by ...
1. ... 'L'shum Malchus she'Einah Hogenes', why did the Tana have to then add the case of 'L'shum Malchus Madai, L'shum Malchus Yavan'?
2. ... 'L'shum Malchus Madai, L'shum Malchus Yavan', why did he need to add the case of 'L'shum Binyan ha'Bayis'?
3. ... 'L'shum Binyan ha'Bayis', why did find it necessary to add 'L'shum Churban ha'Bayis'?
3)
(a)Having taught us the Kenas by ...
1. ... 'L'shum Malchus she'Einah Hogenes', the Tana nevertheless had to then add the case of 'L'shum Malchus Madai, L'shum Malchus Yavan' because they are no longer in existence (and we might have thought that the Babylonians would not be fussy if one wrote them in the Get).
2. ... 'L'shum Malchus Madai, L'shum Malchus Yavan', he nevertheless needed to add the case of 'L'shum Binyan ha'Bayis' which is not now, nor was it ever, a Malchus. Perhaps there, one might have thought, they would not mind.
3. ... 'L'shum Binyan ha'Bayis', he nevertheless found it necessary to add 'L'shum Churban ha'Bayis' because it brings back sad memories to Klal Yisrael, and one might have thought that they would certainly not mind.
4)
(a)Our Mishnah includes the case of 'Hayah b'Mizrach v'Kasav b'Ma'arav'. Why can this not be referring to a Sofer who changed the place of domicile of the husband?
(b)Then what does it refer to?
(c)What instructions would Rav and Rav Huna issue to their respective Sofrim to do, whenever they wrote a Get ...
1. ... in Shili (even though they knew that it would be handed over in Hini)?
2. ... in Hini (even though they knew that it would be handed over in Shili)?
4)
(a)Our Mishnah includes the case of 'Hayah b'Mizrach v'Kasav b'Ma'arav'. This cannot be referring to a Sofer who changed the place of domicile of the husband because the Tana already mentions that ('Shinah Sh'mo u'Shemah').
(b)In fact, it refers to the Sofer himself (see Tosfos DH 'Ki').
(c)Rav and Rav Huna would instruct their respective Sofrim that whenever they wrote a Get ...
1. ... in Shili (even though they knew that it would be handed over in Hini) they were to state that it was written in Shili.
2. ... in Hini (even though they knew that it would be handed over in Shili) they were to state that it was written in Hini.
80b----------------------------------------80b
5)
(a)All of the stringencies in our Mishnah are based on the opinion of Rebbi Meir, as we explained earlier. What does Rav Yehudah Amar Shmuel quote the Chachamim as saying? What is a 'Santer'?
(b)What did Rabah rule in the case where they wrote the date according to the year the Istand'ra (the mayor) of Bashchar came to power?
(c)Why will even Rebbi Meir, who disqualifies the Get in the case of Santer, agree here?
5)
(a)All of the stringencies in our Mishnah are based on the opinion of Rebbi Meir, as we explained earlier. Rav Yehudah Amar Shmuel quoting the Chachamim, says 'Afilu Lo Kasav Ela l'Shem Santer (an expert who has been appointed to oversee all land distribution in that town) she'ba'Ir, Harei Zu Megureshes'.
(b)In the case where they wrote the date according to the year that the Istand'ra (the mayor) of Bashchar came to power Rabah ruled that the Get was Kosher, even according to Rebbi Meir.
(c)Even Rebbi Meir, who disqualifies the Get in the case of Santer, will agree here because whereas to write the year of the Santer, who is a minor official, is an insult in the eyes of the king, to write the year of the mayor of Bashchar, in fact enhances the king's esteem, because he is an important dignitary.
6)
(a)Rebbi Aba Amar Rav Huna Amar Rav too, maintains that the Chachamim disagree with Rebbi Meir in all the cases of Shalom Malchus. How about all the other cases in the Mishnah.
(b)How does Rav Ashi prove this from our Mishnah 'Shinah Sh'mo u'Shemah ... , Teitzei mi'Zeh u'mi'Zeh ... '?
6)
(a)Rebbi Aba Amar Rav Huna Amar Rav too, maintains that the Chachamim disagree with Rebbi Meir in all the cases of Shalom Malchus but not in all the other cases in the Mishnah.
(b)Rav Ashi proves this from our Mishnah 'Shinah Sh'mo u'Shemah ... , Teitzei mi'Zeh u'mi'Zeh ... ' because had the author of this section been Rebbi Meir, he would have combined this case together with the cases of Shalom Malchus. So we conclude that the author must be the Rabanan, who argue with Rebbi Meir by those cases, but concede that here the Get is Pasul.
7)
(a)What do we initially infer from our Mishnah 'Kol Arayos she'Amru Tzaroseihen Mutaros, Halchu ha'Tzaros ha'Eilu v'Nis'u' v'Nimtze'u Eilu Ailonis, Teitz'u mi'Zeh u'mi'Zeh'?
(b)What did Rav Hamnuna rule with regard to a Shomeres Yavam who had relations with a stranger?
(c)How does Rav Hamnuna then explain the inference from our Mishnah?
7)
(a)We initially infer from our Mishnah 'Kol Arayos she'Amru Tzaroseihen Mutaros, Halchu ha'Tzaros ha'Eilu v'Nis'u' v'Nimtze'u Eilu Ailonis, Teitz'u mi'Zeh u'mi'Zeh' that if the Tzarah had only committed adultery when the Ervah was found to be an Ailonis, she is permitted to the Yavam.
(b)Rav Hamnuna ruled that a Shomeres Yavam who had relations with a stranger is forbidden to her Yevamah.
(c)Rav Hamnuna does not agree with the inference from our Mishnah. According to him when the Tana says 'Nis'u', it incorporates 'Ziynu', which it does not write explicitly because 'Nis'u' is a more refined expression.
8)
(a)The second Lashon works in the reverse, and concludes 'Nis'u Dafka' (like the Sugya began, not like Rav Hamnuna). What are we worried about in the case where she married?
(b)With which case would we be likely to confuse this one, were it to be permitted (see Tosfos DH 'Nis'u)?
(c)Why are we then not worried there where she committed adultery without actually marrying?
8)
(a)The second Lashon works in the reverse, and concludes 'Nis'u Dafka' (like the Sugya began, not like Rav Hamnuna). In the case where she married, we are worried that people will think that she only married after the Yavam performed Chalitzah with her, and now after the second man gave her a Get, the Yavam is taking back his Chalutzah.
(b)Were this case to be permitted, we would be likely to confuse it with the case of a woman who heard that her husband had died, and who returned after she married. She is forbidden to him in case people will say that the second man married her after her first husband had divorced her, and that the first husband is therefore taking back his divorcee after she has remarried (see Tosfos DH 'Nis'u').
(c)When she committed adultery without actually marrying however, we are not worried because it has less of a 'Kol', and people will ascribe it to the Znus that it is and not to the fact that the brother performed Chalitzah with her (see Maharshal and Maharsha).
9)
(a)Our Mishnah presents two cases concerning a Yevamah who married and whose Tzarah turned out to be an Ailonis. Having taught us the Din by ...
1. ... Tzaras Ervah, why did the Tana find it necessary to repeat the Din in the case of a Tzarah who performed Yibum?
2. ... a Tzarah who performed Yibum, why did he need to repeat the Din in the case of a Tzaras Ervah?
9)
(a)Our Mishnah presents two cases concerning a Yevamah who married and whose Tzarah turned out to be an Ailonis. Having taught us the Din by ...
1. ... Tzaras Ervah, the Tana nevertheless found it necessary to repeat the Din in the case of a Tzarah who performed Yibum because we might otherwise have thought that, since in this case, the Mitzvah of Yibum was performed, we would not be so strict with the Tzarah who went and remarried.
2. ... a Tzarah who performed Yibum, he needs to repeat the Din in the case of a Tzaras Ervah because we would otherwise have thought that in this case, seeing as she does not even fall to Yibum in the first place, we would not be quite so strict with her.
10)
(a)In the case where the Sofer inadvertently handed the Get to the woman and the receipt to the man, Rebbi Elazar differentiated between whether the woman discovered the mistake l'Alter' (immediately - where we fine her, in the way described in our Mishnah) or later (where we do not). According to Rav Yehudah Amar Shmuel, 'le'Alter' means as long as they are discussing the divorce; 'later' means once they have stopped discussing it. How does Rav Ada bar Ahavah explain it?
(b)The Tana concludes 'Lo Kol Heimenu min ha'Rishon l'Abed Zechuso shel Sheni'. According to Shmuel, considering that they have not yet married, on what grounds does the Tana refer to him as 'Sheni'?
10)
(a)In the case where the Sofer inadvertently handed the Get to the woman and the receipt to the man, Rebbi Elazar differentiated between whether the woman discovered the mistake l'Alter' (immediately where we fine her, in the way described in our Mishnah) and later (where we do not). According to Rav Yehudah Amar Shmuel 'le'Alter' means as long as they are discussing the divorce; 'later' means once they have stopped discussing it. Rav Ada bar Ahavah learns that as long as she has not remarried it is still called 'le'Alter'.
(b)The Tana concludes 'Lo Kol Heimenu min ha'Rishon l'Abed Zechuso shel Sheni'. According to Shmuel, despite the fact that they have not yet married, the Tana nevertheless refers to him as 'Sheni' because once she has witnesses who testify that she is divorced, she is permitted to marry the second man and the term 'Sheni' is appropriate.