A free account is required to play audio and download files.
No community start suggestion yet.
When two gittin get mixed up, does Rabbi Elazar require eidei mesira specifically, or do eidei chasima suffice? The shiur analyzes Tosfos's challenge to the Rif and Rambam (רמב"ם), who hold eidei chasima can serve as eidei mesira. A fundamental distinction emerges: according to Rabbi Meir, eidei chasima alone validate the get; according to Rabbi Elazar, the eidei chasima function as eidei mesira—requiring actual knowledge of the proper delivery.
This shiur on Gittin 4a focuses on the fundamental machlokes between the Rishonim regarding the role of eidei chasima (witnesses who sign the get) versus eidei mesira (witnesses to the delivery of the get). The Gemara (גמרא) discusses a case where two gittin became mixed up and must both be given to both women. The Gemara says this works according to Rabbi Meir but not according to Rabbi Elazar. Tosfos raises a fundamental question: if Rabbi Elazar holds "af eidei mesira karsi" (also eidei mesira are essential), why can't we simply remove the problematic eidei mesira and rely on the eidei chasima instead? Tosfos concludes that according to Rabbi Elazar, eidei chasima are completely inadequate, and only eidei mesira work—leading Tosfos to understand "eidei mesira karsi" as meaning "davka eidei mesira" (specifically and only eidei mesira).
Looking for the full summary?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Gittin 4a
Looking for the full transcript?
Full access is available to members of the TUF Alumni Association or the Yam Hagadol Foundation.
Already a member? Let the admin know!
Dedicate a Shiur in Gemara
L'ilui nishmas a loved one. In honor of a simcha or yahrzeit. As a zechus for a refuah sheleimah. Your dedication helps carry Rabbi Zweig's Torah to learners around the world.
When an animal damages crops, the Torah prescribes a unique payment formula based on multiplying the damaged area by sixty. Does this formula redefine the actual loss, or does it merely create a payment mechanism that still acknowledges the full damage sustained? The Gemara explores whether someone who ate in doubt should pay the higher-quality amount, examining how the principle of motzi me-chaveiro alav haraya applies when payments fall within the range of actual loss.
What makes testimony valid when different witnesses testify to different parts of the same event? The Gemara debates whether the principle of "davar v'lo chatzi davar" (complete testimony, not partial) disqualifies witnesses who testify separately to theft and slaughter. Rashi's approach reveals that the issue is not merely combining elements, but whether each witness's statement is independently meaningful.
Why is a ganav who sells a stolen animal on Shabbos exempt from the fourfold/fivefold payment? The shiur analyzes whether this exemption stems from kam lei b'derabbah or from the absence of a valid mechira. The Rashba's principle that matana resembles mechira when it is "nishtarish b'chet" is explored, along with the Rambam's position on hekdesh and the distinction between giving to bedek habayis versus mizbe'ach.
When a ganav shechts a stolen animal l'avodah zarah, why isn't he patur from payment since it's already isur hana'ah? The shiur explores the fundamental machloket Rashi-Tosafot on whether the isur derives from the act of shechita or from the din shechita itself. The Gemara's application of davar garem be'mamon ke'mamon domi extends the analysis to when borrowed animals become niskal.