Gittin 64a
גיטין ס״ד ע״א
Learn Gittin 64a step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Gittin 64a in Gemara Clarity
Topic
When is the שליש holding a גט believed, and what proof is needed that a woman was divorced?
Overview
The amud opens with the last line of the משנה, which says three witnesses can make up both required pairs. The גמרא then brings a dispute about a גט held by a שליש: the husband says it was a פקדון, and the שליש says it was for divorce. רב הונא believes the husband, because he would have handed the גט to his wife directly. רב חסדא believes the שליש, because the husband trusted him. רבי אבא challenges רב הונא from a ברייתא that believes a שליש. The גמרא answers that money is different, since it can be forgiven, and defends that answer against two more ברייתות. The גמרא then works through the משנה's need for witnesses, explaining it through רבי אלעזר and a time of persecution. רבה shows when even רב הונא believes the wife, based on a מיגו. Finally, רבי יוחנן rules that a גט said to be lost needs two witnesses. The גמרא tests that ruling against the שליש, the husband, and the חזקה that an agent does his job, and the discussion of that חזקה continues on the next amud.
Opening lines
אוֹ אֶחָד מִן הָרִאשׁוֹנִים,
or one from the first ones,
וְאֶחָד מִן הָאַחֲרוֹנִים,
and one from the latter ones,
וְאֶחָד מִצְטָרֵף עִמָּהֶן.
and one joins together with them.
גְּמָ׳
Gemara:
The steps (25)
- StatementEnd of the משנה: one witness can count for both sets
- StatementThe dispute: husband says deposit, third party says divorce
- StatementWhy רב הונא believes the husband
- StatementWhy רב חסדא believes the third party
- Challengeרבי אבא challenges רב הונא from a teaching about a third party
- ResolutionMoney is different because it can be forgiven
- ChallengeAnother ברייתא says the same rule applies to גיטין
- Resolution'גיטין' here means money documents
- ChallengeMoney documents are called שטרות elsewhere
- ResolutionThe two ברייתות are separate
- ChallengeWhy does the משנה need witnesses? Just believe the שליש
- ResolutionThe torn גט is no longer in the agent's hands
- ChallengeWhy do we need witnesses that the agent received the גט?
- ResolutionThe משנה follows רבי אלעזר: witnesses of the handing over make the divorce
- QuestionWhy does the משנה mention tearing the גט?
- ResponseThe משנה was taught in a time of persecution
- Statementרב הונא agrees the wife is believed when she quotes the שליש
- ChallengeHow can the wife be believed when the שליש himself is not?
- Resolutionרבה restates the case: the wife saw it herself
- StatementThe lost גט: two witnesses are needed
- ChallengeWhy not believe the שליש?
- ResolutionThe גט is no longer in his hand
- ChallengeWhy not believe the husband?
- ResolutionThe husband never said 'I divorced her'
- ChallengeLet us presume the agent did his job