We begin this part of the shiur by wrapping up the previous sugya regarding a lost get that was found, clarifying the exact halachic definitions of the Tannaim's dispute and identifying the specific vessels, a chafisa and a deluskema, where a found get is considered safe. From there, we move into a beautiful new Mishnah that introduces us to the fundamental concept of chazakah—the halachic presumption of status quo. We learn that if a shliach leaves a husband who is elderly or sick, he may deliver the get under the chazakah that the husband is still alive, and we apply this same chazakah to a Kohen's wife eating terumah while her husband is overseas, and to bringing a korban on behalf of someone far away.
The Gemara immediately dives into the limits of this chazakah. Rava suggests that this presumption only applies to an ordinary sick person or someone who hasn't reached extreme old age, but not to a goses (a dying person) or someone past eighty. Abaye challenges this from a baraita, leading to a deep discussion on how we view the natural course of life and aging. We then confront a fascinating contradiction between our Mishnah, which lets a wife eat terumah based on the chazakah that her husband is alive, and a baraita regarding a conditional get 'one hour before my death,' which immediately forbids the wife from eating terumah out of concern that he might die at any moment.
אוֹ שֶׁמְּצָאוֹ בֵּין כֵּלָיו; אֲפִילּוּ לִזְמַן מְרוּבֶּה – כָּשֵׁר.
Or in a case where he found it among his own utensils in his house, then even if a long time has passed, the bill of divorce is valid, as we do not fear that it is a different document.
אִיתְּמַר: רַב יְהוּדָה אָמַר שְׁמוּאֵל, הֲלָכָה: שֶׁלֹּא שָׁהָה אָדָם שָׁם.
It was stated that the Amora'im disagreed with regard to the halakha in this dispute: Rav Yehuda says that Shmuel says: The halakha is that the get is valid as long as no person stopped there.
רַבָּה בַּר בַּר חָנָה אָמַר רַב יִצְחָק בַּר שְׁמוּאֵל, הֲלָכָה: שֶׁלֹּא עָבַר אָדָם שָׁם.
And Rabba bar bar Chana says that Rav Yitzchak bar Shmuel says: The halakha is that the get is valid as long as no other person passed there.
לֵימָא מָר הֲלָכָה כְּמָר, וּמָר הֲלָכָה כְּמָר!
The Gemara asks: Let this Master, Rav Yehuda citing Shmuel, say simply that the halakha is in accordance with this Master, the opinion cited as 'Some say'; and let this Master, Rabba bar bar Chana citing Rav Yitzchak bar Shmuel, say that the halakha is in accordance with this Master, Rabbi Shimon ben Elazar! Why was it necessary to state the actual opinion?
מִשּׁוּם דְּאָפְכִי לְהוּ.
The Gemara answers: This was necessary because there are those who reverse them, i.e., who reverse the opinions of the Tanna'im, and therefore they needed to state the opinions explicitly so that there would be no mistake with regard to the halakha.
מְצָאוֹ בַּחֲפִיסָה אוֹ בִּדְלוֹסְקָמָא:
We learned in the Mishnah: If one found it in a chafisah or in a deluskema, it is valid.
מַאי ״חֲפִיסָה״? אָמַר רַבָּה בַּר בַּר חָנָה: חֵמֶת קְטַנָּה.
The Gemara asks: What is the meaning of the word chafisah? Rabba bar bar Chana says: It is a small leather flask.
מַאי ״דְּלוֹסְקָמָא״? טְלִיקָא דְסָבֵי.
The Gemara asks: What is the meaning of deluskema? The Gemara answers: It is a purse of the elderly.
מַתְנִי׳ הַמֵּבִיא גֵּט, וְהִנִּיחוֹ זָקֵן אוֹ חוֹלֶה – נוֹתֵן לָהּ בְּחֶזְקַת שֶׁהוּא קַיָּים.
MISHNAH: An agent who brings a bill of divorce to a woman, and left him, the husband, when he was elderly or sick, gives the get to her based on the presumption that he is still alive, and we do not worry that he died in the interim.
בַּת יִשְׂרָאֵל הַנְּשׂוּאָה לְכֹהֵן, וְהָלַךְ בַּעְלָהּ לִמְדִינַת הַיָּם – אוֹכֶלֶת בִּתְרוּמָה בְּחֶזְקַת שֶׁהוּא קַיָּים.
Similarly, the daughter of an Israelite who is married to a Kohen, and her husband went to a country overseas, may continue to eat terumah based on the presumption that he is still alive.
הַשּׁוֹלֵחַ חַטָּאתוֹ מִמְּדִינַת הַיָּם – מַקְרִיבִין אוֹתָהּ בְּחֶזְקַת שֶׁהוּא קַיָּים.
Similarly, one who sends his sin-offering from a country overseas, the Kohanim may offer it on the Altar based on the presumption that he is still alive.
גְּמָ׳ אָמַר רָבָא: לֹא שָׁנוּ אֶלָּא זָקֵן שֶׁלֹּא הִגִּיעַ לִגְבוּרוֹת; וְחוֹלֶה – שֶׁרוֹב חוֹלִים לְחַיִּים;
GEMARA: Rava says: They taught this halakha of presumptive status only concerning an elderly man who has not yet reached his years of strength, i.e., eighty years of age; and concerning a sick person, as the majority of sick people continue to live and recover;
אֲבָל זָקֵן שֶׁהִגִּיעַ לִגְבוּרוֹת, וְגוֹסֵס – שֶׁרוֹב גּוֹסְסִין לְמִיתָה; לָא.
but in the case of an elderly man who has reached his years of strength, or a moribund person (a goses), as the majority of moribund people proceed to death, we do not establish this presumption of life.
אֵיתִיבֵיהּ אַבָּיֵי: הַמֵּבִיא גֵּט וְהִנִּיחוֹ זָקֵן – אֲפִילּוּ בֶּן מֵאָה שָׁנָה, נוֹתֵן לָהּ בְּחֶזְקַת שֶׁהוּא קַיָּים!
Abaye raised an objection to him from a Baraisa: An agent who brings a bill of divorce and left him, the husband, when he was elderly, even if he was one hundred years old, gives the get to her based on the presumption that he is still alive! This contradicts Rava's distinction regarding eighty years.
תְּיוּבְתָּא.
The Gemara concludes: This is indeed a conclusive refutation of Rava's statement.
וְאִי בָּעֵית אֵימָא, כֵּיוָן דְּאִיפְּלִיג – אִיפְּלִיג.
And if you wish, say instead that this is not a refutation: Since he has already deviated from the norm by living so long, he has deviated, and we assume he will continue to live; but for an ordinary person who just reached eighty, we would indeed worry.
רָמֵי לֵיהּ אַבָּיֵי לְרַבָּה, תְּנַן: הַמֵּבִיא גֵּט, וְהִנִּיחוֹ זָקֵן אוֹ חוֹלֶה – נוֹתֵן לָהּ בְּחֶזְקַת שֶׁהוּא קַיָּים.
Abaye raised a contradiction before Rabba: We learned in our Mishnah: An agent who brings a bill of divorce, and left him when he was elderly or sick, gives it to her based on the presumption that he is still alive.
וּרְמִינְהוּ: ״הֲרֵי זֶה גִּיטִּיךְ״ – שָׁעָה אַחַת קוֹדֶם לְמִיתָתוֹ, אֲסוּרָה לֶאֱכוֹל בִּתְרוּמָה מִיָּד!
And he raised a contradiction from a Baraisa: If a husband says to his wife, 'This is your bill of divorce to take effect one hour prior to my death,' she is immediately forbidden to eat terumah, due to the concern that he might die in the next hour. This shows we do fear immediate death!
אֲמַר לֵיהּ: תְּרוּמָה אַגִּיטִּין קָא רָמֵית?! תְּרוּמָה אֶפְשָׁר, גֵּט לָא אֶפְשָׁר.
Rabba said to him: Are you raising a contradiction from the laws of terumah to the laws of gittin?! Regarding terumah, it is possible for her to refrain from eating it and eat non-sacred food instead; but regarding a get, it is not possible to be stringent, for if we worry about death, no husband could ever send a get through an agent.
וְרָמֵי תְּרוּמָה אַתְּרוּמָה; תְּנַן: בַּת יִשְׂרָאֵל הַנְּשׂוּאָה לְכֹהֵן, וְהָלַךְ בַּעְלָהּ לִמְדִינַת הַיָּם – אוֹכֶלֶת בִּתְרוּמָה בְּחֶזְקַת שֶׁהוּא קַיָּים.
And the Gemara raises a contradiction from one law of terumah to another law of terumah: We learned in our Mishnah: The daughter of an Israelite married to a Kohen, and her husband went to a country overseas, may eat terumah based on the presumption that he is still alive.
וּרְמִינְהוּ: ״הֲרֵי זֶה גִּיטִּיךְ״ – שָׁעָה אַחַת קוֹדֶם מִיתָתוֹ, אֲסוּרָה לֶאֱכוֹל בִּתְרוּמָה מִיָּד!
And the Gemara raised a contradiction from the Baraisa: If he says, 'This is your bill of divorce to take effect one hour prior to my death,' she is immediately forbidden to eat terumah!
אָמַר רַב אַדָּא בְּרֵיהּ דְּרַב יִצְחָק: שָׁאנֵי הָתָם, שֶׁהֲרֵי אֲסָרָהּ עָלָיו שָׁעָה אַחַת קוֹדֶם מִיתָתוֹ.
Rav Adda the son of Rav Yitzchak said: It is different there, because he has definitely forbidden her to himself and thus disqualified her from terumah one hour prior to his death, meaning she will certainly be forbidden at some point, which creates an immediate state of doubt.
מַתְקֵיף לַהּ רַב פָּפָּא: מִמַּאי דְּאִיהוּ מָיֵית בְּרֵישָׁא? דִּלְמָא אִיהִי מָיְיתָא בְּרֵישָׁא!
Rav Pappa objects to this: From where do we know that he will die first? Perhaps she will die first, in which case the get will never take effect and she was never forbidden!
אֶלָּא אָמַר אַבָּיֵי, לָא קַשְׁיָא: הָא רַבִּי מֵאִיר – דְּלָא חָיֵישׁ לְמִיתָה, הָא רַבִּי יְהוּדָה – דְּחָיֵישׁ לְמִיתָה.
Rather, Abaye said: This is not difficult: This Mishnah, which permits her to eat terumah, is in accordance with Rabbi Meir, who is not concerned about sudden death; and that Baraisa, which forbids her, is in accordance with Rabbi Yehuda, who is concerned about sudden death.
דִּתְנַן: הַלּוֹקֵחַ יַיִן מִבֵּין הַכּוּתִים, אוֹמֵר: שְׁנֵי לוּגִּין שֶׁאֲנִי עָתִיד לְהַפְרִישׁ – הֲרֵי הֵן תְּרוּמָה; עֲשָׂרָה – מַעֲשֵׂר רִאשׁוֹן; תִּשְׁעָה – מַעֲשֵׂר שֵׁנִי;
As we learned in a Mishnah: One who purchases wine from among the Samaritans on Friday afternoon and cannot separate tithes before Shabbos, says: Two log which I am destined to separate in the future shall be terumah; ten log shall be first tithe; and nine log shall be second tithe;
וּמֵיחֵל וְשׁוֹתֶה מִיָּד – דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה וְרַבִּי יוֹסֵי וְרַבִּי שִׁמְעוֹן אוֹסְרִין.
and he may deconsecrate the second tithe and drink immediately, relying on the future separation — these are the words of Rabbi Meir. But Rabbi Yehuda and Rabbi Yose and Rabbi Shimon forbid this, as they worry the skin might burst and he will never separate them.
רָבָא אָמַר:
Rava said a different resolution to the contradiction:
On Daf 28a, the Gemara first defines a chafisa as a small flask and a deluskema as an elderly person's purse, concluding the discussion on finding lost gittin. The main focus then shifts to the halachos of chazakah, establishing that we presume a person is still alive unless we have reason to believe otherwise, which allows a shliach to deliver a get from an elderly or sick husband, a Kohen's wife to eat terumah, and Kohanim to offer a sent korban. Although Rava attempts to exclude a goses and those past eighty from this chazakah, the Gemara refutes his view regarding the elderly from a baraita, though it suggests a distinction for those who have reached an exceptionally advanced age. Finally, the Gemara addresses the apparent contradiction between the lenient chazakah of our Mishnah and the stringency of a get given 'one hour before death'—which immediately restricts the wife from eating terumah—resolving that while we generally rely on chazakah to keep life running smoothly, a husband's explicit condition of 'one hour before death' creates an active, looming state of doubt that cannot be ignored.
My dear talmid, look at the beautiful foundation of our daily lives that Chazal reveal to us on this daf. The Mishnah teaches that when an agent is sent with a get, or when a woman's Kohen husband travels overseas, we act on the chazakah, the established presumption, that the husband is still alive. Even though people fall ill, grow old, and eventually pass from this world, the Torah does not want us living in a state of constant, paralyzing worry about what might have happened in the last hour. We are commanded to rely on the status quo of life until proven otherwise.
There is a profound yesod here for our own avodah. The yetzer hara loves to breed anxiety by whispering doubts about the future or making us fear the worst about things we cannot see. We worry about our parnassah, our children, our health, and our spiritual standing, constantly anticipating ruin. But the Torah's path is one of menuchas hanefesh, peace of mind. Hashem created the world to run on a system of stability. If things were well a moment ago, we must have emunah and bitachon that they remain well now.
This principle of chazakah is not just a legal mechanism for gittin or terumah; it is a blueprint for how Hashem wants us to navigate His world. We cannot live our lives constantly anticipating the worst-case scenario. We must do our part, set our course, and then trust in the Aibershter that the reality we left behind is still standing strong under His watchful eye.
Today, when an anxious thought or a 'what if' scenario enters your mind about something beyond your immediate control, consciously stop and rely on the chazakah. Tell yourself: 'Hashem is running the world, and until I hear otherwise, I will assume everything is exactly as it should be,' and let go of the worry.