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Previous daf Gitin 39
GITIN 39 (Adar 23) - Dedicated by Rabbi Yehoshua Wachtfogel l'Iluy Nishmas
his mother, Sarah bas ha'Rav Moshe Wachtfogel, on the day of her Yahrzeit.
Raised by her grandfather, the holy Rav Benzion Shapiro from Yerushalayim of
old, even during her years in the U.S. her house always glowed with the
holiness and warmth of the Yekirei Yerushalayim. Her presence is sorely
missed by her many friends, and certainly by her many children,
grandchildren and great-granchildren.
1) [line 1] EIN ADAM MOTZI DEVARAV L'VATALAH
Rebbi Meir is of the opinion that a person does not utter words for no
purpose; therefore, when a person's statement seems to be nonsensical, we
"read into" his words a more plausible explanation.
2) [line 7] EIN MO'ALIN BO (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...u'Nedarecha
Asher Tidor" - "You may not eat in your settlements...and your pledges [to
Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos Me'ilah
1:1-3). The minimum amount for which one transgresses this prohibition is a
Perutah's worth of benefit.
(b) If someone benefited from Hekdesh intentionally, he receives Malkos and
must pay to Hekdesh the amount that he benefited. However, the object from
which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh unintentionally, the object loses its
Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his
benefit plus an additional *fifth* (of the ensuing total, or a *quarter* of
the original value). This is true of any object that has Kedushas Damim
(i.e. it's value is consecrated to Hekdesh). An object that has Kedushas
ha'Guf (i.e. an object with intrinsic Kedushah, such as the utensils used in
the Beis ha'Mikdash or a live Korban that is used in the Beis ha'Mikdash "as
is") does not lose its Kedushah under any circumstances (Rosh Hashanah 28a).
3) [line 13] K'METALTELEI - [slaves are considered] like chattels
4) [line 16] K'GAZUZ DAMI - hair that is about to be cut ("Mechubar" -- that
is still attached to the head) is equated to hair that has already been cut
("Talush" -- not attached to the head any more), with regard to the Halachos
that apply to items that depend on their status as Mechubar or Talush.
5) [line 20] ESER GEFANIM TE'UNOS - ten vines loaded with grapes
6) [line 21] REBBI MEIR MECHAYEV (MODEH MIKTZAS HA'TA'ANAH, YISHAVA)
If a person admits that he owes part of a claim, the Torah suspects that the
person wants to temporarily postpone part of the payment but does not have
the audacity to completely deny the claim. He is therefore required to take
an oath, mid'Oraisa, on the part he denies (Shemos 22:8).
7) [line 23] LIBATZER - to be harvested
8) [line 27] D'CHAMAH D'KAIMIN - the longer they stay on the vine
9a) [line 27] MIKCHASH KECHISHEI - [the more] they deteriorate, wither
b) [line 28] ASHBUCHEI MASHBACH - [the more] it (the hair) grows
10) [line 28] KI SALIK REBBI CHIYA BAR YOSEF - when Rebbi Chiya bar Yosef
went up to Eretz Yisrael [from Bavel]
11) [line 39] GER SHE'MES (NICHSEI HA'GER SHE'MES)
(a) When a Jew dies, his closest relatives inherit his estate (according to
the hierarchy established by the Torah as recorded in Bamidbar 27:8-11).
Since all of the Jews are related to each other (at least through Yakov
Avinu and his sons), every Jew must have at least one heir. A convert,
however, may have no heirs (since his non-Jewish relatives do not inherit
his estate). When a convert dies without heirs, his estate becomes Hefker
(ownerless). The first person who takes possession of his belongings becomes
(b) In order to take possession of the estate of a convert who dies without
any heirs, one must make a Ma'aseh Kinyan (a formal Halachically-binding act
of possession), as in all cases of taking possession of items that are
Hefker. The forms of Ma'aseh Kinyan that may be used are: for Metaltelin
(mobile items) - 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit.
pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item
into one's domain; for Mekarka'in (immobile items) - Chazakah, i.e.
performing an act that is normally performed by an owner.
(c) Examples of Chazakah are Na'al (locking), Gadar (fencing in) and Paratz
(making a breach in a fence to create an entrance) or any act that is done
to *enhance* the land, such as digging to improve a field and the like
(MISHNAH Bava Basra 42a).
12) [line 39] BIZBEZU - divided among themselves
13) [line 43] DAMI HAI MID'RABANAN KED'LO GAMREI INSHEI SHEMA'ATA - this
Chacham [is speaking] like people who have never learned before
14) [line 48] "V'HISNACHALTEM OSAM LI'VNEICHEM ACHAREICHEM LA'RESHES
ACHUZAH, [L'OLAM BAHEM TA'AVODU; UV'ACHEICHEM BENEI YISRAEL, ISH B'ACHIV LO
SIRDEH VO B'FARECH.]" - "And you shall hold onto them as a heritage for your
children after you, to give to your heirs as a possession; [you shall work
with them forever; but your brothers, the people of Yisrael, you shall not
subjugate with hard labor.]" (Vayikra 25:46)
15a) [line 1] B'FEIRUSH SHEMI'A LACH... - Did you hear it [from him]
b) [line 1] O MI'KELALA SHEMI'A LACH? - or did you derive it from a
general rule [that Rebbi Yehoshua ben Levi stated]?
16) [line 5] GAMAR "LAH" "LAH" MI'ISHAH - he learns it through [a Gezeirah
Shavah (see Background to Gitin 41:13) comparing the word] "Lah" [that
appears in the verse dealing with Shifchah Charufah (the betrothed
maidservant (Vayikra 19:20) -- see next entry) with the word] "Lah" [that
appears in the verse dealing with divorce (Devarim 24:1)] of an ordinary
17) [line 5] LAH LAH ME'ISHAH (SHIFCHAH CHARUFAH)
(a) According to Rebbi Akiva (Kerisus 11a), a Shifchah Charufah is a woman
who is half Shifchah (maidservant) and half free (e.g. she was owned by two
partners and freed by one of them) who is Mekudeshes (betrothed) to a Jewish
slave. Since she is half Shifchah her Kidushin is not complete, and if a man
has relations with her they do not incur the death penalty. Rather, the man
brings a Korban "Asham Shifchah Charufah," whether he sinned b'Mezid or
b'Shogeg, and the Shifchah is punished with Malkos (Vayikra 19:20-22).
(b) Other Tana'im (ibid.) define Shifchah Charufah as a full-fledged
Shifchah who is married to either a Jewish slave (Rebbi Yishmael, see RASHI
to Yevamos 55b) or a gentile slave (Acherim).
18) [line 28] V'HAI PAKA LEI KASPEI - his monetary value has ceased [to
exist] (since he was declared ownerless)
19) [line 31] GOMER BAH - (lit. finish her) complete her release (including
the removal of the prohibition to marry into the Jewish people. As a result,
if she does marry without a Get Shichrur, this Tana rules that she and an
adulterer will not be liable to the death penalty.)
20) [line 32] "...V'HAFDEH LO NIFDASAH [O CHUFSHAH LO NITAN LAH...KI LO
CHUPASHAH.]" - "[And whoever has illicit relations with a woman, who is a
slave betrothed to a man,] and not wholly redeemed, [nor freedom given her;
inquiry shall be made; they shall not be put to death, because she was not
free.]" (Vayikra 19:20) - The word Pediyah (from "v'Hafdeh Lo Nifdasah")
refers to redemption through Kesef (paying money) or Shaveh Kesef (items of
value). "Chufshah" and "Chupashah" refer to redemption through a Get
Shichrur. Since the verse ends only with the word "Chupashah," this Tana
rules that only a Get Shichrur will complete her release and not Kesef.
21) [line 32] UR'AH KOL HA'PARSHAH KULAH L'"LO CHUPASHAH" - the entire
subject [of hers and an adulterer's liability to the death penalty] was
diminished [only to the case of a Get Shichrur and not to Kesef] due to [the
verse ending with the words,] "Lo Chupashah"
22) [line 35] ASHKECHEI - he found him
23) [line 37] MECHUZA - Mechuza, a large Jewish trading town on the Tigris
24) [line 38] SURA - a town in Southern Babylonia between the canals, seat
of the Yeshiva founded by Rav
25a) [line 39] EIMA LI EIZI... - Tell me, my close friend, (MAHARSHAL to
Bava Metzi'a 70a)
b) [line 39] GUFA D'UVDA HEICHI HAVAH? - what was the incident?
26) [line 39] D'HA'HI AMSA D'HAVAH MARAH SHECHIV MERA - there was [an
incident of] a certain maidservant whose master lay on his deathbed
27) [line 41] SHAKAL KUMSEI - her took hold of his hat
28) [line 41] SHADA BAH - he threw it to her
29) [line 43] MISHUM D'HAVAH LEI KELAV SHEL MAKNEH (KINYAN CHALIPIN)
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a
formal Halachically-binding act denoting the change in status). The forms of
Ma'aseh Kinyan that may be used are: for Metaltelin (mobile items) - 1.
Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an
item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4.
Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an animal or
the tie-lines of a boat; for Mekarka'in (immobile items) - Chazakah, i.e.
performing an act that is normally performed by an owner.
(b) Kinyan Chalipin can be performed in two ways:
1. A true barter, in which two equally-valued items are exchanged;
2. A symbolic exchange, in which an object of little value is used to
acquire an object of value. This Chalipin, which is usually performed using
a scarf or piece of cloth (Sudar), involves taking possession momentarily of
an object that belongs to the other party in order to make a Kinyan on
another object that is being transferred. (The other object is not simply
handed over to the buyer to make the Kinyan either because it is not
present, or because it is too large or it is unfeasible to hand it over,
e.g. land.) The Gemara records a Machlokes among the Amora'im as to whether
the Sudar is given by the buyer (in exchange for the object that is being
acquired) or by the seller (along with the object that is being acquired).
The Halachic ruling is that the buyer gives the Sudar, and in return he
acquires the object that is being transferred (Bava Metzi'a 47b). In our
Gemara, the master (the "seller") provided his hat for the release of his
maidservant ("the buyer"), and as such Rav Nachman ruled that the sale did
not take effect and neither did her release.