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Gitin 45
GITIN 44 & 45 - Sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel.
May Hashem bless them with many years of Simcha, health and fulfillment, and
may they see all of their children and grandchildren follow them in the ways
of Torah and Yir'as Shamayim!
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1) [line 9] ARAK - ran away
2) [line 10] NICHTOV LACH SHETARA A'DAMEI - we (Beis Din) will write you a
document [that he is responsible to reimburse you] for his value
3) [line 12] "LO YESHVU B'ARTZECHA PEN YACHTI'U OSECHA LI..." - "They shall
not live in your land, lest they make you sin against Me; [for if you serve
their gods, it will surely be a snare to you.]" (Shemos 23:33)
4) [line 13, 14] "LO SASGIR EVED EL ADONAV; ASHER YINATZEL ELECHA ME'IM
ADONAV. IMCHA YESHEV, B'KIRBECHA, [BA'MAKOM ASHER YIVCHAR, B'ACHAD
SHE'ARECHA, BA'TOV LO, LO TONENU.]" - "You may not turn over a slave to his
master; who has found refuge with you from his master. He shall live with
you, among you, [in that place which he shall choose in one of your gates,
where it pleases him best; you shall not oppress him.]" (Devarim 23:16-17) -
There are various explanations given for this verse in the sources: (a) The
conclusion of our Gemara is that a slave who has escaped to Eretz Yisrael
may not be turned over to his master (see also RAMBAM Hilchos Avadim 8:10).
(b) Some also include a circumcised slave who has escaped from his
non-Jewish master (SIFRI, TARGUM, cf. RABEINU BACHYA). (c) Others include a
slave who escapes to the army camp (IBN EZRA, CHIZKUNI, ABARBANEL). (d)
Rebbi explains that this verse refers to a person who buys a slave in order
to free him (our Gemara; Yevamos 93b)
5a) [line 21] BEI CHUTA'EI - a settlement of Kusim in Chutz la'Aretz
b) [line 21] BEI CHUTA'EI (KUSIM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made
them settle in the Shomron. They converted to Judaism after they found
themselves under attack from lions. The Chachamim disagree as to whether
their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an
image of a dove and the Chachamim gave them the status of Nochrim.
(According to most Rishonim, this means that they decided to treat them like
Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM
(Peirush ha'Mishnayos), however, this means that they decided that their
conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all
Halachic matters.)
(c) Even though the Kusim kept many Mitzvos of the Torah down to their last
detail, there were other Mitzvos that they did not keep at all. For example,
the Kusim did not refrain from causing others to sin (which is prohibited by
the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling
block before the blind" -- Vayikra 19:14).
6) [line 22] HADRUHA NIHALI! - Send him back to me!
7) [line 26] IRKAS LEI CHAMRA - he lost his donkey
8) [line 27] D'CHIVRA KEREISEI - its belly is white
9) [line 28] NACHMANI - Abaye; (a) Rabah bar Nachmani, who raised Abaye as
an orphan, gave him the name Nachmani in memory of his own father (RASHI to
Gitin 34b); (b) According to the Ga'onim, Abaye's *real* name was Nachmani,
but Rabah bar Nachmani, who was his uncle, called him Abaye so as not to
utter his father's name, out of respect for his father (Abaye is a corrupted
form of the Aramaic word for "my father") (ARUCH, Erech Abaye, also cited by
Gilyon ha'Shas to Gitin 34b)
10) [line 30] MAVRICHIN - to cause [captives] to flee
11) [line 32] DUCHKA D'TZIBURA - the oppression, extortion of the public
(who will become impoverished if they redeem captives for more than their
value)
12) [line 32] D'LO LIGARVU V'LAISU TEFEI - so that they do not kidnap and
ransom off more people
13) [line 36] BENASEI D'RAV NACHMAN - the daughters of Rav Nachman
14) [line 36] BACHASHAN KIDRA B'YADAIHU - they stirred a boiling-hot pot
with their bare hands (without getting burned)
15) [line 38] ISHTABYAN - they were taken captive
16) [line 40] LISHNA D'TZIPOREI - the language of the birds, i.e. the
meaning of their "speech"
17) [line 40] ORVA - a raven
18) [line 41] AD'HACHI - in the meantime
19) [line 43] KENESES YISRAEL K'YONAH MESILA - the "Congregation of Yisrael"
is likened to a dove
20) [line 43] SHEMA MINA, MISRACHISH LI NISA - I can deduce from this that
[if I will escape, HaSh-m will protect me and] a miracle will occur for me
[to ensure that my escape will be successful]
21) [line 44] IY KAIMAN B'HEIMNUSAIHU, AHADRINHU - if they have remained
faithful [to their husbands,] I will take them back [with me]
22) [line 44] NASHEI, KOL MILEI D'IS LEHU, SADRAN L'HADADEI B'VEIS
HA'KISEI - women who wish to discuss matters [in private] will talk to each
other in the rest room
23) [line 45] ADEI GUVRIN, V'NEHARDA'EI GUVRIN - these [captors]are our
"husbands" and those men of Neharde'a are our husbands
24) [line 45] LEIMA LEHU LI'SHABOYAIHU - let us say to our captors
25a) [line 47] L'DIDEI ISRACHISH LEI NISA - for him, a miracle occurred
b) [line 47] AVAR B'MAVRA - he [escaped narrowly and] crossed the river in
the ferry
26) [line 48] KI HADRAN V'ASAN AMAR - when they returned from captivity
(against their will -- MAHARSHA), he said [about them]
27) [line 48] KA BACHASHAN KIDRA BI'CHESHAFIM - they must have been stirring
the boiling-hot pot [with their bare hands] through magic
45b---------------------------------------45b
28) [line 6] MIN - a Jewish infidel or idolater; alternate Girsa in RASHI -
a Jew who does not heed the words of the Rabanan (but see MAHARATZ CHIYOS
who claims that this is Rashi's comment on the Gemara below (line 15), where
it is necessary to distinguish between a Min and an idolater. Rashi's Girsa
of the Gemara there had the word "Min" in the list of Pesulim, as opposed to
our editions where the word "Min" is in parentheses and is not included)
29) [line 15] MASUR (the Girsa of the MAHARSHAL is *MOSER*)
A Jew who, of his own volition, reveals the location of another's possession
to someone who wants to take them away (see Insights to Kerisus 2b).
30) [line 16] KUSI
See above, entry #5b. This Beraisa rules that the Kusim are Geirei Arayos.
31) [line 16] YISRAEL MUMAR - a Jewish apostate, a person who does not keep
the laws of the Torah
32) [line 16] "...U'KESHARTEM [OSAM L'OS AL YEDCHEM, V'HAYU L'TOTAFOS BEIN
EINEICHEM...]U'CHESAVTAM [AL MEZUZOS BEISECHA UVI'SH'ARECHA.]" - "[Therefore
shall you place these, My words, on your heart and on your soul,] and bind
[them for a sign upon your hand, and so that they may be as frontlets
between your eyes...]And you shall write them [upon the doorposts of your
house, and upon your gates.]" (Devarim 11:18, 20)
33) [line 22] TZIDON - Sidon, a city on the Mediterranean coast, to the
north of modern-day Israel. It was the capital of Phonecia. It is within the
northwest boundary of the Holy Land (Bamidbar 34:7).
34) [line 23] IBUD LISHEMAN
Ibud is the tanning of soft edible skin of Kosher domesticated animals into
leather. When a person wants to start writing a Sefer Torah, Tefilin or
Mezuzos, the Tana'im argue as to whether he must perform the Ibud Lishmah,
that is, for the sake of HaSh-m.
35) [line 23] KESIVAH LISHEMAN
When a person writes a Sefer Torah, Tefilin or Mezuzos, every time he writes
the Name of HaSh-m, he must have in mind that he is writing it "l'Shem
Kedushas HaSh-m," for the sake of the sanctity of the Name of HaSh-m. If he
writes the Name of HaSh-m without this Kavanah, the Sefer Torah is not
valid. (For example, if he intends to write the word Yehudah and
accidentally leaves out the letter "Daleth" spelling the Name of HaSh-m, and
he realizes that the word was actually supposed to be the Name of HaSh-m, it
is invalid and he must re-write the word with the proper intention of
Lishmah.
36) [line 24] TZIPAN ZAHAV - he overlaid gold leaf on them (on the Batim,
the boxes of the Tefilin that are made from the skin of a Kosher animal)
37) [line 24] TALAH ALEIHEM OR BEHEMAH TEMEI'AH - he stretched over and
attached to the Batim the skin of a non-Kosher animal
38) [line 29] GER SHE'CHAZAR L'SURO - a convert who returned to his previous
non-Jewish lifestyle [but who knows that the Torah needed to be written
Lishmah, and he actually wrote it Lishmah]
39) [line 31] TARPE'IK - Victoriatus = Quinarius, half a Dinar (a "Sela
Medina," a Sela of Kesef Medinah, provincial coinage, the value of which is
one-eighth of Kesef Tzuri, the denominations of coins used in Tzor). The
Gemara identifies this coin also with the term Istira
40) [line 33] TAYATA - Arabian woman
41) [line 33] CHAYSA D'TEFILEI - a small pouch containing Tefilin
42) [line 34] YEHAVT LI REISH REISH B'TAMREI? - Would you give me those
pairs [of Tefilin] in exchange for some dates?
43) [line 34] IMALYA ZIHARA - she filled up with rage
44) [line 35] SHAKLA, SHADESINHU B'NAHARA - she took [them and] threw them
in the river
45) [line 35] AMAR, "LO IBA'I LI L'ZALZULINHU B'APAH KULEI HAI" - he said,
"I should not have belittled her as openly as that."
46) [line 37] HA'MOTZI ES ISHTO - one who divorces his wife
47a) [line 37] MISHUM SHEM RA - because of a rumor that she committed
adultery, i.e. he divorced her because he did not want to be married to a
woman about whom rumors are spread
b) [line 38] MISHUM NEDER - because of a vow that she made, i.e. he
divorced her because he did not want to be married to a woman who is in the
habit of making vows
48) [line 40] KOL NEDER SHE'TZARICH CHAKIRAS CHACHAM - any vow for which the
investigation of a Chacham is needed to annul the vow (HATARAS NEDARIM -
Revoking vows)
(a) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim)
or Nezirus, and he regrets having made the Neder, he may have it revoked by
a Beis Din of three (if they are not outstanding authorities) or a Yachid
Mumcheh (an outstanding authority). The general method used is that Beis Din
investigates whether the person would not have made the Neder in the first
place had he been aware of a particular fact. This investigation provides
the person with a "Pesach" (opening) with which the Beis Din can revoke the
Neder.
(b) There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The
RAN rules that he must be an outstanding Torah authority well versed in the
laws of Nedarim. Others rule that in addition to the previous, the scholar
must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).
49) [line 41] V'SHE'EINO TZARICH CHAKIRAS CHACHAM - any vow for which the
investigation of a Chacham is *not* needed to annul the vow, but rather the
father or husband may annul it (HAFARAS NEDARIM - Annulling vows)
(a) A man has the right to annul certain vows of his wife and his young
daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes
this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow]
is annulled"). There is an argument among the Tana'im whether the vow must
be annulled before nightfall on the day the husband/father heard it, or
before 24 hours pass from when he heard it (Nedarim 77a); the former is the
Halachic opinion.
(b) A father may annul his daughter's vows while she is young, starting from
the age at which her vows are valid (11 years old) until she becomes a
Bogeres (six months after she becomes a Na'arah by growing two pubic hairs).
If the father marries her off before she becomes a Bogeres, during the
period of Eirusin both the father *and* the husband, or "Arus," must annul
the vows in order for the annulment to be effective. After the consummation
of the marriage through Nisu'in, the husband may annul the vows by himself.
The father no longer has rights over her vows after her marriage, even if
she is divorced before becoming a Bogeres.
(c) Nobody may annul the vows of a woman if she is an unmarried Bogeres, or
if she is an unmarried Na'arah who was *once* married or who has no father.
Instead, her Nedarim must be revoked through *Hataras* Nedarim (see previous
entry).
(d) If the father or husband is "Mekayem" the vow even before the day is
over (i.e. he upholds or endorses the vow; this is also referred to as
"Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer
be Mefer the vow. His wife or daughter must abide by her vow. (There is a
disagreement among the Poskim as to whether the wife or daughter can remove
the Neder through *Hataras* Nedarim after Hakamah, see Insights to Nedarim
69:1:a:1.)
50) [line 44] KONAM (KINUYIM)
(a) A person can create a Neder (a vow) or Shevu'ah (and oath) with a Kinuy,
an expression using a corrupted form of a word, such as "Konam" instead of
"Korban" or "Shevusa" instead of "Shevuah" (Nedarim 2a).
(b) The Amora'im argue as to whether these expressions are actual words in
foreign languages that are loosely based on the Hebrew vocabulary, or
whether they are expressions that the Chachamim instituted for the specific
purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable
to use Kinuyim when making a Neder rather than the proper Hebrew term, so
that one should not come to utter the Name of HaSh-m in vain (ibid.); if one
uses the proper Hebrew term it is more likely that one will utter the Holy
Name along with it by association.
(c) "Konam Im Eini Megarshech" means "[All fruits] should be prohibited to
me like a Korban if I do not divorce you," as the Gemara explains (below,
Daf 46b).
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