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Gitin 79

GITIN 77-79 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer, A"H.

1) [line 5] LO MINTAR - it (the airspace of the roof) does not protect [the Get from being blown off by the wind]

2) [line 6] MA'AKEH - a fence, guardrail. The Torah (Devarim 22:8) commands that a fence be built around the roof of one's home (or balcony) in order to prevent one from falling off.

3) [line 17] KELUTAH K'MI SHE'HUNCHAH DAMYA (HOTZA'AH)
(a) HOTZA'AH - Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It involves either 1. transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain), 2. Hachnasah, which refers to transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid, 3. Ma'avir Arba Amos b'Reshus ha'Rabim, or carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos, 4. Moshit, which involves *passing* an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a, see Background to Shabbos 96:3). These are all biblical prohibitions.
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in Shabbos 3a.
(c) KELUTAH K'MI SHE'HUNCHAH DAMYA - A person who throws an object from one Reshus ha'Yachid to another Reshus ha'Yachid through an intervening Reshus ha'Rabim is guilty of violating Shabbos mid'Oraisa, according to Rebbi Akiva and Rebbi. One explanation of this opinion is that the object is "Kalut" ("caught") by the air of Reshus ha'Rabim below ten Tefachim and is considered Halachically at rest on the ground. The person has done an Akirah in Reshus ha'Yachid and a Hanachah in Reshus ha'Rabim, and is guilty of Hotza'ah (Shabbos 4b).

4) [line 33] RESHUYOS CHALUKOS B'GITIN - (lit. different places are considered separate with regard to Gitin) if a husband lends his wife a place in his private property for her to receive a Get, it is assumed that he only lends her one place (unless he specifies otherwise). For example, it he lends her a place on his roof, she cannot receive her Get in his courtyard. If she does receive the Get in his courtyard, she is not divorced.

5) [line 44] OSHLAH MAKOM - he lends her a place
6) [line 45] MIDI IRYA?! DILMA HA KED'ISA V'HA KED'ISA - Is this a proof? Perhaps this [case] is unique unto itself and the other is unique unto itself.

7) [line 49] NA'ATZ KANEH BI'RSHUS HA'YACHID UV'ROSHO TERASKAL - someone erected a pole in Reshus ha'Yachid with a basket at the top If a basket is placed at the top of a pole in Reshus ha'Yachid, it, too, is considered a Reshus ha'Yachid (Shabbos 7a). Throwing an object from Reshus ha'Rabim into the basket is a violation of the laws of Hotz'ah (see above, entry 3:a).

79b---------------------------------------79b

8) [line 11] KUPOS - large baskets
9) [line 17] SHULAYIM - a bottom
10) [line 17] POTER - divorces

11) [line 18] GET YASHAN - (lit. "an old Get") a bill of divorce given after the date that appears in it, on which it was written and signed When a man writes a Get for his wife and secludes himself with her before giving her the Get, Beis Shamai and Beis Hillel argue as to whether he is permitted to use this Get to divorce her or not. Beis Hillel prohibits using this Get, since the date on the Get (which is earlier than the date of the actual divorce) may cause people to think that the divorce occurred earlier, and that any offspring that were conceived between the time of the writing of the Get and the time that it was actually used were born out of wedlock. Beis Shamai does not consider this is a cause for concern (see TOFOS DH Beis Shamai, quoting the Yerushalmi).

12a) [line 25] KASAV L'SHEM MALCHUS SHE'EINAH HOGENES - if a Sofer wrote [a Get when he was in one kingdom, counting according to the years of a different kingdom; e.g.] according to the Roman kingdom [when he was in Bavel] (RASHI)
b) [line 7] MALCHUS SHE'EINAH HOGENES - (lit. an improper kingdom) this refers to the Roman Empire that is termed "improper" because (a) they did not have their own language or script. The Latin language was not native to Italy but was brought into the Italian Peninsula by Italic peoples who migrated from the north. The Roman alphabet was adapted from the early form of the Etruscan alphabet. (RASHI); (b) they do not have a distinct idiom spoken only by the monarchy (TOSFOS YESHANIM to Yevamos 91b), TOSFOS to Avodah Zarah 10a DH she'Ein, quoting RI)

13) [line 28] HAYAH BA'MIZRACH V'CHASAV "B'MA'ARAV" - [when he (the Sofer -- Gemara below, 80a) writes the Get in a certain place, he should not write that the Get is being written in a different place, for example if] he was in the east and he writes that it was written in the west

14) [line 30] KESUVAH - the Jewish marriage contract
(a) When a man marries a woman who was a Besulah (virgin) at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuz (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)
(b) When a man marries a widow or a divorcee who had once been married in the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write her a Kesuvah document in which he promises that she will receive 100 Zuz from him or his estate if he divorces her or dies. Even if the woman is still a virgin, the woman is classified as a "Be'ulah" with regard to the amount of her Kesuvah because she was once married and she is not given the Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a widow or divorcee is only mid'Rabanan (Kesuvos 10b -- The Gemara there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuz).
(c) When a man marries a woman who was less than three years old at the time that he was Mekadesh (betrothed) her, he must write her the Kesuvah of a Besulah and promise her 200 Zuz from him or his estate if he divorces her or dies. A girl less than three years of age is considered a Besulah whether or not she was married or had relations in the past, since her Besulim return to their original state (Kesuvos 11b).

15a) [line 30] PEIROS - (a) this woman does not receive "Din Peiros," i.e. the benefit that a wife gets from her husband in exchange for providing him with the fruits (Peiros) of her Nichsei Milug (see next entry), which is that he must redeem her if she is captured (RASHI, RASHI to Kesuvos 100b, 1st explanation; see Background to Gitin 48:24:a); (b) this woman is not *repaid* for the Peiros of Nichsei Milug that the husband ate during the time that they were married (RASHI to Kesuvos 100b, 2nd explanation)

b) [line 30] PEIROS (NICHSEI MILUG)
A woman brings into her marriage two types of possessions, as follows:

1. Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox).
16) [line 31] MEZONOS
As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "She'erah...Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b, see Background to Gitin 48:24).

17) [line 31] BELA'OS
(a) A woman brings into her marriage two types of possessions, as follows:

1. Possessions that the wife owned before marriage, the values of which were estimated and written in the Kesuvah, to be returned to her in full upon divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron Flock Properties") because their value does not change between the time of marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified in the Kesuvah. Upon divorce or the husband's death, the property is returned as is, regardless of its appreciation or depreciation (or deterioration) over the years. These are referred to as Nichsei Milug ("Properties that are Plucked"), because for the duration of the marriage the husband may take ("pluck") the produce (Peiros) of these possessions (e.g. reaping the fruit of a field, or plowing with an ox). However, he may not "use up" the property itself (e.g. by digging trenches in the field or slaughtering the ox).
(b) The Rishonim disagree as to what the term Bela'os refers to: 1. RASHI (here and Yevamos 84a, 87b, Kesuvos 100b, Bava Metzia 67a, Nidah 12b) explains that it refers to the remnants of the *Nichsei Tzon Barzel* that the husband *did not* entirely deplete yet, such as articles of clothing that became partially worn out; 2. TOSFOS (here and in Yevamos 85a DH Bela'os and Kesuvos ibid. and Bava Metzia ibid.) explains that it refers to the wife's property that the husband *already depleted*.

18a) [line 32] MAMZER - if she bore children to her second "husband," they are Mamzerim (see next entry) mid'Oraisa. If her first husband remarried her after her divorce from the second husband, and she afterwards bore children, they are Mamzerim mid'Rabanan.

b) [line 32] MAMZER
(a) There are prohibited marital relations that invalidate the ensuing offspring and render them Mamazerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer (fem. Mamazeres). According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a). A Mamzer mid'Rabanan, however, is prohibited to marry a Mamzeres mid'Oraisa, since his lineage is unsullied mid'Oraisa.

19) [line 33] V'LO ZEH VA'ZEH MITAM'IN LAH - neither her husband nor her second "husband" (if they are Kohanim) is permitted to become Tamei for her [if she passes away]
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara (Yevamos 89b) concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her, nobody else will handle her burial, and therefore she is like a Mes Mitzvah -- see Background to Sotah 45:31 and Insights to Yevamos 89b.)
(c) The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or female, is commanded to be Tahor -- RASHI to Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but also to all Jews.

20) [line 34] LO B'METZI'ASAH V'LO B'MA'ASEH YADEHA - neither her husband nor her second "husband" is entitled to receive any objects that she finds (that a finder is allowed to keep) or her Ma'aseh Yadayim (her earned income)

21) [line 34] HAFARAS NEDAREHA (HAFARAS NEDARIM - the annulment of her 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) 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.)

22) [last line] NIFSELES MIN HA'KEHUNAH (ZONAH)
(a) The Torah prohibits a Kohen from marrying a Zonah, with an Isur Lav (Vayikra 21:14). A Zonah is generally defined as a woman who had relations with a man out of wedlock. However, the Tana'im argue about the exact definition of who is a Zonah.

1. Some say that a Zonah is any woman who is unable to have children, since it is not the manner for men to marry such a woman. She is prohibited to a Kohen whether she actually had relations with a man out of wedlock or not.
2. Some say that a Zonah is any woman who had relations with a man out of wedlock, i.e. without Kidushin, or, according to others, any woman who made herself available for all (without Kidushin).
3. Others say that the only woman who is considered a Zonah is an "Eshes Ish," a woman who committed adultery.
4. The Chachamim say that a Zonah is a woman who had relations with a man to whom she is prohibited (Yevamos 61b).
(b) The Halachah follows the Chachamim, who say that a Zonah is a woman (at least three years of age) who had relations with a man to whom she is prohibited. The Rishonim, though, argue about which Isur will make her into a Zonah.
1. A number of Rishonim maintain that a Zonah is only a woman who had relations with a man to whom she is prohibited with an Isur *Kares* or with a man with whom Kidushin cannot take effect (such as an Eved or a Nochri). A woman who had relations with a man to whom she is prohibited with only an Isur *Lav* is not considered a Zonah. Although she, too, is prohibited to a Kohen because of a different verse, a Kohen will not receive Malkos for marrying her. (RA'AVAD, Hilchos Isurei Bi'ah 18:1; see also TOSFOS in Gitin 89a, DH Be'ulah, and MAHARSHA there.)
2. Others agree that a woman becomes a Zonah only after having relations with a man with whom Kidushin cannot take effect, but they add that a Kohen *will also* receive Malkos for marrying a woman who had relations with a man who is prohibited to her with an Isur Lav (based on the other verse, alluded to above). (TOSFOS; TOSFOS HA'ROSH to Yevamos 44b, DH Hacha Nami -- see also TOSFOS 61a, DH sh'Niv'alah, MILCHAMOS to Yevamos 56b.) 3. Others say that having relations with a man who is prohibited to her with *any* Isur, whether it is an Isur Kares or an Isur Lav, will make her into a Zonah. (RASHI to Yevamos 56b, 61b, and RAMBAM, Hilchos Isurei Bi'ah 18:1.)
(c) A woman who had relations with a man who is prohibited to her because of an Isur Kehunah (for example, an Almanah (widow) who had relations with a Kohen Gadol, and a Gerushah (divorcee) who had relations with a regular Kohen) becomes a Chalalah, but not a Zonah. She, too, becomes prohibited from marrying a Kohen and from eating Terumah. A woman who has relations with a man who was not always prohibited to her (such as a "Machzir Gerushaso") does not become a Zonah and is permitted to marry a Kohen and to eat Terumah (Yevamos 69a).
(d) A convert is also prohibited to a Kohen because of the Isur of Zonah (Yevamos 61b). The Rishonim argue about the reason for this.
1. According to RASHI (ibid.) and the RA'AVAD (Hilchos Isurei Bi'ah 18:3), the reason is because she had relations with a Nochri or an Eved, with whom Kidushin cannot take effect (as mentioned above in b:1). Therefore, if she was less than three years old when she converted, she is not considered a Zonah and she is not prohibited to a Kohen because of the Isur of Zonah. However, she is prohibited because of a different verse (in Yechezkel) as taught in Kidushin 78a.
2. The RAMBAM (Hilchos Isurei Bi'ah 18:1, 3), though, says that any woman who was not born Jewish, whether she converted or not, whether she is less than three years old or older, is prohibited to a Kohen mid'Oraisa because of the Isur of Zonah.
(e) Most Rishonim prohibit a Zonah from eating Terumah as well, just like she is prohibited from marrying a Kohen (RASHI, Yevamos 68b; TOSFOS, Yevamos 35a, DH Af Al Pi, and 34b, DH Hacha). Even those who maintain that she is not prohibited to eat Terumah because of the Isur of *Zonah* nevertheless prohibit her from eating Terumah if she had relations with someone to whom she is prohibited (with an Isur Kares or an Isur Lav, or with a Nochri or an Eved) based on a different verse (Yevamos 68b; see RASHBA there). However, some (RASHI, Yevamos 13b, DH u'Beis Hillel, and 68b, DH v'Is d'Mefarshi) assert that she becomes prohibited from eating Terumah only if she had relations with a man who is prohibited to her with an Isur Lav. If she had relations with an Isur Kares (unwillingly, see Insights there) or with a person with whom Kidushin does not take effect, she may still eat Terumah.

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