BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Introduction to Eretz Yisroel Boundaries
Gitin 2
GITIN 2 - The first Daf in Maseches Gitin has been sponsored by Alex and
Helen Gross of Rechavya, Jerusalem, builders of a home molded by dedication
to Torah and Torah study. May the Torah always protect them and their
family!
|
1) [line 1] HA'MEVI GET (GET)
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife,
he must write a Sefer Kerisus (lit. "a document that cuts [the bond between
them]") and hand it to her ("v'Nasan b'Yadah") in front of two witnesses. In
the language of Chazal, this document of divorce is called a Get (pl.
Gitin).
(b) The man does not need to give the Get to the woman himself; he may
appoint a Shali'ach to bring the Get and hand it to her. When the man
appoints a Shali'ach to bring the Get to his wife, this is called a
"Shali'ach l'Holachah." The woman, too, may appoint a "Shali'ach l'Kabalah"
to receive the Get from the man, or to receive the Get from the man's
Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes
divorced as if she had received it herself. The woman may also appoint a
"Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her
(in which case, she is not divorced until the Shali'ach l'Hava'ah gives her
the Get).
(c) A Get must contain the full names of the couple involved in the divorce,
the places where they are to be found at the time of the writing (or where
they live, or where they were born, according to some), and the date and
place where the Get is written. If any of these items is missing or mistaken
("Shinah Shemo u'Shemah" -- Gitin 34b, Yevamos 91b), the Get is invalid.
(d) A Get must be written Lishmah (for the sake of the woman who is to be
divorced), as is learned from the verse in the Torah, "v'Kasav *Lah* Sefer
Kerisus" - "and he must write *for her* a bill of divorce" (Devarim 24:1).
The scribe must therefore write at least: 1. the name of the wife; 2. the
name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol
Adam" -- "You are hereby free to [marry] whomever you wish" -- with the
intention that this Get will be used to divorce this specific woman (see
RAMBAM Hilchos Gerushin 3:7).
(e) A Get may be written on any surface, including paper, parchment,
potsherds, leaves that do not wither, the hand of a slave and the horn of a
cow (RAMBAM Hilchos Gerushin 4:3).
2) [line 2] MEDINAS HA'YAM - a land overseas (i.e. a distant land)
3a) [line 4] REKEM - a city identified as Petra, in Jordan (JOSEPHUS,
TEVU'OS HA'ARETZ). There were more than one city named Rekem. Rekem is the
Biblical city of Kadesh (see TARGUM ONKELOS to Bereishis 14:7, 16:14, 20:1).
There were more than one city named Kadesh, all of which are translated by
the Targum as "Rekem" (see TOSFOS).
b) [line 4] CHEGER - the name of a region which consisted of a number of
fortified cities, the purpose of which was to serve as a protective boundary
("Cheger" comes from the Aramic word meaning "belt," "perimeter," or
"wall"). The "Cheger" here refers to the eastern border of Eretz Yisrael.
4a) [line 4] KEFAR LUDIM - a suburb just outside the city of Lud that was
part of Chutz la'Aretz (Rashi in Sukah 26b says that it was 6 Parsa'os
outside of Lud.)
b) [line 5] LUD - Lud was located in the present-day city by that name
(Lod), southeast of Tel Aviv. During the time of the Gemara it was located
on the road that led from Yerushalayim to Ceasaria, and it had a mixed
population. Lod was the hometown of Rebbi Eliezer.
5) [line 9] HEGMONIYA - one of the separate districts (under separate
jurisdiction) in a large city
6) [line 10] ME'REKEM L'MIZRACH - from the city of Rekem and eastward. This
Rekem does not seem to be the same city as the Rekem mentioned earlier (line
4, entry 3a), because the earlier Rekem is too far east to be part of the
eastern border of Eretz Yisrael. This Rekem, which is on the eastern border
of Eretz Yisrael, is identified as the city of Kedesh Naftali (in the
northeast part of Eretz Yisrael).
7) [line 11] AKO - the port city of Ako (Ptolemais), which represented the
northern border of Eretz Yisrael.
8) [last line] ORERIM - complaints that challenge [the validity of the Get)]
9) [last line] YISKAYEM B'CHOSMAV - it (the Get) shall be upheld by its
signatures (KIYUM)
Mid'Oraisa, a Shtar (contract) or Get which was written legally and signed
by witnesses is considered absolute proof. The Chachamim, out of fear of
forgeries, required that every Shtar be validated ("Kiyum") in one of the
following manners:
- 1. The witnesses themselves attest to the validity of their signatures.
- 2. Other witnesses who recognize the signatures attest to their validity.
- 3. The signatures are matched to those on a previously validated Shtar or Get.
2b---------------------------------------2b
10) [line 1] LISHMAH - for her sake
A Get must be written Lishmah (for the sake of the woman who is to be
divorced), as is learned from the verse in the Torah, "v'Kasav *Lah* Sefer
Kerisus" - "and he must write *for her* a bill of divorce" (Devarim 24:1).
The scribe must therefore write at least: 1. the name of the wife; 2. the
name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol
Adam" -- "You are hereby free to marry whomever you wish" -- with the
intention that this Get will be used to divorce this specific woman (see
RAMBAM Hilchos Gerushin 3:7).
11) [line 3] D'ASYUHU BEI TREI - when two messengers brought it
12) [line 6] KOL EDUYOS SHEBA'TORAH - all forms of testimony in the Torah
[require two witnesses]! (EDUS)
(a) The Torah requires two witnesses to prove a fact in Beis Din. Although
there are three places where a single witness suffices to provide evidence,
a single witness does not suffice to give testimony about the validity of a
Get (or Shtar). The three places where a single witness suffices are: 1. to
prove that a Safek Sotah was unfaithful to her husband after the steps of
Kinuy and Stirah have taken place (Sotah 31a, see Background to Sotah 14:6);
2. to prove the identity of a killer in order to exempt the city closest to
a disclosed corpse from bringing an Eglah Arufah (Sotah 47a, see Background
to Sotah 44:25); 3. in order to testify that a woman's husband died so that
she may be able to remarry (Yevamos 117b). (It is not clear whether this
latter case is mid'Oraisa or mid'Rabanan; see Insights to Yevamos 88:1.)
13) [line 7] ED ECHAD NE'EMAN B'ISURIN - a single witness is believed with
regard to matters of prohibitions (such as to testify that a certain piece
of meat is Kosher)
(a) RASHI says that the source for this Halachah is the fact that the Torah
allows a person to eat with his friend (without requiring two witnesses
testifying that the food is Kosher). TOSFOS and the other Rishonim say that
this is derived from the verse ("v'Safrah;" Vayikra 15:28) that teaches that
a woman is believed to state that she counted her seven days of Taharah for
her Tum'as Nidah.
(b) When the item in question is "Ischazek Isura" -- its status of Isur has
already been established, the Gemara in Yevamos (88a) raises the possibility
that a single witness is not believed to permit it. However, when the matter
is in the hands of the witness ("b'Yado") to correct (for example, it is in
his hands to separate Terumah from questionable produce, or it was in his
hands to slaughter an animal properly), then the witness is certainly
believed.
14a) [line 9] CHELEV
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(Vayikra 3:4).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (domesticated
animal), but it may be used for any other purpose. The Chelev of a Chayah (a
Kosher wild animal), however, may even be eaten. "Shuman" refers to all the
other fat of an animal that is permitted.
(c) If a person eats Chelev b'Mezid (intentionally), he is Chayav Kares;
b'Shogeg (unintentionally) he must bring a Korban Chatas, as in the Shogeg
of all other sins for which one is liable to Kares b'Mezid. The Korban
Chatas is a female goat or sheep. If a person is in doubt whether the fat he
ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background
to Nazir 23:2b).
b) [line 9] SHUMAN - permitted fats
15) [line 9] LO ISCHAZEK ISURA - it was never established that the item was
prohibited
16) [line 11] EIN DAVAR SHEB'ERVAH PACHOS MI'SHENAYIM - this is the *second*
objection raised by the Gemara. The first is that it in a case of "Ischazek
Isura," a single witness is not believed. The reason the Gemara adds this
question is because the Gemara in Yevamos (88a) entertains the possibility
that a single witness is believed even in a case of "Ischazek Isura," which
would answer the Gemara's first question here (see RAMBAN and TOSFOS here).
17) [line 13] D'CHAYISH L'MI'UTA - he is concerned for the less likely
possibility
Rebbi Meir is of the opinion that we do not follow the majority if there is
a Safek (a doubt), but rather we consider the matter to be still in doubt.
(According to one opinion in TOSFOS, Rebbi Meir only considers it a Safek
mid'Rabanan, for according to the Torah we *can* rely on a Rov; Tosfos
Chulin 12a DH Pesach, 86b DH Semoch. See Background to Bechoros 19:11b.)
18) [line 13] SAFREI D'DAYANEI - scribes of the Dayanim
19) [last line] MIGMAR GEMIREI - are learned (in the laws of writing a Get
and know that a Get must be written Lishmah)
Next daf
|