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Gitin 12
GITIN 12 - This Daf has been dedicated to the memory of Moshe Simcha ben
David Z"L Rubner by his parents, David and Zahava Rubner of Petach Tikva.
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1) [line 5] "[...V'LEKET KETZIRCHA] LO SELAKET; LE'ANI [VELA'GER TA'AZOV
OSAM...]" - "...nor shall you gather [any gleaning of your harvest; you
shall leave them] for the poor, [and to the stranger...]" (Vayikra 23:22) -
The Rabanan read the words, "Lo Selaket; le'Ani," as if there were no pause
in between them and render this as a command, "You shall not gather for the
poor."
2) [line 13] BED'LO SAFKAH - when the amount that she earns from the work
that she must do does not cover the cost of her food
3) [line 14] AVDA D'NEHOM KERESEI LO SHAVYA, L'MAREI UL'MARASEI L'MAI
MISBA'I - a slave who does not produce enough to pay for the bread of his
belly; of what use is he to his master and mistress?!
4) [line 16] AREI MIKLAT (Cities of Refuge)
(a) A person who murders intentionally after having been previously warned
is liable to the death penalty. A person who murders unintentionally is
exempt from the death penalty, but is punished with Galus (banishment).
(b) When it is proven that a person killed unintentionally, he is banished
to one of the six Arei Miklat (Cities of Refuge) or one of the forty-two
cities of the Leviyim. He must stay there and not leave the city or its
Techum for any reason whatsoever until the death of the Kohen Gadol who
served at the time that he was sentenced to banishment.
(c) If the unintentional murderer leaves his City of Refuge, the Go'el
ha'Dam (the closest relative of the murdered person) is permitted to avenge
the death of his relative and kill the murderer.
5) [line 21] L'HA'ADAFAH - for the surplus [of his Ma'aseh Yadayim (the
amount that he earns) over his Mezonos (the amount of his sustenance)]
6) [line 21] KEIVAN D'CHI LEIS LEI, LO YAHIV LEI - since when he does not
[produce any surplus], he does not have to give [his master anything more
than his Ma'aseh Yadayim]
7) [line 22] KI IS LEI NAMI, LO LISHKOL MINEI - when he does [produce a
surplus], his master should also not take away [the surplus] (but rather, it
should stay in the possession of the slave)
8) [line 24] "VA'CHAI" - "[So that the killer, who killed his neighbor
unintentionally, and did not hate him in times past, might flee there; and
that by fleeing to one of these cities] he might live." (Devarim 4:42)
9) [line 24] AVID LEI CHIYUSA TEFEI - [perhaps] we should provide him with
an enhanced living
10) [line 29] "KOL KEVUDAH VAS MELECH PENIMAH; [MI'MISHBETZOS ZAHAV
LEVUSHAH.]" - "All of the glory of the princess is within; [her clothing is
of embroidered gold.]" (Tehilim 45:14) - The noble princess stays in the
inner rooms of the palace, not exposing her glory to the people (IBN EZRA,
RADAK et. al. to Tehilim ibid.).
11) [line 31] BATZORES - years of famine
12) [line 38] HA'MAKDISH YEDEI AVDO - a person who declares that the
*product* of his slaves hands should be consecrated to Hekdesh
13) [line 38] LOVEH V'OCHEL, V'OSEH U'FORE'A - borrows and eats, works and
pays back (the Gemara proceeds to explain this phrase)
12b---------------------------------------12b
14) [line 1] L'HA'ADAFAH - for surplus food (more than the bare necessity)
15) [line 4] KAMA KAMA KADISH LEI - whatever he produces becomes Hekdesh,
bit by bit (if he produce more than a Perutah's worth at a time)
16) [line 7] D'IY LO, AVDA MAN PALACH LEI - for if not, who will "work" this
slave such that he can earn his sustenance?
17) [line 13] HA'KOTE'A - one who maims (by cutting off his hand)
18) [line 14] SHIVTO U'REFU'ASO (CHOVEL)
A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay
five payments, i.e. four payments in addition to Nezek, which one must
always pay for damages. The five payments are:
1. NEZEK (Damages) - If one causes damage to the person of a fellow Jew,
such as blinding his eye, cutting off his hand or breaking his foot, Beis
Din assesses the damages that he caused based on the depreciation such
damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount
that the injured person would be ready to pay to have the identical injury
inflicted in a painless manner (Bava Kama 85a). Pain payments are due even
if no other damage (other than the pain) was inflicted -- for example, if
one person burned another's fingernail without causing a wound (Mishnah,
ibid.). The amount of this payment ultimately depends upon the physical and
financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik
2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the
injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the
injured person's recovery. Sheves is evaluated as if the injured person is
protecting a pumpkin patch from birds, a job that requires only minimal
exertion and can be accomplished even by an invalid. (The money that the
injured person loses due to his permanent handicap, though, is covered by
the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person
who caused the embarrassment and the status of person who was embarrassed.
According to most opinions, the shame caused *by* an undignified person is
greater than the shame caused by an average or dignified person (YERUSHALMI
Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM
Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM
420:24). Others rule that the shame caused by an *average* person is greater
than the shame cause by an undignified or a dignified person (RASHI to
Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for
Ones and Mefateh, which follow the previous opinion). With regard to a
person who was embarrassed, shame caused *to* a dignified person is greater
than the shame that an average or undignified person suffers (Bava Kama
ibid.).
19a) [line 18] NIZON - he is fed (the most basic sustenance)
b) [line 18] MISPARNES - (O.F. conreid) satisfying the needs [of a human
being, besides the basic sustenance, i.e. Ha'adafah, which is even more
vital now that the slave is injured]
20) [line 22] D'BA'I ITSUYEI BEI - he needs to use it to [pay for the
medicines that will] heal him
21) [line 22] D'AMDUHA L'CHAMSHA YOMEI - they (the Beis Din) estimated that
his cure would last five days
22) [line 23] V'AVDU LEI SAMA CHARIFA - however, a strong herb or strong
medicinal cure was employed
23) [line 24] TZA'ARA - the pain [of the strong herb or cure]
24) [line 28] POSLO MIN HA'TERUMAH (MA'ACHIL B'TERUMAH U'POSEL B'TERUMAH)
(a) All of the Kohanim, male or female are entitled to eat Terumah. However,
when a Bas Kohen marries a Yisrael, she loses her right to eat Terumah, and
she is considered a Zar (non-Kohen), who is prohibited from eating Terumah
(that is, her husband is "Posel" her from eating Terumah). Should her
Yisrael husband divorce her or die, she may eat Terumah as before, as long
as she has had no children from him (Vayikra 22:12-13, Yevamos 69a).
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth,
she is prohibited from eating Terumah as are all Zaros. If she marries a
Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat
Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she
has no children from him, the prohibition for her to eat Terumah returns. If
she does have a child from him, she continues to eat Terumah in the merit of
her late husband, the father of her child (ibid.).
(c) Even the slaves of Kohanim eat Terumah because of their master, since
they are his possessions.
25) [line 36] IY BA'I, ZARIK LEI GITA, U'FASIL LEI - if he wants, he can
throw him a Get Shichrur [into his four Amos while he is Reshus ha'Rabim]
and cause him to be prohibited [from eating Terumah]
26) [last line] SHAVIK LEI V'ARIK V'AZIL L'ALMA - he leaves him (such that
he cannot throw a Get Shichrur into his four Amos) and runs away to another
part of the world
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