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Gitin 32
GITIN 32 (16 Adar) - dedicated by Mr. Avi Berger of Queens, N.Y. in memory
of his father, Reb Pinchas ben Reb Avraham Yitzchak, on the day of his
Yahrzeit.
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1) [line 1] SHUFTA - a handle (RASHI) or a wedge pin for a handle (RASHI to
Shabbos 102b DH Ayil)
2) [line 1] B'KOFINA D'MARA - (O.F. fossoir - a hoe) in the hole of a hoe
(that secures the blade of the hoe to its handle)
3) [line 1] RAFYA - becomes loose
4) [line 2] SICHESA - a peg
5) [line 2] B'DAFNA - in a wooden partition
6) [line 3] KANYA - a reed
7) [line 3] B'KUFTA - in a basket [that is made from reeds or pieces of wood
such as willows] (ARUCH)
*****PEREK #4 HA'SHOLE'ACH*****
8) [line 7] BATEL HU (BITUL HA'GET)
(a) According to the Torah, a man who sends a Get (bill of divorce) to his
wife with a messenger can revoke it before it reaches the hands of his wife
by declaring in front of a Beis Din (i.e. two or three men -- Gitin 32b),
"The Get that I have sent is hereby nullified." (MISHNAH here).
(b) The repeal of the Get takes effect even if it is not done in the
presence of the woman or the messenger. However, the Chachamim forbade
revoking the Get unless it is done in the presence of the messenger or the
wife. According to some Amora'im, they feared that if the husband would
revoke the Get without the knowledge of the messenger and the wife, his wife
may marry another man, relying on the Get, without realizing that the Get
was revoked before it was handed to her. In order to prevent this
unfortunate situation, the Chachamim decreed that a man may not revoke a Get
after sending it to his wife with a messenger unless he (or a second
messenger of his) does so in their presence. Other Amora'im maintain that
the decree was enacted because men regularly used to cancel Gitin after they
dispatched them in order to distress their wives. The Chachamim therefore
ruled that the husband (or a second messenger of his) must revoke the Get in
the presence of the original messenger or the wife. The husband will not go
to such lengths and pursue the original messenger to revoke the Get, just to
distress his wife (ibid. 33a and RASHI).
(c) If the husband *does* revoke the Get while not in the presence of the
first messenger or the wife (b'Di'eved), the Tana'im argue as to whether his
action has any validity (ibid.). The Halachah follows the opinion that the
repeal takes effect. However, since with the repeal the husband has
transgressed a Rabbinical enactment, he receive Makas Mardus (see Background
to Background to Yevamos 52:1) for his action.
9) [line 13] TIKUN HA'OLAM - for the betterment of the world
10) [line 13] HIGI'O - he caught up to him (indicating that he was pursuing
his messenger)
b) [line 14] HIGI'A - he chanced upon him (indicating that he was not
pursuing his messenger)
11) [line 14] MIMELA - by happenstance
12) [line 16] ALIMA - superior
13) [line 26] D'MEHADER ALEI ME'IKARA LI'VETULEI - he was initially seeking
zealously to cancel it
14) [line 27] IGLA'I MILSA L'MAFRE'A - this discloses [his true intent in]
the matter retroactively
32b---------------------------------------32b
15) [line 4] NAKTINAN - we have a tradition
16) [line 5] HOLECH LAV K'ZECHI DAMI
(a) When a person sends an object to another person who is not present by
way of a Shali'ach (agent) there are two ways that the recipient may acquire
(i.e. take Halachic title of) the object. The recipient may acquire the
object when the Shali'ach delivers it and the recipient personally receives
it and makes a Kinyan (a formal act of acquisition) on the object.
Alternatively, the recipient may acquire the object at the moment that the
original owner gives it to the Shali'ach by having the Shali'ach act on the
recipient's behalf and make a Kinyan on the object for him.
(b) Normally, in order for the recipient to acquire the object at the moment
that the Shali'ach receives it, two conditions must be fulfilled. If either
of these two conditions are not fulfilled, the recipient must wait until he
actually receives the object from the Shali'ach in order to be considered
the Halachic owner of the object. The two conditions are:
1. The recipient must either have appointed the Shali'ach to acquire it on
his behalf, or it must be obvious to all that the recipient *would have
wanted* to appoint the Shali'ach to acquire it on his behalf. (The latter is
known as "Zechiyah," or "Zachin l'Adam she'Lo b'Fanav;" see Background to
Gitin 11:17)
2. The person giving the object must also be interested in having the
Shali'ach transfer ownership of the object immediately. This condition is
fulfilled when the original owner of the object clearly expresses his intent
for the recipient to immediately acquire the object, for example by saying
"*Acquire* ("Zechi") this object for so-and-so."
(c) The Gemara (Gitin 11b) discusses whether various expressions fulfill the
second condition listed above. Some say that when the owner says "*Give*
("Ten") this object to so-and-so," he means that he wants the Shali'ach to
*acquire* it for the recipient immediately. This is known as "Ten k'Zechi."
Some say that even when the owner says "*Take* ("Holech") this object to
so-and-so," he means that he wants the Shali'ach to *acquire* it for the
recipient immediately. This is known as "Holech k'Zechi."
(d) The Rishonim explain that even those who maintain "Ten k'Zechi" and
"Holech k'Zechi" only do so under limited circumstances. For instance, "Ten"
will only be like "Zechi" if the giver of the object *hands it over* to the
Shali'ach at the time that he says to the Shali'ach "Give ('Ten') this to
so-and-so." In addition, "Ten k'Zechi" might be limited to an object (or
money) that the giver is *obligated* to deliver to the recipient, but not to
a gift. (See TOSFOS Gitin 11b DH Kol ha'Omer, Bava Basra 85a DH Hachi
Garsinan.)
17) [line 6] ASHKECHEI - found
18) [line 6] D'SALI V'KAI B'IVRA D'DASHA - who was leaning on the bolt of
the door
19a) [line 9] LO YO'IL - shall not be effective
b) [line 9] LO YATIR - shall not release [a woman from her marriage]
c) [line 9] LO YA'AZIV - shall not cause [a woman] to leave [her husband]
d) [line 9] LO YESHALE'ACH - shall not send [a woman out of her husband's
house]
20) [line 10] YEHEI CHERES - shall be [as worthless as] a potsherd
21) [line 20] EINI? - Is it so?
22) [line 20] HILCHESA KAVASEI D'REBBI YOCHANAN D'AMAR CHOZERES - the
Halachah follows the opinion of Rebbi Yochanan who rules that [a woman who
accepted Kidushin (money for betrothal) with the stipulation that the
betrothal would take place only after thirty days] may change her mind
[before they take effect and the betrothal becomes nullified]
23) [line 28] BEI TREI - two people
24) [last line] MOSRANI (PRUZBUL - A document allowing the collections of
loans after Shemitah)
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels
loans at the *end* of the year, on the last day of the month of Elul.
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
Yisrael.
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah
year was approaching out of fear that that they would not get their money
back because the debt would be annulled by the Shemitah year. By doing so,
they were transgressing an express command of the Torah *not* to refuse to
lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the
"Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich),
effectively creating a way to avoid having Shemitah annul one's debts, as
long as the borrower owns some land (Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the
end of the Shemitah year, stating that he is placing all debts owed to him
into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By
doing this, the creditor will not transgress the prohibition of "Lo Yigos"
when he collects the loan after Shemitah, since he will not have to approach
the borrower to collect the loan; Beis Din will take care of the collection
and he will approach Beis Din. Beis Din, too, does not have to approach the
borrower to collect the loan, since Beis Din can simply collect it
themselves using their power of "Hefker Beis Din Hefker" (RASHI here DH
Mosrani, to Kesuvos 89a DH Pruzbul and to Bava Basra 27a DH Pruzbul). A
Pruzbul only allows a person to collect the loan after Shemitah if the
borrower has land. It is unusual for a person to lend money to a person
without land, and the Rabanan did not institute the use of Pruzbul for
unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul).
Alternatively, Pruzbul permits a person to collect a loan after Shemitah
because the moment one allows Beis Din to collect his loans, it is as if
they are already collected, and in his possession, immediately (since
nothing can stop Beis Din from collecting the loan). This is also the reason
the borrower must own land in order for Pruzbul to permit the collection of
the loan. It is only if he has land that Beis Din can easily collect the
loan. If the borrower only has movable possessions, it is possible for him
to prevent Beis Din from collecting them by hiding them from Beis Din.
Therefore they are not considered to have entered the creditor's possession
until they are actually collected as payment. (RASHI to Bava Kama 12a DH
Chal)
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