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Gitin 34
GITIN 34 & 35 - The Dafim have been 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 2] APOTROPOS - (O.F. seneschal) steward, manager of the household
(RASHI to Sukah 27a)
2) [line 7] ASHKECHAH D'HAVAH YASVAH V'NAVLAH - he found her sitting and
weaving
3a) [line 8] ZIL HASHTA MI'HA - go away from here now
b) [line 9] V'SA L'MACHAR - and come back tomorrow
4) [line 13] GILUY DA'ATA B'GITA - [the husband] making his intentions clear
with regard to [whether or not he wants to give] a Get
5) [line 18] V'AMAR LEHU L'SAHADEI - and he (the husband who was being
forced to divorce his wife) said to the witnesses
6) [line 22] DAFNUYEI - strong men
7) [line 23] CHASNEI D'RAV YIRMEYAH BIRA'AH - the son-in-law of Rav Yirmeyah
Bira'ah
8) [line 24] TANA ASHKELEI - he (Rav Yehudah) forced him [to command the
witnesses to write a Get] again
9) [line 26] OSIVU KAREI (B'UNAICHU) [B'UDNAICHU] - place gourd or pumpkin
trimmings in your ears
10) [line 28] HA CHAZU LEI K'KA RAHIT BASRAIHU - they see that he is running
after them [to annul the Get]
11a) [line 29] ASHUR! HAVU LAH HAYA! - Strengthen yourselves! [and] Give it
to her quickly!
b) [line 30] KI HEICHA D'MISHLAM TZA'ARA DEHA'HU GAVRA - in order that
that person's (my) grief shall come to an end
12) [line 33] PASKEI MABERA - the ferry stopped him [from crossing the
river, since it was at the other side of the river at the time]
13) [line 34] CHAZU D'ASAI! - See that I have come!
14) [line 34] LO SHEMEI MASYA - it is not considered coming
15) [line 37] IY LO NESIVNA - if I do not perform Nisu'in (marriage) [with
my Arusah (betrothed fianc?e)]
16) [line 38] HA TARACHNA - [I am unable to perform Nisu'in because] I am
completely occupied [with and have not yet finished the preparations for the
ceremony]
17) [line 39] EIN ONES B'GITIN
(a) It is possible to make a condition in all Kinyanim (acquisitions; the
word Kinyan connotes a change of ownership or status, such as sales, gifts,
Gitin and Kidushin) such that the Kinyan will not take effect unless one or
both of the parties involved fulfill the specified condition. Similarly, it
is possible to make a condition as to whether a Neder (vow) will take
effect.
(b) If the person with whom the condition was made did not intend to fulfill
the condition (i.e., he did not want the Kinyan to take effect), but he
fulfilled it against his will (b'Ones) due to circumstances beyond his
control, it is considered as if the condition was not fulfilled, and the
Kinyan does not take effect. For instance, Reuven stipulates that an object
of his should be given to Shimon if he (Reuven) does not pay a specified
amount to Shimon within a given time period. In the end, Reuven cannot pay
within the time period because he was held up overseas, or he was
unconscious. In such a case, the object is *not* given to Shimon.
(c) The above is true with regard to all Kinyanim other than documents of
divorce (Gitin). With regard to documents of divorce, our Gemara records
differing opinions as to whether a condition fulfilled b'Ones causes the
divorce to take effect or not. Some rule that a condition fulfilled b'Ones
does *not* cause the divorce to take effect, i.e. "Yesh Ones b'Gitin."
Others rule that the divorce takes effect despite the fact that the
condition was fulfilled b'Ones, or "Ein Ones b'Gitin."
(d) If the condition was *not fulfilled* b'Ones (that is, the person wanted
to fulfill the condition but was not able due to circumstances beyond his
control), then the Kinyan does *not* take effect. Even though he had
intended to fulfill the condition, since the condition was not actually
fulfilled, the Kinyan is not valid. This is true with regard to all
Kinyanim, including Gitin. (RITVA to Kesuvos 2b, but see KOVETZ SHI'URIM #2,
3) For example, if Reuven divorces his wife on the condition that he *does
not* return within thirty days, and he returns within thirty days at
gunpoint, or bound and tied, the Get is not valid, since Reuven did not
fulfill the condition of "keeping away for thirty days."
18) [line 40] REISH YARCHA - Rosh Chodesh
34b---------------------------------------34b
19) [line 1] NACHMANI - Abaye; (a) Rabah bar Nachmani, who raised Abaye as
an orphan, gave him the name Nachmani in memory of his own father (RASHI);
(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 here)
20) [line 1] HAYAH MESHANEH SHEMO - (lit. he would change his name) a man
who had two or more names would use the name in the place where the Get was
written, even if it was not the name by which he was known in the place
where the Get was to be given
21) [line 3] SHUM - name
22) [line 12] D'ISCHAZEK BI'TREI SHEMEI - it is known [in the place where
the Get is to be given] that he has two names
23) [line 13] REBBI MARI - the name of an Amora (a sage of the Gemara) [who,
along with Rebbi Elazar, rules like Rav Ashi]
24) [line 25] PURSA - a few [people called her]
25) [line 25] AMREI NEHARDA'EI - the sages of Neharde'a (the Gemara
identifies "Amora'ei d'Neharde'a" as Rav Chama -- Sanhedrin 17b)
26) [line 27] EIN ALMANAH NIFRA'AS MI'NICHSHEI YESOMIM ELA BI'SHEVU'AH
A woman who wishes to collect the value of her Kesuvah from her husband's
estate (that has been inherited by his sons -- lit. orphans) needs to take
an oath attesting to the fact that she has not previously collected any of
her Kesuvah or taken any of her husband's money unjustly (Kesuvos 105a).
27) [line 31] 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 to Kesuvos
89a, to Gitin 32b DH Mosrani 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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