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Gitin 35
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 1] MISHUM CHINA - [we would have thought that the widow could
collect the value of her Kesuvah without a Shevu'ah] (a) in order for men to
find grace [in the eyes of women so that the women will agree to marry them]
(RASHI); (b) so that woman would agree to serve their husbands with all
their hearts in order to find favor in the eyes of their husbands (ARUCH)
2) [line 1] SHNEI BATZORES - years of famine
3) [line 14] ISHTARSHI LAH MEKOM DINAR - she profited from the space in the
loaf that was taken up by the Dinar [since she used that much less dough --
RASHI]
4) [line 16] MAI IRYA ALMANAH - why is this Mishnah talking [only] about an
Almanah?
5) [line 16] ALAMAH - [if so,] why
6) [line 20] ASYA L'OROYEI HEITERA - she may come to rule permissibly [for
herself, considering the partial payment of her Kesuvah that she received
during the husband's lifetime as remuneration for her efforts in raising her
husband's children, and she will swear that she received no payment of her
Kesuvah]
7) [line 29] V'LI'ADRAH V'LIGAVYEI? - Why did he (Rav) not have the Yesomim
request the Almanah to take a vow (e.g. to prohibit all foods to herself had
she received any part of the value of her Kesuvah already), and as such she
would have been able to collect the value of her Kesuvah?
8) [line 33] NAKITNA MIDI MI'KESUVASI - I am holding on to (i.e. I have
already received) part of the value of my Kesuvah
9) [line 36] KOFETZES - a woman who "jumps" and blurts out the Shevu'ah on
her own [without being told to do so]
10) [line 40] MEZONEI - an allowance for sustenance from the husband's
estate (TENAI KESUVAH)
(a) There are number of stipulations of marriage which are imposed by Beis
Din and some of which are written explicitly in the Kesuvah (the Jewish
marriage contract). These are in addition to the basic obligations a man has
to his wife according to the Torah. Those stipulations which obligate the
husband to his wife are:
1. A husband must redeem his wife if she is a taken captive. If he is not a
Kohen, he must take her back into his house; if he is a Kohen he must redeem
her and divorce her so that she can remarry. He may not (divorce her and)
give her the money of the Kesuvah so that she should redeem herself.
2. As long as they are married, he must provide his wife with all the
medical care that she needs.
3. If she dies before her husband, her sons inherit the full value of her
Kesuvah when he dies (and not the sons of his other wives), aside from the
remainder of the estate (which is split equally between all of the
brothers). This is called "Kesuvas Benin Dichrin."
4. After he dies, his daughters must be allowed to live in the house in
which he lived, and must be provided for by his household, until they become
married.
5. If he dies before his wife, his wife must be allowed to live in the house
in which he lived and must be provided for by his household (with Mezonos -
sustenence) until she remarries. (This stipulation was only made in
Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves
the right to give her the value of her Kesuvah and have her find herself a
new home.) (Mishnayos Kesuvos 4:7-12)
(b) A husband is obligated to keep these conditions even if he omitted them
from the Kesuvah, or did not give his wife a Kesuvah.
11) [line 42] APCHUHA L'CHURSEI! - Turn over his chair! (a curse)
12) [line 43] HAFCHUHA L'CHUSEI V'SARTZUHA - they (the students of Rabah bar
Rav Huna) turned over his chair and they set it right side up [in an attempt
to have her curse apply literally to his chair]
13) [line 44] LO IFRAK ME'CHULSHA - he was not spared from sickness
14) [line 45] V'LEISI KALA V'LIPOL B'UDNI - (lit. and let the news come and
fall into my ear) and let me hear that the woman received the value of her
Kesuvah
15) [last line] GELUFKERA - (a) (O.F. cot) a dress (RASHI); (b) a thick
woolen cloak (ARUCH)
16) [last line] MIMSHALOS - the Book of Proverbs
17) [last line] BELU'IM - [that were] worn
35b---------------------------------------35b
18) [line 1] V'SHAMNUM B'CHAMISHAH MANAH - and we estimated their value at
five Manah (1 Manah = 100 Zuz = the value of 480 grams of silver)
19) [line 2] GET YEVAMIN
(a) For a description of the Mitzvah of Yibum, see Background to Gitin
24:14.
(b) Just as Chazal enacted Kidushei Ma'amar for a Yevamah (similar to
Kidushin = betrothal for all women), so, too, they enacted a Get Yevamim.
(c) If one of the surviving brothers performed Kidushei Ma'amar with the
Yevamah and then he decides to release her from the Zikas Yevamim through
Chalitzah, he must give her a Get Yevamim besides the Chalitzah.
(d) If the Yavam gives a Get to the Yevamah without first having performed
Ma'amar, it becomes prohibited for him mid'Rabanan to perform Yibum with
her, and he must perform Chalitzah.
20) [line 6] D'MEIFER LAH BA'AL (HAFARAS NEDARIM - Annulling vows)
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. For a further discussion of this topic, see Background to
Nazir 62:10.
21) [line 8] EIN HA'BA'AL MEIFER B'KODMIN - the husband may not be Mefer
vows his wife made prior to their marriage
(a) 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. (See Background to Nedarim
66:33.)
(b) Vows that a Na'arah made before her Kidushin (betrothal), or that a wife
made before her Nisu'in (wedding) are referred to as "Kodmin." If a Na'arah
made vows before her Kidushin (but her father was not Mefer or Mekayem
them), after her Kidushin her Arus is able to annul these vows in
conjunction with the father on the day that they hear the vows. However, if
a wife made vows before her Nisu'in (and her father and Arus were not Mefer
them or Mekayem them), after her Nisu'in her husband is *not* able to annul
the vows on the day that he hears them. The Gemara (Nedarim 67b) learns this
from the words, "v'Im Beis Ishah Nadarah..." - "If she made vows *after* her
marriage..." (ibid. 30:11).
22) [line 9] V'SHARI LAH - and the Chacham will annul her vow (HATARAS
NEDARIM)
(a) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim)
or Nezirus, and he regrets having made the Neder, he may have it revoked by
a Beis Din of three (if they are not outstanding authorities) or a Yachid
Mumcheh (an outstanding authority). The general method used is that Beis Din
investigates whether the person would not have made the Neder in the first
place had he been aware of a particular fact. This investigation provides
the person with a "Pesach" (opening) with which the Beis Din can revoke the
Neder.
(b) There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The
RAN rules that he must be an outstanding Torah authority well versed in the
laws of Nedarim. Others rule that in addition to the previous, the scholar
must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).
23) [line 9] TZARICH L'FARET ES HA'NEDER - he needs to articulate all of the
details of the vow
24) [line 11] D'MADRINAN LAH B'RABIM - they force her to take a vow in the
presence of ten Jewish men
25) [line 20] ZIMNIN D'GAYIZ LEI L'DIBUREI - sometimes the person making the
Neder "cuts off" details from his Neder when relating it to the Chacham, and
the Chacham annuls only part of it
26) [line 22] MISHUM MILSA D'ISURA - lest the Neder was made to add an extra
prohibition to a prohibited item, and the person would like to perform the
prohibition without violating his Neder
27) [line 22] HA'NOSEI NASHIM B'AVEIRAH PASUL AD SHE'YIDOR HANA'AH - A Kohen
who marries women who are forbidden to him is disqualified from doing the
Avodah in the Beis ha'Mikdash until he takes a vow that he will not derive
any benefit from them
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