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Gitin 41
GITIN 41 - In memory of Meir ben Reb Yechezkel Shraga Brachfeld
(Antwerp/Yerushalayim), at the conclusion of the Shiv'a following his
untimely passing on 15 Adar 5761. A widely respected supporter of many Torah
causes, Reb Meir's premature loss is mourned by the entire Olam ha'Torah.
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1) [line 4] MAZIK SHI'ABUDO SHEL CHAVEIRO (APOTIKI)
(a) A person may designate one of his pieces of land or possessions as
security for a loan that he received or a debt that he owes without placing
it in the possession of the creditor. This creates a Shi'abud, or lien, on
the object, such that if the debt is not otherwise repaid, the creditor can
collect his debt from the security. Such a security is called an "Apotiki."
The debtor may specify (if the creditor agrees) that the creditor may *only*
collect his debt from the Apotiki. In such a case, if it becomes impossible
to collect the debt from the Apotiki, the debtor is no longer liable to the
creditor.
(b) When a person chooses an object as the 2nd type of Apotiki mentioned
above (see TOSFOS DH b'Mazik), if someone damages the Apotiki or otherwise
makes it impossible for the creditor to collect his debt from it (for
example, if the Apotiki is a slave and he frees him), the Tana'im or our
Mishnah argue as to whether he is liable for the damages or not. (Even those
Tana'im that exempt payment in a case of Dina d'Garmi (see Background to
Kesuvos 86:5) may rule that one may be liable for Mazik Shi'abudo Shel
Chaveiro, since the damage is even *more direct* than Dina d'Garmi -- TOSFOS
ibid.)
2) [line 14] HEZEK SHE'EINO NIKAR
(a) Hezek she'Eino Nikar is non-physical damage, such as the damage done by
causing an object to become Halachically prohibited or invalidated for a
particular use. The Tana'im argue whether a person may be held liable for
such damages.
(b) In the case of our Mishnah, the creditor (for whom the slave was made an
Apotiki), who has not yet acquired the slave, causes Hezek she'Eino Nikar
when he hands the slave a Get Shichrur. As a result of this action, the
owner of the slave (his debtor), will now be forced to free the slave
because of Tikun ha'Olam.
3) [line 19] SHATFAH NAHAR - a river flooded it
4) [line 19] AMI SHAPIR NA'EH - (lit. Ami the handsome) Ami Vardina'ah,
Amora of Eretz Yisrael
5) [line 23] SHEMA'ATA D'LO SHAPIRAN - a teaching that is not pleasing, i.e.
not correct
6) [line 24] PERA'ON - payment
7) [line 29] BA'AL CHOV - a creditor
8) [line 31] L'CHAZER - to go around [to Beis Din tracking down the exact
buyer from whom to extract the field]
9) [line 32] MI SHE'CHETZYO EVED VE'CHETZYO BEN CHORIN - a person who is
part slave (Eved Kena'ani), part freeman; e.g. a slave originally owned by
partners, one of whom freed his half
41b---------------------------------------41b
10) [line 3] "...LO SOHU VERA'AH, LASHEVES YETZARAH..." - "[For thus says
HaSh-m Who created the heavens; HaSh-m himself Who formed the earth and made
it; He has established it,] He did not create it in vain, He formed it to be
inhabited; [I am HaSh-m; and there is no one else.]" (Yeshayah 45:18)
11) [line 9] "...V'HAFDEH LO NIFDASAH O CHUFSHAH LO NITAN LAH..." - "[And
whoever has illicit relations with a woman, who is a slave betrothed to a
man,] and not wholly redeemed, nor freedom given her; [inquiry shall be
made; they shall not be put to death, because she was not free.]" (Vayikra
19:20) - The word Pediyah (from "v'Hafdeh Lo Nifdasah") refers to redemption
through Kesef (paying money) or Shaveh Kesef (items of value). Chufshah
refers to redemption through a Get Shichrur.
12) [line 15] HEKEISHA (HEKESH)
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael lists thirteen methods that Chazal use for extracting the
Halachah from the verses of the Torah. One of them is Hekesh, in which two
subjects that are mentioned in a verse are compared. If there are a few
possible Halachos that the Hekesh teaches, we learn them all ("Ein Hekesh
l'Mechtzah"). We do not say that it teaches us only one or two of the
Halachos (unless we have an explicit teaching that excludes a specific
Halachah).
(b) Normal questions that can invalidate a Kal va'Chomer (see Background to
Yevamos 68:10:c) or a Gezeirah Shavah (see next entry) will not invalidate a
Hekesh ("Ein Meshivin Al ha'Hekesh").
13) [line 15] GZ"S (GEZEIRAH SHAVAH)
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael lists thirteen methods that Chazal use for extracting the
Halachah from the verses of the Torah. One of them is Gezeirah Shavah, which
is a Halachic device by which two similar words in the Torah from different
subjects teach us that laws from one subject apply to the other.
(b) A sage is only permitted to use the method of Gezeirah Shavah if he
received a tradition from his teachers that a Gezeirah Shavah exists between
the two words. However, the comparison that he makes regarding *which* laws
are applied from one subject to the other may be his own, if he did not
learn it directly from his teachers.
(c) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free
of any Derashah, they may be used unconditionally for the inference of a
Gezeirah Shavah between the two topics.
(d) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a
Machlokes whether they may be used unconditionally for the inference of a
Gezeirah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a
Gezeirah Shavah if we have no logical argument against learning the Gezeirah
Shavah (Lemedin u'Meshivin).
(e) EINO MUFNEH KOL IKAR - If both words are used for another Derashah,
there is a Machlokes whether they can only be used for a Gezeirah Shavah if
we have no logical argument not to learn the Gezeirah Shavah, or if they
cannot be used at all for a Gezeirah Shavah.
14) [line 21] DIBRAH TORAH K'LASHON BENEI ADAM
Every word in the Torah is holy and contains worlds of insights and nuances.
However, certain sages of the Mishnah felt that there were some phrases
recorded in the Torah that paralleled people's speech, and should not be
used for homiletics or insights.
15) [line 30] KO'ACH D'HETEIRA ADIF LEI - The lenient ruling has [the
potential to teach] more
If a person rules stringently, we cannot know his true opinion on the
matter. He may either have decided that the stringent ruling is correct, or
else he may be in doubt, since a person who is in doubt must take a
stringent stance in any case. We therefore stand to learn more from the
Torah sage who rules leniently, since we learn from him his true view in the
matter at hand. He must be convinced that his lenient ruling is the true
Halachah or else he would not have passed a lenient ruling.
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