BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Gitin 43
GITIN 43 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love
for Torah and those who study it.
|
1) [line 1] DILMA MODEH U'MIFTAR (MODEH B'KENAS PATUR)
Any payment that involves over-compensation for a monetary loss is
considered a "Kenas" (penalty) rather than "Mamon" (compensation). In every
case of Kenas, the liable party does not have to pay the Kenas if he admits
to his guilt of his own accord. Only if witnesses testify to his guilt in
court must he pay. If he admits to his guilt of his own accord, and later
witnesses testify to his guilt in court, the Amora'im argue as to whether or
not he must pay the Kenas (Bava Kama 74b-75a -- he is exempted from payment,
according to the lenient opinion, only if his admission took place under
specific circumstances). Until one is obligated to pay a Kenas in court, he
is fully exempt from payment and does not even have a moral obligation to
pay it on his own accord (RASHBA to Bava Kama 74b, see also RAMBAN in
Milchamos HaSh-m at the end of the third Perek of Kesuvos).
2) [line 5] "V'YLID BAYIS" - "But if the Kohen buys any soul with his money,
he shall eat of it (Terumah), and he who is born in his house; they shall
eat of his bread." (Vayikra 22:)
3) [line 6] KINYAN KESEF - a slave that the Kohen buys with money
4) [line 19] EVED TEREIFAH - a slave who will definitely die, who therefore
has no value
5) [line 19] V'HA CHAZI L'MEIKAM KAMEI? - but is he (an Eved Tereifah) not
fit to serve (lit. to stand before) him (a master)?
6a) [line 20] MENUVAL - ugly, unsightly
b) [line 20] MUKEH SHECHIN - Menuga (BARTENURA), a leper
7) [line 28] KOFER
(a) SHOR HA'MU'AD - An ox that gores two times is referred to as a Tam. The
owner only pays half the value of the damages that his ox causes through
goring. If the ox gored three times and the owner was informed and warned to
guard his ox each time, the ox is termed a Mu'ad and from then on the owner
has to pay the full value of the damages that his ox causes through goring.
(b) CHIYUV KOFER - If a person's Shor ha'Mu'ad kills another person, the
owner of the ox is Chayav Misah b'Yedei Shamayim. He can *redeem* himself by
paying Kofer to the children or heirs of the dead man, as the verse states,
"v'Im Kofer Yushas Alav, v'Nasan Pidyon Nafsho." (Shemos 21:30). The amount
paid as Kofer is defined as either the owner's value, or the dead man's
value, according to the various opinions of the Tana'im (Makos 2b). If the
ox kills a slave, the Kofer is 30 Sela'im and it is paid to the slave's
owner.
(c) CHATZI KOFER - Although the owner of a Shor Tam pays half of the damages
that it causes, the Tana'im argue as to whether he must pay half of the
Kofer if his ox kills a person. Rebbi Eliezer learns that he does not from
the verse, "u'Ba'al ha'Shor Naki." (Bava Kama 41b). Rabbi Yosi ha'Gelili
argues, ruling that there is a liability for Chatzi Kofer (Kesuvos 41b).
8) [line 28] YORSHIN MENA LEI? - From where will he have heirs? (If he had
children while he was a Nochri, they do not inherit him. If he had children
after he became a slave but before he became a Chatzi Eved, Chatzi Ben
Chorin, the children belong to the masters.)
9a) [line 36] HADAR UKIM RAVAH BAR RAV HUNA AMORA ALEI - Ravah bar Rav Huna
immediately appointed a Meturgeman (see next entry) to teach in his name
b) [line 36] AMORA - a Meturgeman, (a) the person who repeats in a loud
voice the words of the Rav, who lectures in a low voice (RASHI to Berachos
56a); (b) the person who *translates into Aramaic* the words of the Rav, who
delivers the Shi'ur in a low voice *in Hebrew* (RASHI to Yoma 20b)
10) [line 37] "...VEHA'MACHSHELAH HA'ZOS TACHAS YADECHA." - "...and let this
ruin be under your hand." (Yeshayah 3:6) - A person who errs when ruling in
Torah matters and is humiliated, learns to take responsibility for his
actions and grows in his Torah learning.
11) [line 41] V'IM LACHSHECHA ADAM LOMAR - and if a person whispers to you,
saying
12) [line 42] SHIFCHAH CHARUFAH
(a) According to Rebbi Akiva (Kerisus 11a), Shifchah Charufah is a woman who
is half Shifchah (maidservant) and half free (e.g. she was owned by two
partners and freed by one of them) who is Mekudeshes (betrothed) to a Jewish
slave. Since she is half Shifchah her Kidushin is not complete, and if a man
has relations with her they do not incur the death penalty. Rather, the man
brings a Korban "Asham Shifchah Charufah," whether he sinned b'Mezid or
b'Shogeg, and the Shifchah is punished with Malkos (Vayikra 19:20-22).
(b) Other Tana'im (ibid.) define Shifchah Charufah as a full-fledged
Shifchah who is married to either a Jewish slave (Rebbi Yishmael, see RASHI
to Yevamos 55b) or a gentile slave (Acherim).
13) [line 43] EVED IVRI - A Jewish slave
(a) There are two ways that a Jew can be bought as a slave. Either he may
sell himself because he is destitute, or he may be sold by Beis Din to pay
back a theft. In either case he is obligated to work for his master for only
six years (Shemos 21:2) or until the Yovel year, whichever comes first
(Kidushin 14b, 16a). During his term as a slave, his master must support his
family (Kidushin 22b).
(b) If the slave was married before he was sold, the master has the right to
give him a Nochri maidservant to bear children who are the slaves of the
master (Shemos 21:4).
(c) If at the termination of six years he expresses his desire to continue
life as a slave, the master makes the slave stand near a doorpost and
pierces his right ear and the door with an awl. The slave then must continue
to serve his master until the Yovel year (ibid. 21:6). This Halachah only
applies to male slaves who were sold by Beis Din and had families already at
the time they were sold, and not to slaves who sell themselves (RAMBAM
Hilchos Avadim 3:6).
14) [line 43] KALECH ETZEL REBBI YISHMAEL - (a) turn away [from the opinion
of Rebbi Akiva] and go to [the opinion of] Rebbi Yishmael (Kalech is a
contraction of "Kaleh" - "stop," and "Lech" - "go to" -- RASHI to Chagigah
14a DH Kalech); (b) According to the reading KELACH - go, you, to [the
opinion of] Rebbi Yishmael (Kelach is contraction of "Lecha" - "go," and
"Lach" - "you" -- RASHI to Shabbos 145b DH Kelach)
15) [line 44] SHIFCHAH KENA'ANIS
A Kena'ani slave or maidservant is forbidden to marry into the Jewish people
until he or she is freed. The verse states, "Lo Siheyeh Kedeshah mi'Benos
Yisrael," which the Targum translates as, "An Israelite woman may not be
married to a slave" (Devarim 23:18; see RAMBAM Hilchos Isurei Bi'ah 12:13).
16) [line 45] MEYUCHEDES - intended for
43b---------------------------------------43b
17) [line 1] ESHES SHNEI MESIM - (lit. the wife of two dead men) An example
of this Halachah is a case where three brothers are married to three
unrelated women and one of the brothers died. One of the surviving brothers
performs Ma'amar (see Background to Nedarim 74:4) on the wife of the
deceased and dies before he performs Yibum (see Background to Nedarim
ibid.). The third brother is only permitted to perform Chalitzah (see
Background to Gitin 24:14) with the wife of the deceased since the verse
states, "u'Mes *Echad* Mehem" - "and *one* of them dies" (Devarim 25:5).
Yibum can only be performed upon a woman who has a connection to one dead
man, and not two. (Chalitzah, however, must be performed to neutralize the
Zikah (see Background to Gitin ibid.) and permit her to marry whomever she
wishes.)
18a) [line 7] PAK'U KIDUSHEI RISHON - [the release of the slave half of the
Chatzya Shifchah, Chatzyah Bas Chorin] eradicates the Kidushin of the first
man (Reuven)
b) [line 8] GAMRU KIDUSHEI RISHON - [the release of the slave half of the
Chatzya Shifchah, Chatzyah Bas Chorin] completes the Kidushin of the first
man (Reuven)
19) [line 10] "...LO YUMSU KI LO CHUPASHAH." - "[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)
20) [line 19] AL SHNEIHEM - to both of them (Adam ha'Rishon and Chavah)
21) [line 22] MINHAG HEFKER NAHAGU BAH - various vile men had their way with
her after she abandoned herself to them, since could marry neither freemen
nor slaves
22) [line 27] ONO - a document [that states that if the slave will escape
from his new master, his previous master will not take him back as his
slave]
23) [line 29] LAVAH ALAV - he borrowed money [from a Nochri with the
stipulation that if he does not pay him back, the Nochri can collect his
loan by taking possession] of him (the slave)
24) [line 31] NIMUSO - the Amora'im argue with regard to the explanation of
this word, as the Gemara states below
25) [line 32] NASHKEI - a slave's badge or pendant, also known as a Chosam
(Shabbos 58a)
26) [line 33] HA'ARISIN - hired field laborers who receive a percentage
(1/2, 1/3 or 1/4) of the produce of the field
27) [line 33] HA'CHAKIROS - hired field laborers that receive a fixed amount
(bushels) of the produce *of the field*; if there is no produce then the
laborer receives nothing
28) [line 33] ARISEI BATEI AVOS - Arisim whose ancestors have worked for the
family of the same landowner for generations
29) [line 34] SHE'MISHKEN SADEHU - [a Nochri] who collateralized his field
30) [line 37] ZEMAN - [a fixed] time [by which the debtor must repay the
loan, and if not, the creditor may take possession of the security]
Next daf
|