BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Gitin 44
GITIN 44 & 45 - 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!
|
1) [line 3] SIKRIKON - murderous idolaters who would take the land of Jews
instead of killing them. "Sikrikon" comes from the words, "Sa Karka" --
"take land [instead of taking my life]" (RASHI to Gitin 55a).
2) [line 4] ANSU BEIS HA'MELECH GORNO - the agents of the king pilfered his
stockpile of grain
3a) [line 4] CHAYAV L'ASER - the owner is obligated to tithe the produce
that was taken *from other produce* that he possesses (RASHI to Chulin 131a)
b) [line 4] CHAYAV L'ASER (MA'ASER)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and
it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
4) [line 5] ANPARUS - thievery (i.e. with no reason) by an individual or an
authority
5) [line 6] DE'KA MISHTARSHI LEI - since he profits from it by being
released of a monetary debt (i.e. because he profits from the crop, it is as
if he sold it)
6) [line 7] PARHANG - (a) a robber who makes false accusations of monetary
debt who claims property in exchange for the so-called debt (RASHI); (b) an
official in need of laborers who forcibly enlists slaves into his service;
however, he pays for the slave. After the project is completed, he returns
the slave and takes back his money (TOSFOS)
7) [line 15] CHUTZ LI'MELACHTO - [selling the person of a slave and] not the
work he produces (which remains in the possession of the slave's original
owner. As such, the slave is not prevented from performing Mitzvos or
keeping Shabbos and Yom Tov. An example of this is selling a slave to marry
a maidservant and have her bear children who are the property of the buyer)
8) [line 15] CHUTZ MIN HA'MITZVOS - [selling a slave for the work he
produces as long as he is] not prevented from performing Mitzvos
9) [line 16] GER TOSHAV - A Ben Noach who accepts upon himself to fulfill
the seven Noachide laws (This is the opinion of the Chachamim, Avodah Zarah
64b. Other Tana'im define Ger Toshav differently, ibid.)
10) [line 17] YISRAEL MUMAR - an apostate, a person who does not keep the
laws of the Torah
11) [line 17] KUSI (KUSIM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made
them settle in the Shomron. They converted to Judaism after they found
themselves under attack from lions. The Chachamim disagree as to whether
their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an
image of a dove and the Chachamim gave them the status of Nochrim.
(According to most Rishonim, this means that they decided to treat them like
Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM
(Peirush ha'Mishnayos), however, this means that they decided that their
conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all
Halachic matters.)
(c) Even though the Kusim kept many Mitzvos of the Torah down to their last
detail, there were other Mitzvos that they did not keep at all. For example,
the Kusim did not refrain from causing others to sin (which is prohibited by
the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling
block before the blind" -- Vayikra 19:14).
12) [line 21] EVED SHE'HIPIL ATZMOS L'GAYASOS - a slave who let himself be
captured
13) [line 24] PUK, AYEIN B'MECHILTACH - go out and check into your [lessons
in the] Mishnayos [and Beraisa'os]
14) [line 24] NAFAK, DAK V'ASHKACH - (lit. he went out, checked and found)
he checked into the sources and found the following Beraisa
15) [line 25] HA'MOCHER BEISO L'OVED KOCHAVIM (LO SECHANEM)
(a) It is forbidden to have mercy on idolaters, as the verse states,
"[...Hacharem Tacharim Osam, Lo Sichros Lahem Beris] v'Lo Sechanem." - "[And
when HaSh-m, your Elokim, shall deliver them (the intractable idolaters)
before you; you shall strike them, and completely destroy them; you shall
make no covenant with them,] nor show mercy to them." (Devarim 7:2). The
Torah warns the Jews to distance themselves from idolaters so that they do
not learn from their wicked ways. The Gemara (Avodah Zarah 20b) learns from
this verse many ways in which we must distance ourselves from idolaters.
(b) Among the prohibitions included in this verse is not to sell houses or
fields in Eretz Yisrael to idolaters. They may rent storehouses, as long as
an entire Shechunah (a neighborhood, consisting of at least three houses) is
not rented to idolaters. Renting them living quarters, however, is
prohibited, since they will introduce objects of idol worship into Jewish
houses, which is prohibited, as the verse states, "v'Lo Savi So'evah El
Beisecha" - "You shall not bring an abomination into your house" (Devarim
7:26).
(c) Even renting fields in Eretz Yisrael to idolaters is forbidden, for two
reasons. First, according to one opinion (and the RAMBAM rules as such --
see Hilchos Avodah Zarah 10:3), the produce that they grow will be exempt
from tithes. Selling or renting them fields, therefore, removes the inherent
Kedushah (sanctity) of the land. Second, ownership of a field gives them
"Chanayah" in Eretz Yisrael, that is, an occupation of the land (from the
word *Sechanem* -- this is one of the interpretations of the prohibitions of
this verse). Selling them houses or fields outside of Eretz Yisrael,
however, is permitted.
16) [line 29] V'CHOSEV U'MA'ALEH BA'ERKA'OS SHELAHEM - he writes a contract
and has it recorded in their offices of records
17) [line 33] MINI AMI BAR NASAN TORAH YOTZ'AH L'CHOL YISRAEL - from me, Ami
bar Nasan, this lesson will be taught to all of the people of Yisrael
18) [line 42] HA'MOCHER BEHEMAH GASAH L'OVED KOCHAVIM
(a) The Chachamim decreed not to sell a beast of burden to a Nochri. The
reason for this prohibition is that if one could sell his animal to a
Nochri, he may be tempted to lend or rent his animal to the Nochri, who
would then work with a Jew's animal on Shabbos. This is prohibited, as the
verse states, "Lo Sa'aseh Chol Melachah...u'Vehemtecha." - "Do not do any
work [on Shabbos]...[nor] your animals." (Shemos 20:10).
(b) Another reason given for this decree is that the Jew might start the
sale a few minutes before the start of Shabbos and call to the loaded animal
on Shabbos to show the Nochri how well it works. By doing so he would
transgress the prohibition of Mechamer on Shabbos (Avodah Zarah 15a).
19) [line 44] MAFKA LEI MI'MITZVOS - he takes away his possibility to keep
the Mitzvos
20) [line 51] LIKANSEI TEFEI CHAD - we should only fine him the value of one
additional animal [over the fine imposed upon a person who sells a slave to
a Nochri (which is ten times the value of the slave), i.e. he should pay
eleven times its worth instead of one hundred times its worth]
21) [line 51] MILSA DE'LO SHECHICHA LO GAZRU BEI RABANAN - the Chachamim did
not enact decrees for unusual situations
22) [line 53] TZARAM - one who cut and mutilated
23) [line 53] BECHOR
(a) The Kedushah of Bechor rests on every first-born male of an ox, goat or
sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban
during its first year. After its blood and Emurim (see Background to Yevamos
7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in
Yerushalayim during the following two days and the intervening night by
Kohanim, their wives, children and slaves.
(c) If the animal has a Mum, it must be slaughtered and eaten during its
first year. If it developed a Mum after the first year, it must be
slaughtered and eaten within thirty days. The Kohen can give it away or sell
it, even to a non-Kohen. However, it may not be sold in a meat market or
weighed in the usual manner. The Chachamim penalized a person who
intentionally mutilates a Bechor, that the animal may never be slaughtered
(Bechoros 34a).
(d) Whether or not it has a Mum, it is forbidden to work with a Bechor or to
shear it. Any fleece that is removed from a Bechor, even if it came off on
its own, is Asur b'Hana'ah. If, upon Shechitah, the animal is found to be a
Tereifah, it is Asur b'Hana'ah and must be buried.
(e) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor
until it develops a Mum. Alternatively, he can sell it, even if it has no
Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be
bought, however, in order to be sold for a profit (Sefer ha'Chinuch #393,
#445).
44b---------------------------------------44b
24) [line 1] KIVEN MELACHTO BA'MO'ED
(a) It is prohibited to perform Melachos (creative acts) on Chol ha'Mo'ed,
except in certain circumstances when the Chachamim were lenient. One of
these circumstances is termed a Davar ha'Aved, when doing the Melachah will
prevent a loss.
(b) The completion of certain projects cannot be delayed for a week without
incurring a loss. When such a project involves a Melachah, it is forbidden
to begin the project immediately before Yom Tov, such that it will become
necessary to finish it on Chol ha'Mo'ed in order to prevent a loss. One who
does so has been "Mechaven Melachto Ba'Mo'ed," intentionally arranging for
his Melachah to be done on Chol ha'Mo'ed, and it is prohibited for him to
finish his project on Chol ha'Mo'ed.
(c) The Gemara discusses whether the son of a person who was Mechaven
Melacho ba'Mo'ed is likewise prohibited from performing the Melachah on Chol
ha'Mo'ed or whether only the father was penalized, but not the son.
25) [line 5] SHE'NISKAVTZAH - that was cleared of scattered detached thorns
26) [line 5] SHEVI'IS
(a) The Torah requires that farmers desist from working the land every
seventh year, as described in Vayikra 25:1-7. The fruits that grow during
the seventh (Shevi'is) year are holy to the extent that 1. they must be
considered ownerless; anyone may come into any field and pick the fruit that
he intends to eat. 2. The fruits may not be bought and sold in a normal
fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits
of Shevi'is be used only for eating or drinking (in the normal manner of
eating for that type of fruit) or for burning to provide light (in the case
of oil). They may not be wasted or used for medicinal purposes or animal
fodder, etc.
(b) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m
for their sustenance, a fact that is not always clear to them during the six
years in which they work their own fields.
27) [line 6] NITAIVAH - (a) [a field that] was fertilized by scattering
gathered manure (RASHI); (b) [a field that] was plowed a second time
(TOSFOS, RABBEINU CHANANEL, based on the YERUSHALMI)
28) [line 6] NIDAIRAH - [a field that] was fertilized by leaving cattle in
the field for an extended period of time
29) [line 8] NAKTINAN - we have a tradition
30) [line 10] TIMEI TAHAROS SHEL CHAVEIRO - one who renders Tamei (ritually
impure) his friend's food or other items that were Tehorim (ritually pure)
31) [line 11] HEZEK SHE'EINO NIKAR
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.
32) [line 14] HA'MOCHER AVDO L'CHUTZAH LA'ARETZ - a person who sells his
slave to a Jew in Chutz la'Aretz
33a) [line 18] PELONI ANTOCHI - So-and-so, the one who was born in Antochiya
(and does not necessarily live there now)
b) [line 19] ANTOCHIYA - Antioch, the ancient capital of Syria, situated
on the Orontes River
34a) [line 20] ANOTCHI HA'SHARUY B'LOD - the one who was born in Antochiya,
who now resides in Lod
b) [line 20] LOD - the town of Lod in central Eretz Yisrael, located in
the present day city by that name, southeast of Tel Aviv. During the time of
the Gemara it was located on the road that led from Yerushalayim to
Ceasaria, and it had a mixed population.
35a) [line 21] BEISA - a [permanent] residence
b) [line 22] USHPIZA - a [temporary] lodging or inn
36) [line 23] HICHNISAH LO AVADIM U'SHEFACHOS (NICHSEI TZON BARZEL)
A woman brings into her marriage two types of possessions, as follows:
1. Possessions that the wife owned before marriage, the values of which were
estimated and written in the Kesuvah, to be returned to her in full upon
divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron
Flock Properties") because their value does not change between the time of
marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified
in the Kesuvah. Upon divorce or the husband's death, the property is
returned as is, regardless of its appreciation or depreciation (or
deterioration) over the years. These are referred to as Nichsei Milug
("Properties that are Plucked"), because for the duration of the marriage
the husband may take ("pluck") the produce (Peiros) of these possessions
(e.g. reaping the fruit of a field, or plowing with an ox). However, he may
not "use up" the property itself (e.g. by digging trenches in the field or
slaughtering the ox).
37) [line 25] HA'DIN IMAH / HA'DIN IMO
If a woman gets divorced and claims the return of Nichsei Tzon Barzel items
(see previous entry) that she brought into the marriage, but her husband
wants to pay her their estimated value, the Amora'im argue (Yevamos 66b) as
to whose claim is honored. Rav Yehudah rules that *ha'Din Imah* - we honor
her claim, since these items are termed "Shevach Beis Aviha," - "the honor
of her father's house," making them similar to family heirlooms, which have
special sentimental value. Rebbi Ami rules that *ha'Din Imo* - we honor his
claim, since he is responsible to make up for any loss or depreciation in
these items.
38) [line 32] SURYA - Syria; areas from modern-day Syria that were conquered
by David ha'Melech
39) [line 35] V'EIN HA'KOL MOTZI'IN
The Mishnah (Kesuvos 110b) states that "ha'Kol Ma'alin" - All of one's
household (even an Eved Ivri) can be forced by the head of the household to
move up to Eretz Yisrael. However, "Ein ha'Kol Motzi'in" - no one can be
forced to leave.
40) [line 38] YOVEL
(a) The year after 7 Shemitah cycles of 7 years each is called the Yovel
year. There is an argument among the Tana'im as to whether the 50th year is
not counted as one of the years of Shemitah, or whether it is part of the
count and is itself *both* the Yovel and the 1st year of the next Shemitah
cycle.
(b) The Halachos of the Shemitah year apply in the Yovel year with regard to
not working the land and maintaining the sanctity of the fruits that grow
(see above, entry #26). In addition, at the start of the Yovel year, all
Jewish slaves (Eved Ivri, see Background to Gitin 43:13) are set free and
all properties that were sold since the previous Yovel year are returned to
their original owners. If a person sells a field in the Yovel year itself,
Rav maintains that the sale takes effect, but the field returns to the
seller. Shmuel rules that the sale does not take effect (see Erchin 29b).
(c) On Yom ha'Kipurim of the Yovel Year, Beis Din blows a Shofar to denote
that the time has come to set free all of the slaves, as the Torah states in
Vayikra 25:9. There is an argument among the Tana'im as to what is
considered the beginning of the Yovel year. According to the Chachamim,
Yovel starts with the Shofar blast of Yom ha'Kipurim. According to Rebbi
Yochanan ben Berokah, it begins at Rosh ha'Shanah, and the Shofar blast only
denotes the completion of the process of freeing the slaves (Rosh Hashanah
8b).
41) [line 39] HADRA ZEVINEI - the sale is rescinded (and the buyer receives
his money back)
Next daf
|