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Gitin 59
GITIN 59 & 60 - 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] U'MINAI DIDI MANU B'REISHA - and from me (my opinion) they
counted first
2) [line 6] D'CHULHU MINYANAIHU MIN HA'TZAD - for all countings began from
the side (i.e. from the younger judges)
3) [line 9] GEDULAH - greatness, wealth
4) [line 12] KULHU SHENEI - all of the years [of his greatness, he was also
the leading Torah sage]
5) [line 12] IRA HA'YA'IRI - one of the great Torah sages and advisors of
King David (TARGUM YONASAN to Shmuel II 20:26). He is Ira ben Ikesh
ha'Teko'i (Shmuel II 23:26), who was called ha'Ya'iri because (a) one of his
ancestors was named Ya'ir; or (b) Teko'a, his city, was known for its
abundant production of olive oil (Menachos 85b). Olive oil at the time was
the best source of lamplight, and the word "Ya'ir" means he/it will give
light (RADAK to Shmuel II 20:26).
6) [line 13] SHIM'I BEN GERA - The teacher of King Shlomo. He was confined
to Yerushalayim (Melachim I 2:36-38) as a result of his rebellion against
King David (Shmuel II 16:5-13).
7) [line 14] SHEVNA - a minister of Chizkiyahu ha'Melech who was a great
Talmid Chacham. He later became evil and led a rebellion against the king
during the war against Sancheriv, and Sancheriv killed him. (However,
according to Tosfos in Yoma 38b and elsewhere, there were two different
people by the name of Shevna.)
8) [line 17] D'MEICHAF HAVAH KAYIF LEI L'RAV ASHI - for he was subordinated
himself to Rav Ashi
9) [line 18] ROMEZ V'NIRMAZ - [a deaf-mute] may signal [to others to show
them his intentions] and others may signal [to show him their intentions,
and such form of communication is legally binding]
10) [line 18] KOFETZ V'NIKPATZ - he may mouth [his intentions] and others
may mouth [their intentions to him]
11) [line 19] HA'PE'UTOS - children who have reached a certain level of
acumen. The Gemara cites three opinions as to whether this refers to the
ages of six to seven, seven to eight, or eight to nine, and concludes that
these opinions do not argue; it all depends upon the child's acumen.
12) [line 23] MACHAVEI - he showed him with his hand
13) [line 24] K'VAR SHIS, K'VAR SHEV - approximately six to seven years old
14) [line 25] LEFI CHURFEI - according to his rate of development
(intelligence)
15) [line 26] MISHUM KEDEI CHAYAV - because of the basic necessities to stay
alive
16) [line 26] "VA'YOMER LA'ASHER AL HA'MELTACHAH HOTZE LEVUSH LOCHOL OVDEI
HA'BA'AL V'YOTZEI LAHEM HA'MALBUSH." - "He (Yehu) said to the person in
charge of the wardrobe (Meltachah), 'Bring out a garment for all of the
worshippers of the Ba'al,' and he brought out the clothing for them."
(Melachim II 10:22)
17) [line 27] HA'NIMLAL V'NIMTACH - that is rolled and stretched (i.e.
linen)
18) [line 28] BUNYAM BEN NUNYAM - the name of a wealthy Jew
19) [line 28] SINVI V'CHUMAS SALSELAH U'MALMELA - four types of clothing
made of fine, quality linen
20) [line 29] K'AMGUZA - like a nut
21) [line 30] K'PISTAKA - like a pistachio
22) [line 30] TA'USAN - their mistake (when a Katan pays too much or charges
too little)
23) [line 31] SHESUS - a sixth
24) [line 33] ZILU IMRU L'VAR MAR - go tell the son of the master (Mar the
son of Rav Ashi)
25) [line 35] MATNAS SHECHIV MERA
A Shechiv Mera is a person lying on his deathbed. Normally, in order to
transfer one's possessions to someone else, a proper Kinyan must be executed
(such as Hagbahah, or Chazakah), which will later be written in a Shtar. The
Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer
his property by simply requesting verbally that the transfer take place. If
he recovers, the Kinyan is not valid, because it is clear that he executed
the Kinyan only because he thought that he was going to die.
26) [last line] ME'ARVIN (EIRUVEI CHATZEIROS)
(a) THE TORAH LAW - According to Torah law, in a courtyard (Chatzer) that
has in it houses owned by different people, all of the neighbors may
transfer objects from their houses to the courtyard and into other houses on
Shabbos. Even though each house is a separately owned Reshus ha'Yachid and
the Chatzer is a jointly owned Reshus ha'Yachid, it is permissible to move
objects from one Reshus ha'Yachid to another.
(b) ERUV CHATZEIROS AND SHITUFEI MAVO'OS - King Shlomo decreed that
transferring objects from one Reshus ha'Yachid to another is forbidden
unless an *Eruv Chatzeiros* (lit. a mixing of the courtyard, Rambam Hil.
Eruvin 1:6; or fraternization of the courtyard, Eruvin 49a) is created on
Friday, before Shabbos begins (Shabbos 14b, Eruvin 21b). The equivalent of
an Eruv Chatzeiros for an alley or a city is called a *Shituf Mavo'os*. This
is accomplished by all of the neighbors collectively setting aside a loaf of
bread, in one common container, in one of the houses of the courtyard (or,
in the case of Shituf, in one of the courtyards of the alleyway). This shows
that all neighbors have an equal share in all of the Reshuyos ha'Yachid,
just as they all have a share in that bread. Through this act, they can be
considered one Reshus again. (RAMBAM ibid. 1:4-9)
59b---------------------------------------59b
27) [line 1] AMAH - the irrigation channel that brings water from the river
to the fields
28) [line 2] METZUDOS - traps
29) [line 6] HA'MENAKEF - who is picking
30) [line 7] EIN MEMACHIN - we do not protest
31) [line 7] LEKET
"Leket" refers to individual (one or two) stalks of grain that inadvertently
slipped out of the reaper's hand while he harvested them (by cutting them
underneath with a sickle) or while he uprooted them (if he is not using a
sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem).
Such stalks may not be retrieved by the owner but must be left for the poor,
as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket...le'Ani
vela'Ger Ta'azov Osam." - "Do not pick up the individual stalks that have
fallen from the harvest...you shall leave them (the gifts of Pe'ah, Leket,
Olelos and Peret) for the poor and the stranger." If three stalks fall
together, they are not considered Leket and may be retrieved by the owner.
32) [line 8] SHIKCHAH
If one or two bundles of grain were forgotten in the field when the other
bundles were collected, they must be left for the poor, as described in
Devarim (24:19). Also, one may not backtrack to harvest a row previously
overlooked.
33) [line 8] PE'AH
The corner, or end, of the harvest must be left in the field for the poor,
as it states "Lo Sechaleh Pe'as Sadecha Liktzor...le'Ani vela'Ger Ta'azov
Osam." - "Do not completely harvest the corner of your field...you shall
leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and
the stranger." (Vayikra 19:9-10)
34) [line 20] LIFTO'ACH RISHON - to be the first one to read from the Sefer
Torah
35) [line 21] L'VARECH RISHON - to recite the blessing first (ha'Motzi, and
Birkas ha'Mazon)
36) [line 27] HA'BOTZE'A - the one who breaks the bread (initiating the
meal)
37) [line 29] HA'RESHUS B'YADO - (lit. the permission is in his hand) he has
the right to do so
38) [line 31] D'ASU L'INTZUYEI - for they will come to fight
39) [line 34] RAV HUNA KARI B'CHOHANEI - Rav Huna read in the place of the
Kohen, i.e. first
40) [line 36] NAKTINAN - we have a tradition
41) [line 36] NISPARDAH CHAVILAH - the bundle becomes unraveled (i.e. the
order of precedence of Aliyos is not followed)
42) [line 42] MAMZERES
(a) There are prohibited marital relations that invalidate the ensuing
offspring and render them Mamazerim. The Tana'im argue as to the nature of
these prohibited relations. According to Rebbi Yehoshua, they must be
relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules
that all relations that are punishable by Kares, even if they are not
punishable by Misas Beis Din, produce a Mamzer (fem. Mamazeres). According
to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer
(Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva.
There are those who assert that he rules that only relations prohibited by a
Lav produce a Mamzer. Others hold that even those prohibited by an Aseh
produce a Mamzer (except for a Kohen Gadol who has relations with a
non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon
ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos
ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a
Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether
a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a
Jewess of unsullied lineage, because of the doubt, or whether he is
permitted mid'Oraisa to marry either of them, since he is not included in
the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a,
74a).
43) [line 42] NESINAH
(a) In the times of Yehoshua, the Giv'onim (a people of the Chivi, one of
the seven nations whom the Jewish People were commanded to destroy upon
entering Eretz Yisrael) came and presented themselves before Yehoshua as if
they came from a far-off land. Since they claimed not to be residents of
Eretz Yisrael, they requested to be converted and to make peace with the
Jewish People. After Yehoshua agreed to accept them, it was discovered that
they were one of the seven prohibited nations. Having already accepted them,
Yehoshua did not want to break his oath and covenant with them (even though
they tricked him and the oath was uttered in error) so as not to cause a
Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers
and water drawers to supply the needs for the sacrificial service on the
Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu, Giv'onim also
came to be converted as they did in the times of Yehoshua, and Moshe also
made them woodchoppers and water drawers (Yevamos 79a, based on Devarim
29:10). These people became known as "Nesinim," (from the root "Nasan," to
give) since they were "given over" by Moshe and Yehoshua ["va'Yitenem..." -
"And he appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping
wood and drawing water.
(b) A Nesin is prohibited to marry into the community of HaSh-m, that is,
Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and
elsewhere) argue as to whether they are prohibited mid'Oraisa or
mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu
"decreed" regarding the Nesinim of his generation, and Yehoshua extended the
"decree" to last as long as the Mishkan or Beis ha'Mikdash would stand.
David ha'Melech later extended the "decree" to include all time, even if the
Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the
Nesinim exhibited, which showed that they were not worthy of uniting with
the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these
decrees were prohibitions against marriage, and as such the prohibition
against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these
decrees were appointments of servitude. The prohibition against marrying
them, though, is mid'Oraisa, since the Torah commands against marrying the
seven prohibited nations even if they convert to Judaism (Yevamos 76a).
44) [line 42] PASLEI L'ZAR'EI
If a Levi marries a Mamzeres or Nesinah, the child born from that marriage
does not have the status of a Levi, but rather that of a Yisrael Pasul
(either a Mamzer or a Nasin).
45) [line 43] ACHLEI L'ZAR'EI (CHALAL)
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow
(Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to
Yevamos 59:8) or Chalalah. An ordinary Kohen is permitted to marry a widow,
but not any of the other women listed above. The child from one of the
above-mentioned unions is invalidated from the Kehunah, and is called a
"Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah
(see Background to Sotah 32:7), and made the children of a Kohen from a
Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute who has relations with a Kohen Gadol,
and a divorcee or prostitute who has relations with a regular Kohen, becomes
a "Chalalah." Female children born through such a union are also Chalalos.
Also, any Jewish woman who has relations with a Chalal becomes a Chalalah
(even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have
relations with) a Kohen, the Chalalah and the Kohen are punished with
Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has
living children from a Kohen normally eats Terumah, if she becomes a
Chalalah she may no longer eat Terumah. Similarly, although the daughter of
a Kohen normally eats Terumah until she becomes married to a non-Kohen, if
she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra
21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an
Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and
whether the child is a Chalal.
46) [last line] BENEI GELILA - the residents of the Galil
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