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Gitin 64
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GITIN 64 & 65 - 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 2] PIKADON - a deposit for watching over
2) [line 3] SHALISH - trustee
3) [line 6] L'DIDAH HAVAH YAHIV LAH NIHALAH - he would have given it
directly to her
4) [line 7] HEIMNEI - the husband trusted him
5) [line 8] HODA'AS BA'AL DIN K'ME'AH EDIM DAMI - the admission of a
concerned party is equivalent to one hundred witnesses [testifying]
6) [line 10] ISYEHIV L'MECHILAH - it can be waived, cancelled
7) [line 11] GITEI MAMON - documents dealing with monetary matters (as
opposed to documents of Gitin and Shichrurei Avadim)
8) [line 12] MIDI GABEI HADADI TANYA? - Were they taught together (in the
same Beraisa)?
9) [line 18] EDEI MESIRAH KARSEI
The witnesses who watch the Shtar being given are the main part of the
Shtar, i.e. the ones who make the Shtar take effect. (This is in contrast to
the opinion {OF REBBI MEIR} that holds that Edei *Chasimah* Karsei, meaning
that the witnesses who sign the Shtar are the main part of the Shtar and are
the ones who make the Shtar take effect.)
10) [line 19] SHE'AS HA'GEZEIRAH - the time of decree [of the government
against Jewish observance, when the performance of Mitzvos was a crime
punishable with capital punishment]
11) [line 28] EIN DAVAR SHEB'ERVAH PACHOS MI'SHENAYIM
Testimony concerning matters of "Ervah" (such as marriage and divorce)
cannot be rendered with less than two witnesses.
12) [line 33] CHAZAKAH SHALI'ACH OSEH SHELICHUSO - there is a Chazakah (an
assumption that is legally reliable) that a Shali'ach carries out the
mission for which he was appointed
64b---------------------------------------64b
13) [line 4] CHAZAKAH EIN ISHAH ME'IZAH PANEHA BIFNEI BA'ALAH - there is a
Chazakah (an assumption that is legally reliable) that a woman does not act
brazenly before her husband
14) [line 5] HEICHA D'LEIKA D'KA MESAYEI'A LAH - [this applies only] where
there is no one assisting her [claim]
15) [line 6] NA'ARAH HA'ME'URASAH - a betrothed Na'arah (with whom a man has
performed Erusin, but not Nesu'in)
A girl is a Ketanah (minor) until she has two pubic hairs after she enters
her twelfth year. During the following six months she is a Na'arah
(maidenhood). When six months elapse she becomes a Bogeres (adult).
16) [line 11] YADA YESEIRTA ZACHI LAH RACHMANA - the Torah gave her an
additional hand (with which to receive the Get)
17) [line 13] YAD DILAH LAV KELUM HI - her hand is nothing, i.e. she does
not have the ability to make an acquisition
18) [line 24] TZEROR V'ZORKO EGOZ V'NOTLO - [if you give the Katan] a rock
and he throws it, [but you give him] a nut and he keeps it (which shows that
he can differentiate between items of value and items of no value)
19) [line 25] CHEFETZ U'MACHZIRO L'ACHAR SHA'AH - [if you lent the Katan] an
item and he returns it after a while (which shows a high degree of
responsibility and acumen)
20) [line 29] RAV CHINENA VARDA'AN - Rav Chinena of Varda'an
21) [line 30] MISHTATFIN B'MAVOY (SHITUF MAVO'OS)
(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)
22) [line 32] MEZAKEH LAHEN - he transfers possession of it to them
23) [line 36] KOL D'SAKUN RABANAN K'EIN D'ORAISA TAKUN - every enactment
that the Rabanan enacted, they enacted it in the manner of a d'Oraisa law.
When the Rabanan enacted a Takanah, they made it parallel a similar law in
the Torah.
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