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Gitin 77
GITIN 77-79 - Dedicated by an admirer of the work of the Dafyomi Advancement
Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer,
A"H.
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1) [line 16] L'ACHAR SHAVU'A; SHANAH - [If a husband says, "This is your Get
if I do not return] *after* the current seven-year Shemitah cycle," [we wait
for] *one year* [after the cycle is over for him to come back]
2) [line 18] SHABBOS - a week
3) [line 23] KALSUHA - they (the Chachamim) praised it (the ruling)
4) [line 24] ALMA LEIS HILCHESA KAVASEI - therefore, the Halachah does not
follow his opinion [because the Chachamim only praised him when he related
it in the name of a single sage (i.e. Rebbi), and the Halachah generally
follows the opinion of the majority]
*****PEREK #8 HA'ZOREK*****
5) [line 28] CHATZERAH (KINYAN CHATZER)
(a) When a person acquires an object, he must make a Ma'aseh Kinyan (a
formal Halachically-binding act denoting the change in ownership). Some of
the forms of Ma'aseh Kinyan that may be used for Metaltelin (mobile items)
are: 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e.
causing an item to move; 3. Chatzer, i.e. bringing the item into one's
domain; 4. Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an
animal or the tie-lines of a boat.
(b) The Kinyan of Chatzer is learned from the Kinyan of "her hand" (in
Devarim 24:1) (Gitin 21a, 77b).
6) [line 30] CHEIKAH - her lap
7) [line 30] KALASAH - a woman's basket that holds spindles and linen and
that can be worn on the head
8a) [line 32] GAGAH - her roof
b) [line 32] CHATZEIRAH - her courtyard
c) [line 33] KARPIFAH (KARPAF)
Karpifos are enclosed areas that are located outside of a settlement, used
for storage and other such purposes. Since it is fully enclosed, a Karpaf is
a Reshus ha'Yachid even though it was not enclosed for residential purposes.
9) [line 34] "...YADO..." - "[If the theft be at all found in] his hand
[alive, whether it be an ox, or a donkey, or a sheep; he shall restore
double.]" (Shemos 22:3) (See next entry for a discussion of Kefel, the
double restitution of a thief)
10) [line 38] KANSEI RACHMANA (TASHLUMEI CHEFEL - a thief's double
restitution)
(a) If a thief surreptitiously steals an object from a fellow Jew, and is
found guilty of the theft in court based on the testimony of valid
witnesses, he must return the object (if it is still in its original state)
or its value (if it is not) to its owner (Vayikra 5:23). In addition, the
thief is obligated to pay the victim of the theft the value of the stolen
object a second time. Restitution of the value of the stolen object is
called "Keren," and the additional payment is known as "Kefel."
(b) Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a
robber ("Gazlan"), who brazenly burglarizes and takes the possessions of
others by force. Chazal explain that the Torah punishes a thief more
stringently than a robber because of the disrespect he shows for the Creator
by taking care to avoid the eyes of man, while not being bothered in the
least by the eye of the One Above that is constantly watching (Bava Kama
79b).
(c) A thief does not pay Kefel unless he makes a "Kinyan," an act of
acquisition, on the object that he steals (e.g. by lifting it up, bringing
it into his own property, drawing it towards himself in a semi-secluded
area, etc.). If he simply broke or ruined another person's object without
making a Kinyan on it first, he is not considered to be a "Ganav" but a
"Mazik" ("one who causes damage"), and he does not pay Kefel.
(d) A thief does not pay Kefel if he steals Shtaros (bills of ownership or
promissory notes). Most Tana'im hold that a thief does not pay Kefel if he
steals land or slaves (Bava Kama 117b).
(e) Kefel, like any other payment that involves over-compensation for a
monetary loss, is considered a "Kenas" (penalty) rather than "Mamon"
(compensation). As is true of every Kenas, a thief does not have to pay
Kefel if he admits to his theft of his own accord. Only if witnesses testify
to his guilt in court must he pay. If he admits to the theft 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 Kefel (Bava Kama 74b-75a -- he is
exempted from payment, according to the lenient opinion, only if his
admission took place under specific circumstances). Until he is obligated to
pay the Kefel in court, the thief is fully exempt from paying Kefel, and
does not even have a moral obligation to pay it on his own accord (RASHBA
Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of
Kesuvos).
11) [line 39] MAH SHE'KANSAH ISHAH, KANAH BA'ALAH - [Halachically,] anything
that a wife acquires becomes the acquisition of her husband
12) [line 40] DIN U'DEVARIM EIN LI B'NICHSAYICH - I have no claim in court
on your properties [and not even the right to complain -- TOSFOS YOM TOV,
Kesuvos 9:1 DH Din]
13a) [line 46] NACHALAH HA'BA'AH L'ADAM MI'MAKOM ACHER - an inheritance that
comes to a person because of his actions, as opposed to an inheritance from
his ancestors. For example, the inheritance that a person receives from his
wife's estate is a result of his marriage.
b) [line 47] ADAM MASNEH ALEHA SHE'LO YIRASHENAH - the person may create a
stipulation such that he will not inherit it
77b---------------------------------------77b
14) [line 4] EINI NIZONES V'EINI OSAH - "I will not take my allowance and I
will not hand over my earned income" (MEZONOS)
(a) As long as they are married, a husband must provide his wife with
Mezonos (sustenance). According to some Tana'im, this obligation is
mid'Oraisa and is learned from the verse "She'erah...Lo Yigra" (Shemos
21:10). Other Tana'im maintain that the obligation to provide one's wife
with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah
(stipulations of the Jewish marriage contract) which are imposed by Beis Din
upon every Jewish man and wife (Kesuvos 47b).
(b) According to those who maintain that Mezonos is a Rabbinic institution,
the Rabanan established a pair of reciprocal institutions throughout the
duration of a marriage: The husband must supply his wife with Mezonos, and
the wife must give her husband any profits she receives from her handiwork.
The Amora'im differ over what the main point of these institutions was. Was
the main point of the Rabanan to benefit the husband, by giving him his
wife's handiwork, and the Rabanan instituted that he must provide his wife
with sustenance as compensation? Or is the opposite true: the main point of
the Rabanan was to benefit the wife, by having the husband provide her with
sustenance, and the Rabanan gave the husband his wife's handiwork as
compensation (ibid. 58b).
(c) According to Rav, the latter is true: the main point of the Rabanan was
to benefit the wife, by providing her with Mezonos. Therefore, he ruled that
it is the wife's prerogative to forego her rights to Mezonos, and thereby
exempt herself from the obligation to provide her husband with the profits
of her handiwork. That is, she may forego the Rabbinic institution of
Mezonos and keep her profits for herself.
15) [line 6] GITAH VA'CHATZEIRAH BA'IN K'ECHAD - she acquires her bill of
divorce and her courtyard at the same time
The Torah requires that the Get be given directly into the hands of the
woman (Devarim 24:1). However, a husband who wants to divorce his wife may
place the Get into her Chatzer (courtyard) or property. The Kinyan of
Chatzer is learned from the Kinyan of "her hand" (ibid., Gemara above, Daf
21a). As such, if the husband intends that his wife acquire a Kinyan in his
Chatzer for the purpose of receiving her Get, she acquires her Get and a
Kinyan in the Chatzer at the same time, thus circumventing the law of "Mah
she'Kansah Ishah, Kanah Ba'alah" - "[Halachically,] anything that a wife
acquires becomes the acquisition of her husband."
16) [line 10] BI'SHETAR AL YEDEI ATZMO (SHICHRUR EVED KENA'ANI)
(a) A Jew who owns a non-Jewish slave (an Eved Kena'ani) may release the
slave from bondage in one of two ways: by accepting payment for the slave's
release, or by giving the slave a "Get Shichrur," or bill of release
(Kidushin 22b). If the slave is not released in one of these two ways, he is
still considered to be a slave for all Halachic matters (such as with regard
to whom he is allowed to marry and what Mitzvos he is obligated to keep.)
(b) The Mishnah (ibid.) states that the two methods of release are
different. The payment must be made by others directly to the master and not
to the slave ("b'Chesef Al Yedei Acherim"), while the Get Shichrur must be
given to the slave himself ("b'Shtar Al Yedei Atzmo").
17) [line 12] SHECHIV ME'RA
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.
18) [line 13] BA'HADEI PANYA D'MA'ALEI SHABATA - towards evening on Erev
Shabbos
19) [line 14] TAKAF LEI ALMA - he became extremely ill and was about to die
20) [line 17] V'SEICHOD V'SIFTACH V'SACHAZIK BEI - and she should close
(lock) [the door] and open (unlock) [it] and thus acquire a Kinyan Chazakah
on it (the place where the Get rests)
21a) [line 18] NA'AL - locking
b) [line 18] GADAR - fencing in
c) [line 18] PARATZ - making a breach in a fence to create an entrance
22) [line 18] CHAZAKAH
(a) When a person acquires land, he must make a Ma'aseh Kinyan (a formal
Halachically-binding act denoting the change in ownership). Some of the
Kinyanim for Mekarka'in (immobile items) are Kesef (paying money), Shtar (a
document specifying the sale or gift of the land -- this Kinyan is only
applicable to certain cases -- see Kidushin 26a) and Chazakah, i.e.
performing an act to enhance the land that is normally performed by an
owner.
(b) Examples of Chazakah are Na'al (locking), Gadar (fencing in) and Paratz
(making a breach in a fence to create an entrance) or any act that is done
to *enhance* the land, such as digging to improve a field and the like
(MISHNAH Bava Basra 42a).
23) [line 20] ICHSIF - he (Rava) was humiliated
24a) [line 28] TEVERYA - Tiberias, a city built by Herod Antipas (son of
King Herod) in honor of the emperor Tiberias Julius Ceasar Augustus
(Bereishis Rabah 23:1) approximately fifty years before the destruction of
the Beis ha'Mikdash. It was called Teveryah by the Jews because it lies in
the center of the country ("Tibur" means navel) and because it is a sight to
behold ("Tovah Re'iyasah") (Megilah 6b). It was built on the cemetery of
Chamesan (Shabbos 33b-34a), and some say on the remains of an ancient walled
city.
b) [line 28] TZIPORI - a city in the lower Galilee, approximately midway
between Tiberias and Haifa
25) [line 31] CHATZER MISHTAMERES L'DA'ATAH HI - it is a courtyard (i.e. any
private property) that is protected as a result of her (i.e. the owner's)
authority (RASHI DH k'Mi)
26) [line 33] CHATZER MISHUM "YADAH" ISRABA'I - [the Kinyan of] Chatzer is
learned] from [the Kinyan of] "her hand" (in Devarim 24:1)
27) [line 34] CHATZER MISHUM SHELICHUS ISRABA'I
(a) The Torah requires that the Get be given directly into the hands of the
woman (Devarim 24:1). However, a woman may appoint a "Shali'ach l'Kabalah,"
an agent to receive the Get from her husband on her behalf, or to receive
the Get from her husband's Shali'ach. When her Shali'ach l'Kabalah receives
the Get, the woman becomes divorced as if she had received it herself.
(b) The opinion that the Kinyan of Chatzer (courtyard) is learned from the
Halachos of Shelichus asserts that when a husband who wants to divorce his
wife places the Get into her Chatzer or property, the Chatzer acts like an
agent who accepts her Get.
28a) [line 36] SEMUCHAH - adjacent
b) [line 37] DEVUKAH - attached
29) [line 42] PISLA - a block of wood or platform
30) [line 47] OSHLAH - he lent
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