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Gitin 82
GITIN 82 - Dedicated by Seth and Sheila Jutan of Atlanta, Georgia, in memory
of Sheila's grandfather, Mr. Bernie Slotin (Dov Ber ben Moshe Mordechai
z'l), who passed away on Chol ha'Moed Pesach (18 Nisan 5759 - April 4,
1999).
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1) [line 1] D'KA MEDALEG V'TANI CHAD CHAD - the Beraisa records examples of
Get Kere'ach in which the number of witnesses that are missing in each case
is only one (hinting that only one relative may sign on a Get Mekushar)
2) [line 5] RETZUFIN - [three] in succession
*****PEREK #9 HA'MEGARESH*****
3a) [line 17] CHUTZ - with the exception of
b) [line 17] AL MENAS - on the condition [that you do not]
4) [line 23] KOL HA'BATIM MITAM'IN B'NEGA'IM (NIG'EI BATIM - Tzara'as that
infects houses)
(a) The marks of Tzara'as for houses consist of intense green or intense red
streaks or spots that are at least the size of two Gerisin (a Gris is a
Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as
is found on the walls of a house, it is put into quarantine by a Kohen for a
week. Before the Kohen puts the house into quarantine, he commands that the
house be emptied of its contents to prevent its utensils from becoming
Tamei.
(b) The Torah states (Vayikra 14:39) "v'*Shav* ha'Kohen," to prescribe that
the Kohen *return* six days later to check the house. If the Tzara'as has
spread, one must remove (Choletz) the stones with Tzara'as from the house,
scrape off the surrounding plaster, insert new stones and re-plaster the
entire house. The house is then put into quarantine for another week. If the
Tzara'as returns to the house during the following week, the owner must
dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the
house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(c) On the other hand, if the Tzara'as did not change after the first week,
the Kohen leaves it as is and returns again six days later. The verse states
(Vayikra 14:44) "u'*Va* Ha'kohen," which means "if, when the Kohen *comes*
back to the house to inspect it a second time, he finds that the spot of
Tzara'as has spread, the house is Tamei." Chazal teach that this verse is
referring to a spot of Tzara'as that does *not* spread during its first
week. The Kohen "comes back to the house" after a second week to see whether
the spot has spread, remains, or has disappeared. If the Tzara'as has
*either* spread *or* remained, one must remove (Choletz) the stones with
Tzara'as from the house, scrape off the surrounding plaster, insert new
stones and re-plaster the entire house. The house is then put into
quarantine for another week (Vayikra 14:40). If the Tzara'as returns to the
house during the following week, the owner must dismantle (Notetz) the
entire house (Vayikra 14:45). The stones from the house must be taken out of
the city, and they remain Asur b'Hana'ah forever.
(d) Even though the words "v'Shav" and "u'Va" are not identical, they are
referring to the same action; namely, the Kohen entering the house to
inspect it. This relates the two verses to each other with a Gezerah Shavah.
Just as the house is not dismantled if the Tzara'as spreads during the first
week -- unless the stones are scraped and the Tzara'as returned to the house
after a week of quarantine -- so, too, the house is not dismantled if the
Tzara'as spread during the second week unless it returns to the house after
the quarantine period that follows the scraping.
(e) If during one of the inspections at the end of the first or second week
the Kohen finds that the Tzara'as has disappeared or diminished in intensity
such that it can no longer be classified as a Nega, the location of the spot
alone is scraped and the house is declared Tahor after the owner follows the
procedure for being Metaher houses (see Background to Sukah 13:11:IV).
(RAMBAM Hilchos Tum'as Tzara'as 15:2)
82b---------------------------------------82b
5) [line 17] V'YATZ'AH V'HAYESAH - Geirushin and Kidushin are compared to
each other through a Hekesh (Kesuvos 47a, Kidushin 5a) in the verse
"v'Yatz'ah [mi'Beiso; v'Halchah] v'Hayesah [l'Ish Acher.]" - "And she will
leave [his house (the house of her first husband)] and she will be [a wife
to another man.]" (Devarim 24:2) - The word "v'Yatz'ah ("and she will
leave") refers to Geirushin and "v'Hayesah" ("and she will be") refers to
Kidushin.
6) [line 21] HADAR PASHTAH - he subsequently answered it
7) [line 25] V'EIN ANI KOREI VAH "ESHES SHNEI MESIM" - and I do not consider
this to be a case of "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 Gitin
72:3). The third brother is only permitted to perform Chalitzah (see
Background to Gitin ibid.) 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.)
8) [line 27] AHANU - had an effect [of prohibiting her to all men besides
Shimon]
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