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Gitin 5

GITIN 4 & 5 - have been anonymously dedicated by a very special Marbitz Torah and student of the Daf from Ramat Beit Shemesh, Israel.

1) [line 1] CHERESH - a deaf mute

2) [line 3] SHOTEH - (lit. a fool) a person who is mad or deranged
(a) A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits a form of irrational behavior.
(b) A Shoteh is exempt from performing Mitzvos and is not punished for his transgressions. His purchases and sales are meaningless and are not binding.

3) [line 4] PIKE'ACH - a person with full faculties; the opposite of a Cheresh
4) [line 14] A'LAMAH - if so, why...
5) [line 18] MINKAT NAKIT LEI B'YADEI - he is holding it (the Get) in his hand
6) [line 39] HEVEI - we can thus conclude that...
7) [line 40] L'HACHMIR ALEHA - to deal strictly with her
b) [line 40] L'HAKEL - to deal leniently with her
8) [line 43] V'LAFKAH - and make her leave her new husband


9) [line 5] TISTAYEM - conclude

10a) [line 30] SHELI'ACH NA'ASEH ED - a messenger appointed to bring a Get or Shtar can become a witness as to its validity (as in the case of our Gemara, where the messenger states, "b'Fanai Nichtav ub'Fanai Nechtam)

b) [line 30] ED NA'ASEH DAYAN
The Amora'im argue as to whether a witness can become a judge in the same case. The Gemara (Kesuvos 21b) concludes that this argument only applies to cases that are mid'Oraisa. All agree that in cases that are mid'Rabanan, a witness can become a judge.

11) [line 36] ZIMNIN - there are times

12) [line 41] MAMZER
(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. 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).

13) [line 47] KOL HA'MESHANEH MI'MATBE'A SH'TAV'U CHACHAMIM B'GITIN - all who deviate from the exact words that the Sages enacted with regard to Gitin

14) [line 48] BAR HEDYA - the name of a Sage
15) [line 52] ATAH MOTZI LA'AZ - you will cause bad rumors to be spoken about the Gitin that were given previously

16) [last line] SHITAH - the first line of the Get, which includes the names of the husband and wife and the time (RASHI 15a)

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