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Gitin 8

GITIN 8 - This Daf has been sponsored by Mr. and Mrs. Herb Scheinfeld, l'Iluy Nishmas Golda bas Reb Chaim Yitzchak Ozer (Mrs. Gisela Turkel), Minnie Weinstein, Sarah Scheinfeld and Rivkah Rachel Scheinfeld.

1) [line 3] D'MAYA KI AR'A SEMICHTA DAMYA - water is like solid (thick) ground
2) [line 7] YAM HA'GADOL - the Mediterranean sea; it is called the Great Sea because it is the sea of Eretz Yisrael (MISHNAH BERURAH 228:2)

3) [line 8] SHOFE'A V'YORED - slopes downward
4) [line 8] TUREI AMNON - the mountains of Amanah, hellenized to Amanus (Banias), a mountain range forming the ancient northern limits of the Holy Land

5) [line 10] NASIN - islands
6) [line 11] K'ILU CHUT MATU'ACH ALEIHEM - as if a string is stretched over them
7) [line 12] NACHAL MITZRAYIM - Wadi El Arish (some say it refers to the mouth of the Nile River)

8) [line 17] KIFLURYA - Kiflaria, Kifluria, name of a summit of Mount Amanus, probably Mons Casius in North Syria

9) [line 17] YAM OKYANOS - the Atlantic Ocean; Okyanos is the Greek form of the word "ocean"

10) [line 23] HA'MOCHER AVDO - one who sells his slave. The Halachah is that when one who lives in Eretz Yisrael sells his slave to someone in Chutz la'Aretz, the slave must be let free, as a penalty to the buyer for causing the slave to leave Eretz Yisrael (Gitin 43b).

11) [line 23] SURYA - Syria; areas from modern-day Syria that David ha'Melech conquered

12) [line 28] SIMAN A"V Ba"R Ra"K - this is a mnemonic device for remembering the six Halachos that the Beraisa mentions, when it lists the three ways in which Surya is equal to Eretz Yisrael, and the three ways in which Surya is equal to Chutz la'Aretz, respectively:

  1. *A* refers to *A*farah Tamei (line 28)
  2. *V* refers to ha'Mocher A*v*do (line 29)
  3. *B* refers to ha'Mei*v*i Get (line 30)
  4. *R* refers to Chayeves b'Ma'ase*r* (line 31)
  5. *R* refers to ha'*R*otzeh (line 31)
  6. *K* refers to ha'*K*oneh Sadeh (last line)
13) [line 28] AFARAH TAMEI - its earth is Tamei (TUM'AS ERETZ HA'AMIM) The Rabanan decreed that the lands outside of Eretz Yisrael are to be considered Tamei because the Nochrim bury their dead fetuses in their houses. There is a Machlokes as to whether they decreed that only the land should be Tamei or also the airspace above it. The Halachic ramification between these two opinions is whether or not a Nazir would be permitted to enter Chutz la'Aretz by being carried in a Shidah (a sedan chair or chest) that is lifted off the ground.

(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called *Ma'aser Ani* and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

15) [line 31] SHEVI'IS
(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b) The Shemitah year is meant to teach the Jewish people to rely on HaSh-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.

16) [last line] HA'ROTZEH LIKANES LAH B'TAHARAH - one who wants to enter [into Surya] in a state of Taharah [may do so]


17) [line 1] PARVAREI - (O.F. duchedes) dukedoms (an independent district of a larger area)

18) [line 2] KIBUSH YACHID SHEMEI KIBUSH - lit. the conquest [at the initiative] of a single individual is considered a conquest
There is a Machlokes whether or not an area, such as Suyra, which was captured through a private conquest, makes that area into part of Eretz Yisrael for all Halachic matters.

19a) [line 4] SHIDAH - (a) a woman's carriage that is closed on all sides (RASHI to Eruvin 30b); (b) a large chest that is used as a bench in a woman's carriage (RASHI to Eruvin 14b)
b) [line 4] TEIVAH - a chest
c) [line 4] MIGDAL - (O.F. mestier) a cupboard (RASHI to Eruvin 30b)

20a) [line 8] GUSHAH - its land
b) [line 8] AVIRAH - its airspace

21) [line 11] ONO - its bill of sale (lit. "its strength," for it gives strength to the bearer of the document)

(a) Shevus refers to actions that the Rabanan prohibited on Shabbos. The Torah states "u'va'Yom ha'Shevi'i Tishbos" ("and you shall rest on the seventh day") (Shemos 23:12). The Rabanan learn that this applies even to things that are not Melachos, and as a result they prohibited actions that were permitted mid'Oraisa (see Shabbos 114b).
(b) Telling a non-Jew to do Melachah for a Jew is one of the Shevus decrees. Even though non-Jews transgress no prohibition by doing Melachah on Shabbos, the Rabanan prohibited telling them to do Melachah for Jews. This prohibition applies even if they are told on Friday, and even if the Melachah is only needed for after Shabbos. (see RAMBAM Hilchos Shabbos, Chapter 6)

23) [line 15] YISHUV ERETZ YISRAEL - the Mitzvah to settle and live in the land of Yisrael

24) [line 21] KIYUM SHETAROS Mid'Oraisa, a Shtar or contract which was written legally and signed by witnesses is considered absolute proof. The Chachamim, out of fear of forgeries, required that every Shtar be validated ("Kiyum") in one of the following manners:

  • 1. The witnesses themselves attest to the validity of their signatures.
  • 2. Other witnesses who recognize the signatures attest to their validity.
  • 3. The signatures are matched to those on a previously validated Shtar.
25) [line 28] PALGINAN DIBURA - lit. we split his statement. When half of one's statement is not valid for some reason, the other half is still valid. There is a Machlokes Tana'im whether we say "Palginan Dibura" or not -- when half of one's statement is not valid for some reason, is the other half still valid. When the owner of a slave says to his slave, "All of my property is hereby given to you, except for one part of the land," if we "split his statement," then the slave acquires himself and goes free, but he does not acquire any other property since he cannot prove which part was the part that was excluded.

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