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Gitin 12

GITIN 12 - This Daf has been dedicated to the memory of Moshe Simcha ben David Z"L Rubner by his parents, David and Zahava Rubner of Petach Tikva.

1) [line 5] "[...V'LEKET KETZIRCHA] LO SELAKET; LE'ANI [VELA'GER TA'AZOV OSAM...]" - "...nor shall you gather [any gleaning of your harvest; you shall leave them] for the poor, [and to the stranger...]" (Vayikra 23:22) - The Rabanan read the words, "Lo Selaket; le'Ani," as if there were no pause in between them and render this as a command, "You shall not gather for the poor."

2) [line 13] BED'LO SAFKAH - when the amount that she earns from the work that she must do does not cover the cost of her food

3) [line 14] AVDA D'NEHOM KERESEI LO SHAVYA, L'MAREI UL'MARASEI L'MAI MISBA'I - a slave who does not produce enough to pay for the bread of his belly; of what use is he to his master and mistress?!

4) [line 16] AREI MIKLAT (Cities of Refuge)
(a) A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment).
(b) When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (Cities of Refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.
(c) If the unintentional murderer leaves his City of Refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

5) [line 21] L'HA'ADAFAH - for the surplus [of his Ma'aseh Yadayim (the amount that he earns) over his Mezonos (the amount of his sustenance)]

6) [line 21] KEIVAN D'CHI LEIS LEI, LO YAHIV LEI - since when he does not [produce any surplus], he does not have to give [his master anything more than his Ma'aseh Yadayim]

7) [line 22] KI IS LEI NAMI, LO LISHKOL MINEI - when he does [produce a surplus], his master should also not take away [the surplus] (but rather, it should stay in the possession of the slave)

8) [line 24] "VA'CHAI" - "[So that the killer, who killed his neighbor unintentionally, and did not hate him in times past, might flee there; and that by fleeing to one of these cities] he might live." (Devarim 4:42)

9) [line 24] AVID LEI CHIYUSA TEFEI - [perhaps] we should provide him with an enhanced living

10) [line 29] "KOL KEVUDAH VAS MELECH PENIMAH; [MI'MISHBETZOS ZAHAV LEVUSHAH.]" - "All of the glory of the princess is within; [her clothing is of embroidered gold.]" (Tehilim 45:14) - The noble princess stays in the inner rooms of the palace, not exposing her glory to the people (IBN EZRA, RADAK et. al. to Tehilim ibid.).

11) [line 31] BATZORES - years of famine
12) [line 38] HA'MAKDISH YEDEI AVDO - a person who declares that the *product* of his slaves hands should be consecrated to Hekdesh

13) [line 38] LOVEH V'OCHEL, V'OSEH U'FORE'A - borrows and eats, works and pays back (the Gemara proceeds to explain this phrase)


14) [line 1] L'HA'ADAFAH - for surplus food (more than the bare necessity)
15) [line 4] KAMA KAMA KADISH LEI - whatever he produces becomes Hekdesh, bit by bit (if he produce more than a Perutah's worth at a time)

16) [line 7] D'IY LO, AVDA MAN PALACH LEI - for if not, who will "work" this slave such that he can earn his sustenance?

17) [line 13] HA'KOTE'A - one who maims (by cutting off his hand)

18) [line 14] SHIVTO U'REFU'ASO (CHOVEL)
A person who wounds his fellow Jew (Chovel b'Chaveiro), is obligated to pay five payments, i.e. four payments in addition to Nezek, which one must always pay for damages. The five payments are:

1. NEZEK (Damages) - If one causes damage to the person of a fellow Jew, such as blinding his eye, cutting off his hand or breaking his foot, Beis Din assesses the damages that he caused based on the depreciation such damages would cause to a slave on the slave market.
2. TZA'AR (Pain) - The payment for pain inflicted is evaluated as the amount that the injured person would be ready to pay to have the identical injury inflicted in a painless manner (Bava Kama 85a). Pain payments are due even if no other damage (other than the pain) was inflicted -- for example, if one person burned another's fingernail without causing a wound (Mishnah, ibid.). The amount of this payment ultimately depends upon the physical and financial situation of the injured person (RAMBAM Hilchos Chovel u'Mazik 2:9).
3. RIPUY (Medical expenses) - He must pay all medical costs until the injured person heals completely from his wounds.
4. SHEVES (Unemployment) - He must pay unemployment for the duration of the injured person's recovery. Sheves is evaluated as if the injured person is protecting a pumpkin patch from birds, a job that requires only minimal exertion and can be accomplished even by an invalid. (The money that the injured person loses due to his permanent handicap, though, is covered by the Nezek payment.)
5. BOSHES (Shame) - Boshes is evaluated based on the status of the person who caused the embarrassment and the status of person who was embarrassed. According to most opinions, the shame caused *by* an undignified person is greater than the shame caused by an average or dignified person (YERUSHALMI Kesuvos 3:8, RASHI to Bava Kama 83b, BARTENURA to Kesuvos 3:7, RAMBAM Hilchos Chovel u'Mazik 3:1, TUR Choshen Mishpat 420 and SHULCHAN ARUCH CM 420:24). Others rule that the shame caused by an *average* person is greater than the shame cause by an undignified or a dignified person (RASHI to Kesuvos 40a. The RAN rules that this is the Halachah in all cases except for Ones and Mefateh, which follow the previous opinion). With regard to a person who was embarrassed, shame caused *to* a dignified person is greater than the shame that an average or undignified person suffers (Bava Kama ibid.).
19a) [line 18] NIZON - he is fed (the most basic sustenance)
b) [line 18] MISPARNES - (O.F. conreid) satisfying the needs [of a human being, besides the basic sustenance, i.e. Ha'adafah, which is even more vital now that the slave is injured]

20) [line 22] D'BA'I ITSUYEI BEI - he needs to use it to [pay for the medicines that will] heal him

21) [line 22] D'AMDUHA L'CHAMSHA YOMEI - they (the Beis Din) estimated that his cure would last five days

22) [line 23] V'AVDU LEI SAMA CHARIFA - however, a strong herb or strong medicinal cure was employed

23) [line 24] TZA'ARA - the pain [of the strong herb or cure]

(a) All of the Kohanim, male or female are entitled to eat Terumah. However, when a Bas Kohen marries a Yisrael, she loses her right to eat Terumah, and she is considered a Zar (non-Kohen), who is prohibited from eating Terumah (that is, her husband is "Posel" her from eating Terumah). Should her Yisrael husband divorce her or die, she may eat Terumah as before, as long as she has had no children from him (Vayikra 22:12-13, Yevamos 69a).
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth, she is prohibited from eating Terumah as are all Zaros. If she marries a Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she has no children from him, the prohibition for her to eat Terumah returns. If she does have a child from him, she continues to eat Terumah in the merit of her late husband, the father of her child (ibid.).
(c) Even the slaves of Kohanim eat Terumah because of their master, since they are his possessions.

25) [line 36] IY BA'I, ZARIK LEI GITA, U'FASIL LEI - if he wants, he can throw him a Get Shichrur [into his four Amos while he is Reshus ha'Rabim] and cause him to be prohibited [from eating Terumah]

26) [last line] SHAVIK LEI V'ARIK V'AZIL L'ALMA - he leaves him (such that he cannot throw a Get Shichrur into his four Amos) and runs away to another part of the world

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