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Gitin 13

GITIN 13 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.

A Kena'ani slave is forbidden to marry into the Jewish people until he is freed. The verse states, "Lo Siheyeh Kedeshah mi'Benos Yisrael," which the Targum translates as, "An Israelite woman may not be married to a slave" (Devarim 23:18; see RAMBAM Hilchos Isurei Bi'ah 12:13). As long as he is a slave he is permitted to marry Kena'ani maidservants. Once he is freed they are prohibited to him.

2) [line 10] B'HEFKEIRA NICHA LEI - prefers a life of unbridled lust and lawlessness
3) [line 10] ZILA - cheap, sordid
4) [line 10] SHECHICHA - available
5) [line 15] TZEVURIN U'MUNACHIN B'KEREN ZAVIS - they are lying in a pile in a corner
6) [line 16] BARI - a person who is well, i.e. one who is not about to die

7) [line 17] LO MASHACH (KINYAN MESHICHAH - to move produce with the intent of buying it)
When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used are: for Metaltelin (movable goods) - 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; for Mekarka'in (real estate) - Chazakah, i.e. performing an act that is normally performed by an owner.

8) [line 17] SHECHIV MERA
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 (see previous entry), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Me'ra 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.

9) [line 19] DIVREI SHECHIV MERA KI'CHESUVIM VECHI'MESURIN DAMU The Chachamim feared that a Shechiv Mera (a person on his deathbed) is in such a critical condition that the slightest inconvenience could hasten his death. As such, they instituted that the words of a Shechiv Mera are considered to be binding as if they were "written and signed" in a Shtar, should he not recover from his illness.

10) [line 21] B'MA'AMAD SHELASHTAN - in the presence of the three of them (for example, Shimon owes a sum of money to Reuven and Reuven owes a similar sum to Levi. Reuven tells Shimon in the presence of all three of them that Shimon should give the money to Levi.)

11a) [line 23] MANEH ZEH - "this" Maneh (referring to money that he has on hand)
b) [line 23] MANEH SETAM - "a" Maneh


12) [line 9] HA'YOTZEI V'KOLAR - one who is being led out in a collar, [a (Roman) prisoner's band or chain around the neck,] to be executed

13) [line 11] HA'MEFARESH - one who sets out on a sea voyage
14) [line 11] HA'YOTZEI B'SHEYARA - one who sets out on a caravan journey
15) [line 12] HA'MESUKAN - one who is deathly ill [and about to die] (this word is synonymous to Shechiv Mera for the purposes of our Gemara)

16) [line 17] VEHA'ELOKIM! - Indeed! (using "ha'Elokim," which is an oath, for emphasis)

17) [line 21] SHA'ABEDNA LACH L'DIDACH UL'CHOL D'ASU MACHMASACH - I am indebted to you and to all who come on your behalf

18) [line 23] NOLADIM - those people who were born [after the loan was handed over to the debtor]

There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba l'Olam" - "a person can acquire a thing that has not yet entered the world," or not (Kedushin 63a). Some examples of things that have not yet entered the world are the fruits that will grow on a tree or the goods to be produced by one's wife. The same Machlokes applies to making a Neder to prohibit items or designating an item as Hekdesh (consecrating it) (Nedarim 85a).

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