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Gitin 15

GITIN 14 & 15 - have been anonymously dedicated by a very special Marbitz Torah and student of the Daf from Ramat Beit Shemesh, Israel.

1) [line 1] KEVINASI - (O.F. nosche) my brooch
2) [line 1] SHNEIM ASAR MANEH - twelve hundred silver Dinars

*****PEREK #2 HA'MEVI GET*****

3) [line 19] MEDINAS HA'YAM - a land overseas (i.e. a distant land)
4) [line 33] SHITAH ACHAS - one line, i.e. the first line of the Get, which includes the names of the husband and wife and the time (RASHI)

5a) [line 38] KIYUM HA'GET (KIYUM)
Mid'Oraisa, a Shtar (contract) or Get 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. Two other witnesses who recognize the signatures attest to their validity.
  3. The signatures are matched to those on a previously validated Shtar or Get.
b) [line 38] TAKANAS CHACHAMIM - the enactment of the Sages [that a person who brings a Get from overseas can say b'Fanai Nichtav uv'Fanai Nechtam to validate the Get]

6) [line 2] KIYUM SHETAROS D'ALMA - the validation of ordinary contracts (lit. contracts of the world, i.e. other than Gitin)
See above, entry 5a.

7) [line 3] KA NAFIK NAKI RIV'A D'MAMONA A'PUMA D'CHAD SAHADA - [in a case of monetary Shtaros that are similar to this Get,] three quarters (lit. less a quarter) of the money would be extracted on the basis of one of the witnesses' testimony. (We would be relying on him totally to validate his own signature and partially on the other's signature. In the Get, we are relying on him totally for the first signature when he said "b'Fanai Nechtam Chetzyo" (which has the power of two witnesses according to the Takanas Chachamim), and partially on the other's signature when he verifies it along with another witness. Hence, three quarters of the testimony relies on him.)

8) [line 5] MASIK - concludes, finishes (i.e. had he finished saying b'Fanai Nichtav uv'Fanai Nechtam)

9) [line 11] MAS'HID - testifies

10a) [line 19] GIDUD CHAMISHAH - an embankment that is five Tefachim high [whether it was the embankment of a ditch (RASHI) or the five-Tefachim-high wall of a courtyard that was situated five Tefachim below its neighboring courtyard (RASHI to Eruvin 93b)]
b) [line 19] U'MECHITZAH CHAMISHAH - and a partition that is five Tefachim high [on the edge of the embankment (RASHI) or on the edge of the wall of the lower courtyard, giving the upper courtyard a five-Tefachim-high partition at the boundary between the courtyards (RASHI to Eruvin ibid.)]

11a) [line 20] EIN MITZTAFRIN - they do not combine to provide the necessary ten Tefachim that is needed for the area inside of the ditch (or the lower courtyard) to be considered a Reshus ha'Yachid (see next entry) (RASHI; see TOSFOS, however, who argues, citing the Gemara in Eruvin 99b that rules that the depth of a pit and the height of its embankment *do* combine to produce Mechitzos of the required height)

There are four Reshuyos (domains) with regard to the Halachos of Shabbos: Reshus ha'Rabim; Reshus ha'Yachid; Karmelis; Makom Petur.

(a) RESHUS HA'RABIM (the public domain) includes 16-Amah-wide thoroughfares or streets that are open at both ends, and open plazas that can hold many people at the same time. (According to some Rishonim, 600,000 people must use the area for it to be considered Reshus ha'Rabim, see Insights to Shabbos 6b.)
(b) RESHUS HA'YACHID (the private domain) is comprised of spaces that have an area of at least four by four Tefachim and are enclosed by a ten-Tefach-high partition on at least three sides, such as enclosed yards, or ditches with these dimensions (since the vertical wall of the ditch acts as a partition). A ten-Tefach-high mound that is 4 by 4 Tefachim wide at its top is also a Reshus ha'Yachid. Reshus ha'Rabim and Reshus ha'Yachid are Reshuyos that are recognized by the Torah. Transferring objects from one to the other is prohibited mid'Oraisa.
(c) KARMELIS is the term that the Rabanan gave to certain places and objects that bear similarities to both Reshus ha'Rabim and Reshus ha'Yachid, even though they do not meet all the requirements for either of them. The Rabanan decreed that a Karmelis is to be given the properties of both Reshus ha'Rabim and Reshus ha'Yachid, whichever is more stringent in any given situation, in order to prevent a person from doing a Melachah mid'Oraisa. Some examples of Karmelis are the sea, a desert, and an area in Reshus ha'Rabim that is four by four Tefachim but with a height not greater than ten Tefachim, such as a raised platform, pole, or fenced-in area.
(d) MAKOM PETUR, in general, are those places and objects that do not fulfill *any* of the above requirements. Transferring from them to one of the other three Reshuyos is permitted (as long as one does not transfer from Reshus ha'Yachid to a Makom Petur, and then from there to a Reshus ha'Rabim, or v.v.). Some examples of Makom Petur are a doorstep with an area less than four by four Tefachim, a pole in Reshus ha'Rabim with an area less than four by four Tefachim and a height not greater than ten Tefachim and the airspace above Reshus ha'Rabim (above a height of ten Tefachim). See Shabbos, Charts #1-2.
(a) Normally if Tum'ah touches part of a person's body, it make his entire body Tamei and he can only become Tahor by Tevilah (immersing) in a Mikvah. However the Chachamim instituted that in certain cases a person's hands can become Teme'os without the rest of his body becoming Tamei, and he is able to be Metaher his hands through Netilas Yadayim or Tevilas Yadayim.
(b) Shlomo ha'Melech instituted (Eruvin 21b; Shabbos 15a) that if a person does not pay close attention to make sure that his hands did not touch what they were not supposed to, his hands are deemed to be Teme'os and he may not touch Kodshim until he washes them. The reason for the Gezeirah was "Yadayim Askaniyos Hen," which means that the hands are constantly "busy" and they touch things without intent. A person may have touched himself in a sweaty or otherwise unclean place, and touching Kodshim or Terumah in such a manner is a disgrace to their Kedushah and loathsome to those who must afterwards eat them (RASHI Shabbos 14a). The Takanah of Shlomo ha'Melech was to consider the hands a Shelishi (see Background to Sotah 27:11 for a discussion of the different levels Tum'ah) and to prohibit a person from eating Kodshim without Netilas Yadayim. Later, Beis Hilel and Beis Shamai decreed that the hands are *Sheniyos* and may not even touch *Terumah* before Netilas Yadayim (Shabbos 14a). This is one of the ordinances of the "18 Davar" (Shabbos 13b-17b). These two decrees are known as the Gezeiros of "Stam Yadayim," i.e. it is not known for certain that the person's hands touched anything specific that made them Tamei, but the Rabanan made them Tamei anyway.
(c) There are other situations in which a person's hands could become Tamei without the rest of his body becoming Tamei: 1. If a person's hands touch Sifrei Kodesh (Shabbos 14a; Tosfos ibid. 14b DH Keivan; 2. If a person's hands touch a Rishon l'Tum'ah (Mishnah Yadayim 3:1); 3. If a person's hands touch a person who can only make clothing, but not people, Tamei. (An example of a person who can only make clothing but not people Tamei, is one who is touching Ma'ayanos ha'Zav (see Background to Shekalim 21:33c), a Mishkav or Moshav (see Background to Nazir 64:4b:a-b), or one who is carrying a Neveilah (see Kelim 1).) (Mishnah Yadayim, ibid.); 4. If a person's hands enter a Bayis ha'Menuga, but his body does not enter it (ibid.).
(d) Although Yadayim that are Sheniyos cannot make Chulin Tamei, The Chachamim instituted that a person must wash his hands before eating bread that is Chulin. This is because of a "Serach Terumah" (in order to accustom those who eat Terumah to Netilas Yadayim -- RASHI to Chulin 106a) and also because of Nekiyus (cleanliess; see TOSFOS ibid. DH Mitzvah). In addition, Netilas Yadayim is necessary before eating other Chulin foods besides bread if the food is wet (Pesachim 115a -- because even Chulin food can become Tamei through a Sheni ,such as hands that are Tamei, because of the water on it).
(e) A person whose hands are Teme'os cannot touch Terumah or Kodshim, and cannot eat Chulin, until he is Metaher them either through Netilas Yadayim or Tevilas Yadayim.
1. Netilas Yadayim (Mishnah, Yadayim 1:1) involves pouring water on his hands from a utensil that contains at least a Revi'is of water. A person may be Metaher his hands by pouring less than a Revi'is of water on his hands from such a utensil if two conditions are met: (i) The utensil must have contained at least a Revi'is when the first person to use the water in this cup used some of it for Netilas Yadayim. (ii) When pouring less than a Revi'is on one's hands, one must rinse their entire hands *twice* each, and not just once each.
2. Tevilas Yadayim (Chagigah 2:5, also known as "Shetifas Yadayim, according to Rashi here DH v'Achas b'Shetifah) involves dipping one's hands into a valid Mikvah or river (see Background to Nedarim 40:24).
13) [line 24] KA MASHU BEI TREI - two people wash
14) [line 25] REVI'IS - a quarter of a Log (1 Revi'is measures approximately 75, 86 or 150 cc, depending upon the differing Halachic opinions)

15) [line 27] HA'NOTEL YADO ACHAS B'NETILAH V'ACHAS B'SHETIFAH YADAV TEHOROS - (a) washing one hand by pouring over it a Revi'is of water from a cup and dipping the other hand into a river or Mikvah that has at least 40 Se'in of water makes the hands Tehoros (RASHI; the word "d'Tenan," however, should read "d'Tanya"); (b) according to the Girsa *NATAL YADO ACHAS MI'SHETIFAH ACHAS YADO TEHORAH* - washing one hand by pouring over it a quantity of water that would normally be poured in two portions makes that hand Tehorah (RABEINU TAM, cited by Tosfos; accordingly, there is no need to change the word "d'Tenan," since this is a Mishnah -- Yadayim 2:1)

16) [line 28] PALGA PALGA D'YADEI - one half of the hand and then the other half

17) [last line] IKA MASHKEH TOFE'ACH - there remains moisture [on the part of the hand that he washed first] from the liquid (the water) [of the first washing]

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