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Gitin 23

GITIN 23 (7 Adar) - has been dedicated by Rav David Sheinfeld in memory of his father in law, Ha'Rav Ha'Gaon Rav Shaul David ben Moreinu Ha'Rav Alter Yozfa Ha'Kohen ZT'L, Av Beis Din of Prushkov (near Warsaw), examiner for Yeshivas Chachmei Lublin and close disciple of ha'Gaon Rav Meir Shapiro, and Rav of Congregation Degel Israel (presently in Kew Gardens Hills, N.Y.)

(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (lit. "a document that cuts [the bond between them]") and hand it to her ("v'Nasan b'Yadah") in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. Gitin).
(b) The man does not need to give the Get to the woman himself; he may appoint a Shali'ach to bring the Get and hand it to her. When the man appoints a Shali'ach to bring the Get to his wife, this is called a "Shali'ach l'Holachah." The woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Get from the man, or to receive the Get from the man's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get).
(c) The Mishnah below (line 30) lists those people who are disqualified to be Shelichim l'Hava'ah. One of those listed is an Oved Kochavim, leading Rav Nachman to conclude that since an Oved Kochavim is *omitted* from our Mishnah, he must be qualified to *write* a Get under certain circumstances.

2) [line 12] ASHPAH - a garbage heap
3) [line 16] SHE'NICHTAV SHE'LO L'SHUM ISHAH - that was written *not* for the sake of the woman whom a husband wishes to divorce

4) [line 26] EINAH TORAH - your teaching is unacceptable
5) [line 27] SHE'EIN KO'ACH LI'SHEMAH - since there is no efficacy (lit. power) [in *writing* a Get] Lishmah (rather, only the *signing* of the Get needs to be Lishmah)

6) [line 32] SUMA - a blind person
7) [line 33] NISPAKE'ACH - he became able to hear and speak
8) [line 33] NISPATE'ACH - he became able to see
9) [line 34] NISHTAFEH - he regained his senses
10) [line 36] SHAFUY - sane
11) [line 39] LAV BAR HEITEIRA - he is not subject to the laws of Kidushin and Gitin (and one cannot be a Shali'ach for something to which one is not subject)

12) [line 42] TEVI'US EINA D'KOLA - recognition of the voices [and other unseen aspects of the people involved]


13) [line 4] TA'AMA, B'MILSA D'LEISEI - the reason [that a slave is disqualified from being a Shali'ach] is [because we are dealing with] a Halachah to which he is not [subject]

14) [line 7] TERUMAH
(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. The owner or the Levi does not need to separate the Terumah himself; they may appoint a Shali'ach to separate it.
(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.
(f) A Kena'ani slave is also prohibited from eating Tevel. If someone gives him Tevel on the condition that his master should not acquire it, the slave must separate the Terumah Gedolah and Ma'asros himself. Similarly, a Nochri may separate Terumah from his own produce and non-Kohanim will be prohibited from eating it.

15) [line 11] "[KEN TARIMU] GAM ATEM" - "[Thus] you also [shall offer an offering to HaSh-m of all your tithes, which you receive from the people of Yisrael; and you shall give from it HaSh-m's gift to Aharon the Kohen.]" (Bamidbar 18:28)

16) [line 14] BENEI BRIS - members of the covenant
17) [line 17] HAREI AT SHICFCHAH U'VELADECH BEN CHORIN - you are a maidservant and your child shall be a freeman

18) [line 18] IM HAYESAH UBRAH, ZACHSAH LO - if she was pregnant at the time, she accepts [the Get Shichrur] for him (her fetus) [and he goes free when he is born]

19) [line 20] REBBI YOCHANAN TARTEI AMAR - Rebbi Yochanan made two statements; that of the slave who cannot be a Shali'ach l'Kabalas ha'Get for a woman (because he is not subject to the laws of Kidushin and Gitin) and that of the slave who can accept the Get Shichrur of another slave who belongs to a different master (because he is subject to the laws of the freeing of slaves)

20a) [line 23] IM LACHSHECHA ADAM LOMAR - if a person whispers to you, saying
b) [line 23] ZO HALACHAH SHENUYAH - there is a Halachah that has already been taught [that proves the that the *opposite* is true]

21) [line 29] UBAR YERECH IMO HU
There is a Machlokes whether "Ubar Yerech Imo" - "a fetus is no more than a thigh of its mother" (i.e. it is only to be considered as a part of its mother) -- or if the mother and its fetus are considered to be two different entities.

22) [line 30] AF HA'NASHIM SHE'EINAN NE'EMANOS LOMAR MES BA'ALAH NE'EMANOS L'HAVI ES GITAH - even those women who [hate her so much that they] are not believed to testify that a woman's husband has died (permitting her to remarry -- Yevamos 117b) are trusted to bring her Get

23a) [line 32] CHAMOSAH - her mother-in-law
b) [line 33] TZARASAH - her husband's second wife
c) [line 33] YEVIMTAH - her husband's brother's wife (who would become her husband's second wife if her husband's brother dies childless)

24) [line 34] SHEHA'KESAV MOCHI'ACH - the wording of the Get proves that the husband wants to divorce her

25) [line 43] ME'AR'ER - and he challenges the validity of the Get

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