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Gitin 30

GITIN 31 - sponsored by Hagaon Rav Yosef Pearlman of London, England, a living demonstration of love for and adoration of the Torah.

1) [line 1] HADAR PASHTAH - he subsequently answered it
2) [line 2] SHALCHU MI'TAM - they sent [a teaching] from there (Eretz Yisrael)
3) [line 5] PASKEI MABERA - the ferry stopped him [from crossing the river, since it was at the other side of the river at the time]

4) [line 5] CHAZU D'ASAI! - See that I have come!
5) [line 6] LO SHEMEI MASYA - it is not considered coming
6) [line 9] TARKEVA D'DINAREI - a measure of a half-Se'ah of gold coins (Tarkeva = Trei v'Kav = 2 [Kabin] and [1] Kav = 3 Kabin -- approximately 3.6, 4.14 liters or 7.2 liters, depending upon the differing Halachic opinions)

(a) It is possible to make a condition in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. Similarly, it is possible to make a condition as to whether a Neder (vow) will take effect.
(b) If the person with whom the condition was made did not intend to fulfill the condition (i.e., he did not want the Kinyan to take effect), but he fulfilled it against his will (b'Ones) due to circumstances beyond his control, it is considered as if the condition was not fulfilled, and the Kinyan does not take effect. For instance, Reuven stipulates that an object of his should be given to Shimon if he (Reuven) does not pay a specified amount to Shimon within a given time period. In the end, Reuven cannot pay within the time period because he was held up overseas, or he was unconscious. In such a case, the object is *not* given to Shimon.
(c) The above is true with regard to all Kinyanim other than documents of divorce (Gitin). With regard to documents of divorce, our Gemara records differing opinions as to whether a condition fulfilled b'Ones causes the divorce to take effect or not. Some rule that a condition fulfilled b'Ones does *not* cause the divorce to take effect, i.e. "Yesh Ones b'Gitin." Others rule that the divorce takes effect despite the fact that the condition was fulfilled b'Ones, or "Ein Ones b'Gitin."
(d) If the condition was *not fulfilled* b'Ones (that is, the person wanted to fulfill the condition but was not able due to circumstances beyond his control), then the Kinyan does *not* take effect. Even though he had intended to fulfill the condition, since the condition was not actually fulfilled, the Kinyan is not valid. This is true with regard to all Kinyanim, including Gitin. (RITVA to Kesuvos 2b, but see KOVETZ SHI'URIM #2,3) For example, if Reuven divorces his wife on the condition that he *does not* return within thirty days, and he returns within thirty days at gunpoint, or bound and tied, the Get is not valid, since Reuven did not fulfill the condition of "keeping away for thirty days."

8) [line 15] LIHEYOS MAFRISH ALEIHEN ME'CHELKAN - in order to [collect his debt from the produce that he will eventually] separate for them as their share

9) [line 20] MAKAREI KEHUNAH U'LEVIYAH - Kohanim and Leviyim to whom certain people are acquainted and to whom they always give their tithes; i.e. the Malveh (creditor) is accustomed to giving this Kohen or this Levi the Terumah and Ma'asros of his produce

10) [line 21] B'MEZAKEH LAHEM AL YEDEI ACHEIRIM - he transfers possession of it to them by employing others as their agents (see Background to Gitin 11:17, Zachin la'Adam she'Lo b'Fanav)

In many instances of Halachah, we consider a person to have gained possession of an item even though in reality he has not. This enactment is generally for the betterment of the person involved.

12) [line 29] POSEK IMAHEN K'SHA'AR HA'ZOL - (lit. he arranges with them [that he will accept] the lower price) the Malveh accepts upon himself the risk of lending at a time when the price of the produce is higher than the lower price that will be in effect at the time that he separates the produce. (He collects the debt by volume and not by value.)

13) [line 30] RIBIS
(a) It is forbidden to lend money in return for interest (Shemos 22:24, Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally, and it is not eventually collected, the transaction is prohibited mid'Oraisa according to some Tana'im.
(b) The Torah only forbids charging interest if the rate or amount of interest was fixed at the time that the loan was made. This is called Ribis Ketzutzah. If interest was paid without it being fixed at the time of the loan, or if a higher price was paid in a *sale* so that the seller should allow the buyer more time to complete his payment for the purchase, it is called Avak Ribis. This is forbidden mid'Rabbanan.

14) [line 30] SHEVI'IS
(a) The Torah requires that all loans shall be canceled every seventh year, as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.). Most Rishonim rule that the Shemitah year cancels loans at the *end* of the year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.

15) [line 31] HE'AVUD - that is lost
16) [line 34] "V'ZEH DEVAR HA'SHEMITAH SHAMOT KOL BA'AL MASHEH YADO ASHER YASHEH B'RE'EHU; LO YIGOS ES RE'EHU V'ES ACHIV, KI KARA SHEMITAH LA'SH-M" - "And this is the manner of the "release" of the Shemitah year: Every creditor who lends anything to his neighbor shall release it; he shall neither exact it of his neighbor nor of his brother; because it is called HaSh-m's Release." (Devarim 15:2)

17) [line 36] 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.

18) [line 38] D'AKUN - that they started to rise and grow in a stalk before they dried out

19) [line 38] AKANTA MILSA HI - rising, growing in a stalk is significant and they will continue to grow [and the resignation of the owner as to not being repaid with this year's crop is not considered significant, Ka Mashma Lan that this is not so]

20) [line 40] B'CHEZKAS OSO HA'SHEVET - [the landowner may separate produce as Terumah or Ma'aser and sell it or keep it as repayment for his loan (that was made in Beis Din) even though the Kohen or Levi died, since Beis Din has the authority to transfer the loan to the next of kin since Terumos and Ma'asros are] the possession of that tribe (of Kohanim or Leviyim)


21) [line 1] KUSIYIM (KUSIM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)
(c) Rebbi Achi is of the opinion that the Kusim are Gerei Emes.

22) [line 2] HALAH - that one

23a) [line 6] CHAVRACH MIS, ASHER - [if someone tells you that] your acquaintance has died, [you can believe him and even] uphold [this fact]
b) [line 7] IS'ASHER, LO SE'ASHER - [if someone tells you that your acquaintance] has become rich, [you need not believe him and] do not uphold [this fact]

24a) [line 11] MELO MACHAT - a diminutive patch of ground
b) [line 11] MELO KARDOM - a large field. The term "Melo Kardom" may refer to a field having room enough to work in it with a Kardom, i.e. a common-sized field
c) [line 11] KARDOM - an axe or hatchet for chopping wood (Beitzah 31a) or a sharp spade for digging or hoeing (Sotah 15b)

25) [line 13] UCH'MA'ASEH D'KETINA D'ABAYEI - and like the case of the small parcel of [land that came before] Abaye. The Gemara (Kesuvos 91b) records a case of a man who died with a debt to a creditor of 100 Zuz. The man had a small parcel of land worth 50 Zuz. The creditor came to the man's heirs to collect his money and he took the land worth 50 Zuz. The heirs then paid him 50 Zuz in order to get the land back. The creditor then collected the remaining 50 Zuz by taking the property that they had just taken back from him. Abaye ruled that the money that the heirs paid (in order to get back the land from the creditor) was a fulfillment of their Mitzvah to repay their father's debt, and it was not a purchase of the father's property. That is, they were simply asking the creditor to settle for cash instead of taking their property towards the payment of the loan. Therefore, the lien on the land was still binding and the creditor was entitled to take it as repayment for the remaining debt of 50 Zuz. The Gemara (ibid.) explains that Abaye's ruling applies only when the heirs did not specify why they were giving the money to the creditor. However, if they explicitly told him that they are giving him the money in order to *purchase* back the land, then the creditor may not expropriate the land again in order to collect the remaining 50 Zuz (since his lien was "used up" through his collection of the property towards the loan, and he no longer has any lien on the property).

26) [line 15] TERUMAS MA'ASER
(a) After a crop that is grown in Eretz Yisrael 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, and it is known as *Tevel*. The punishment for eating Tevel is Misah b'Yedei Shamayim.


  • 1 Kur = 2 Lesachin
  • 1 Lesech = 5 Eifos
  • 1 Eifah = 3 Se'in
  • 1 Se'ah = 6 Kabin
  • 1 Kav = 4 Lugin
  • 1 Log = 6 Beitzim
1 Beitzah = approximately 0.05, 0.0576 or .1 liters, depending upon the differing Halachic opinions. Therefore:
  • 1 Se'ah = 7.2, 8.29 or 14.4 liters
  • 1 Kur = 216, 248.7, or 432 liters
28) [line 19] HEILACH - (=Hei Lach) here it is (lit. here it is for you)

29) [line 29] V'CHI NECHSHEDU CHAVERIM LITROM SHE'LO MIN HA'MUKAF? - Are Chaveirim suspected of separating Terumah without having the amount separated next to the entire produce?
(a) After a crop is harvested and brought to the owner's house or yard, he must separate Terumah 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. Before Terumah is separated, the crop is Tevel and may not be eaten.
(b) The Rabanan decreed that Terumah must be separated when the produce that will become Terumah and the rest of the crop are together in front of the person separating them. The prohibition was invoked so that a person does not unknowingly designate Terumah from produce that has already rotted or been lost, and then eat from the crop thinking that Terumah has been separated while in reality he is eating Tevel. Chaverim (= Talmidei Chachamim) are particularly meticulous with regard to this Halachah.

30) [line 30] MIN HA'MUKAF - from food that is next to it (usually in the same vessel)

31) [line 34] KEIVAN D'LO KITZ - since the quantity is not defined, determined

32) [last line] "V'NECHSHAV LACHEM TERUMASCHEM; [KA'DAGAN MIN HA'GOREN, VECHA'MELE'AH MIN HA'YAKEV.]" - "Your gifts shall be considered for you; [like grain from the threshing-floor and like the ripeness (wine) of the wine-collection pit.]" (Bamidbar 18:27)

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