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Gitin 37

GITIN 37 (Adar 21) - This Daf has been dedicated anonymously l'Zecher Nishmas the holy "No'am Elimelech," ha'Rav Elimelech [b'rebbi Eliezer] of Lizhensk, on the day of his Yahrzeit. May the Rebbe be a Meilitz Yosher for Klal Yisrael during these troubled times and plead to Hashem that He may answer all of our Tefilos.

1) [line 1] "V'SHAVARTI ES GE'ON UZCHEM..." - "And I will break the pride of your power; [and I will make your skies like iron, and your earth like bronze.]" (Vayikra 26:19)

2) [line 2] BULA'OS - rich people
3) [line 3] "[KI FASO'ACH TIFTACH ES YADECHA LO, V']HA'AVET TA'AVITENU [DEI MACHSORO ASHER YECHSAR LO.]" - "[But you shall open your hand wide to him, and] shall surely lend him [sufficient for his need, in that which he lacks.]" (Devarim 15:8)

4) [line 4] LE'UZA - a person who speaks a foreign language
5) [line 5] PURSA D'MILSA - an enactment for [the betterment of] the matter
6) [line 12] KELACH SHEL KERUV - a stalk of cabbage
7) [line 15] ATZITZ NAKUV - a flowerpot with a drainage hole
8) [line 17] D'MANACH A'SIKEI - that was resting on [a stand who legs were merely] pegs

9) [line 18] GIDMA D'DIKLA - the stump of a palm tree (palm tree stumps do not regenerate -- Ta'anis 25a, Bava Basra 80b)

10) [line 19] MASREI MILEI L'HADADEI - without writing a Pruzbul, they would verbally hand over their loans to Beis Din

11) [line 23] AREV - a guarantor of a loan
12) [line 26] NOSHEH B'CHAVEIRO MANEH - one who demands from another person the repayment of a loan of a Maneh (100 Zuz)

A Shtar she'Yesh Bo Achrayus is a contract that contains a stipulation that the creditor may extract payment from the debtor's land should he not have money to pay back his loan. For this reason, people will trust a debtor who writes a Shtar she'Yesh Bo Achrayus.

14) [line 40] SIYEM - he specified
15) [line 42] KOL NICHSAI ACHRA'IN V'ARAVA'IN LACH - all of my assets are available for collection [in the repayment of this loan] to you

16) [line 43] KERIVEI - the relative of
17) [line 46] SHAVKEI - he (the relative) left him (Rebbi Asi)
18) [line 50] V'CHI MIPNEI SHE'ANU MEDAMIN NA'ASEH MA'ASEH - (Medamin - O.F. sospecier - to suspect) just because we suspect, or speculate, what the law is, should we rule that way in practice?

Ownership of a Shtar (a document of debt or deed) that gives a person title over property is equated to ownership of the property itself. Just as the person who owns and uses the property has a "Chazakah" over that property, so, too, the person who owns a document that gives him title to property has a "Chazakah" over that property.

20) [line 54] MASHKON - collateral, a security
21) [line 54] HA'MOSER SHETAROSAV L'VEIS DIN - a person who hands over his loans to Beis Din [to collect; identical with Pruzbul] (RASHI)

22) [last line] "...U'LECHA TIHEYEH TZEDAKAH..." - "[You shall deliver him the pledge back when the sun goes down, that he may sleep in his own garment, and bless you;] and it shall be righteousness to you [before HaSh-m.]" (Devarim 24:13)


23) [line 4] U'TALI LEI AD D'AMAR HACHI! - (lit. and hang him until he says so!) and force him to say it!

24) [line 8] HAVAH MASIK BEI RABAH ZUZEI - that is, Aba bar Marsa owed money to Rabah

25) [line 13] AMTAS - Did you bring [money to "Mar," a title of respect for their teacher, Rabah]

26) [line 16] V'IY AMART LEI "AF AL PI CHEN," HAVAH SHAKLINHU MINACH! - And if you would have said, "Af Al Pi Chen" - "Even though [you tell me that Shemitah has cancelled the debt, I would like to pay you the sum as a present,]" he would have accepted it from you!

27) [line 21] TZURBA ME'RABANAN - a young, intense Torah scholar (RASHI to Ta'anis 4a)

28) [line 24] LO SHAVIK HEITEIRA, V'ACHIL ISURA - (lit. a person will not pass up permitted food and eat prohibited food) given the option, we assume that a person will choose a permitted method as opposed to a prohibited one

29) [line 26] "PESACH PICHA L'ILEM" HU - this is an instance of "Open your mouth for the dumb" (Mishlei 31:8), i.e. Beis Din makes beneficial claims for those who are unable to do so

30) [line 35] YE'USH - Giving up hope
(a) Ye'ush means that the owner gives up hope of ever getting back his stolen or lost object and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis"). Ye'ush takes the stolen or lost object out of the possession of the original owner and allows the thief to acquire it as his own. (Although there is an opinion that states that Ye'ush alone is not sufficient to remove a stolen object from the original owner's possession (see Background to Sukah 30:2:b:2), our Gemara assumes that when Nochrim capture a Jew's slave, Ye'ush alone *will* remove the slave from the Jew's possession. The reason for this seems to be because a Nochri is not commanded to return a stolen object (the Torah verse, "v'Heshiv Es ha'Gezeilah..." - "and he shall return the stolen item...," applies to the Jews) (see NESIVOS HA'MISHPAT 371:1 and Acharonim).
(b) When a slave is captured or stolen, RASHI writes that the Ye'ush of the owner is enough to make the slave Hefker, i.e. Halachically ownerless. Afterwards, his captors acquire him through Kibush (conquest), a form of the Kinyan of Chazakah (see Background to Gitin 38:3 and see Insights there).

31) [line 40] PARKEI - he redeemed him
32) [line 40] DILMA MIMNE'EI V'LO FARKEI - perhaps the redeemer will not redeem him

33) [line 47] MAPIL ATZMO L'GAYASOS - he will make himself fall into the hands of marauding troops, i.e. get himself captured

34) [line 47] U'MAFKI'A ATZMO MI'YAD RABO - (lit. and he extract himself from his owner's hand) and he has a simple method of freeing himself from his owner's possession

35) [line 53] SHABA'EI - captors

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