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Gitin 40

GITIN 40 - Sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel. May Hashem bless them with many years of Simcha, health and fulfillment, and may they see all of their children and grandchildren follow them in the ways of Torah and Yir'as Shamayim!

1) [line 2] SHTAR EIRUSIN (KIDUSHIN - betrothal)
(a) The Torah commands that when a Jewish man intends to marry a woman, he must first be Mekadesh (betroth) her in front of witnesses, as the verse states, "Ki Yikach Ish Ishah" - "When a man takes a wife" (Devarim 22:13). He accomplishes Kidushin (an equivalent word derived from the Hebrew is "Eirusin") by means of Kesef, Shtar or Bi'ah (see Kidushin 2a).
(b) A Shtar Eirusin is a document containing the words, "Harei At Mekudeshes Li" ("Behold you are betrothed to me"). One of the ways to betroth a woman is to hand her such a document (Mishnah Kidushin 2a).

2) [line 14] APOTROPOS - (O.F. seneschal) steward, manager of the household (RASHI Sukah 27a)

3a) [line 24] KORAS RU'ACH - (lit. cooling of the spirit) satisfaction, comfort
b) [line 25] YA'ASEH LAH KORAS RU'ACH - provide her with satisfaction, also (if this can only be accomplished by setting the maidservant free, the heirs must set her free -- RASHI)

There is a Mitzvah mid'Rabanan to carry out the monetary requests of a person who has died (with regard to his own money). This applies whether the person was healthy or on his deathbed when he dictated these orders (RAMBAM Hilchos Zechiyah u'Matanah 4:5).

5) [line 37] ISURA LI'VEREI LO MORIS - a person cannot inherit a prohibition to his son

6) [line 42] DISKARTA D'AVDEI - a town of slaves
7) [line 43] KALU MARVASA BASRA'EI - their last owners (the Nochrim) perished

8) [line 44] ZILU, AHADRU A'BENEI MARVASA KAMA'EI - Go and search for your former owners

9) [line 51] KA'ASHER ASAH, KEN YE'ASEH LO; GEMULO YASHIV LO B'ROSHO - as he did, so shall it be done to him; his [bad] deed shall rebound onto him (lit. onto his head)

10) [last line] YENUKA - a child
11) [last line] MEKARVA DA'ATEI L'GABEI ZUZEI - he is easily swayed by coins


12) [line 1] MEKARKISH LEI ZUZEI - jingle some coins in front of him (offering them to him in place of his share in the slave)

13) [line 11] SHEMA ZIKAH LO AL YEDEI ACHER - perhaps he freed the slave by having another person act as the slave's agent (without the slave's knowledge), since the acquisition of freedom is unquestionably beneficial for the slave

14) [line 13] HODA'AS BA'AL DIN K'ME'AH EDIM DAMI - the admission of a concerned party is equivalent to one hundred witnesses [testifying]

15) [line 19] MESHALSHIN - to deposit [in the hands of a trustee]

16) [line 21] APOTIKI
An Apotiki is an object (in this case, the slave) or a piece of land that is designated as a security for a debt, without being placed in the possession of the creditor.

17) [line 22] SHURAS HA'DIN - (lit. the line of the law) the law is as such

(a) A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes without placing it in the possession of the creditor. This creates a Shi'abud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki." (b) The example of Shi'abud in our Mishnah is the obligation of a debtor to his creditor. As the result of a debt, the debtor designated his slave as an Apotiki.
(c) The Shi'abud on the Apotiki is revoked or cancelled (and the creditor must be reimbursed through other means) in three instances:

1. If the Apotiki is an animal that is fit to become a Korban and the owner designates it as such. (That is, the owner grants the object "Kedushas ha'Guf la'Mizbe'ach." If the Apotiki itself is not fit to be brought on the Mizbe'ach, and its owner declares that it should be sold and its *value* should be Kodesh ("Kedushas Damim"), or that it should be used for filling the day to day needs of the Beis ha'Mikdash and not for Korbanos ("Kedushas Bedek ha'Bayis), this does not repeal the Shi'abud -- RASHI to Kesuvos 59b DH Hekdesh; see however RAMBAM Hil. Erchin 7:14).
2. If the object is Chametz and the sixth hour arrives on the day before Pesach (thus prohibiting any Jew to derive benefit from the Chametz).
3. If the object is a slave and the owner frees the slave.
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