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Gitin 45

GITIN 44 & 45 - 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 9] ARAK - ran away
2) [line 10] NICHTOV LACH SHETARA A'DAMEI - we (Beis Din) will write you a document [that he is responsible to reimburse you] for his value

3) [line 12] "LO YESHVU B'ARTZECHA PEN YACHTI'U OSECHA LI..." - "They shall not live in your land, lest they make you sin against Me; [for if you serve their gods, it will surely be a snare to you.]" (Shemos 23:33)

4) [line 13, 14] "LO SASGIR EVED EL ADONAV; ASHER YINATZEL ELECHA ME'IM ADONAV. IMCHA YESHEV, B'KIRBECHA, [BA'MAKOM ASHER YIVCHAR, B'ACHAD SHE'ARECHA, BA'TOV LO, LO TONENU.]" - "You may not turn over a slave to his master; who has found refuge with you from his master. He shall live with you, among you, [in that place which he shall choose in one of your gates, where it pleases him best; you shall not oppress him.]" (Devarim 23:16-17) - There are various explanations given for this verse in the sources: (a) The conclusion of our Gemara is that a slave who has escaped to Eretz Yisrael may not be turned over to his master (see also RAMBAM Hilchos Avadim 8:10).
(b) Some also include a circumcised slave who has escaped from his non-Jewish master (SIFRI, TARGUM, cf. RABEINU BACHYA). (c) Others include a slave who escapes to the army camp (IBN EZRA, CHIZKUNI, ABARBANEL). (d) Rebbi explains that this verse refers to a person who buys a slave in order to free him (our Gemara; Yevamos 93b)

5a) [line 21] BEI CHUTA'EI - a settlement of Kusim in Chutz la'Aretz

b) [line 21] BEI CHUTA'EI (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) Even though the Kusim kept many Mitzvos of the Torah down to their last detail, there were other Mitzvos that they did not keep at all. For example, the Kusim did not refrain from causing others to sin (which is prohibited by the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling block before the blind" -- Vayikra 19:14).

6) [line 22] HADRUHA NIHALI! - Send him back to me!
7) [line 26] IRKAS LEI CHAMRA - he lost his donkey
8) [line 27] D'CHIVRA KEREISEI - its belly is white

9) [line 28] NACHMANI - Abaye; (a) Rabah bar Nachmani, who raised Abaye as an orphan, gave him the name Nachmani in memory of his own father (RASHI to Gitin 34b); (b) According to the Ga'onim, Abaye's *real* name was Nachmani, but Rabah bar Nachmani, who was his uncle, called him Abaye so as not to utter his father's name, out of respect for his father (Abaye is a corrupted form of the Aramaic word for "my father") (ARUCH, Erech Abaye, also cited by Gilyon ha'Shas to Gitin 34b)

10) [line 30] MAVRICHIN - to cause [captives] to flee
11) [line 32] DUCHKA D'TZIBURA - the oppression, extortion of the public (who will become impoverished if they redeem captives for more than their value)

12) [line 32] D'LO LIGARVU V'LAISU TEFEI - so that they do not kidnap and ransom off more people

13) [line 36] BENASEI D'RAV NACHMAN - the daughters of Rav Nachman
14) [line 36] BACHASHAN KIDRA B'YADAIHU - they stirred a boiling-hot pot with their bare hands (without getting burned)

15) [line 38] ISHTABYAN - they were taken captive
16) [line 40] LISHNA D'TZIPOREI - the language of the birds, i.e. the meaning of their "speech"

17) [line 40] ORVA - a raven

18) [line 41] AD'HACHI - in the meantime
19) [line 43] KENESES YISRAEL K'YONAH MESILA - the "Congregation of Yisrael" is likened to a dove

20) [line 43] SHEMA MINA, MISRACHISH LI NISA - I can deduce from this that [if I will escape, HaSh-m will protect me and] a miracle will occur for me [to ensure that my escape will be successful]

21) [line 44] IY KAIMAN B'HEIMNUSAIHU, AHADRINHU - if they have remained faithful [to their husbands,] I will take them back [with me]

22) [line 44] NASHEI, KOL MILEI D'IS LEHU, SADRAN L'HADADEI B'VEIS HA'KISEI - women who wish to discuss matters [in private] will talk to each other in the rest room

23) [line 45] ADEI GUVRIN, V'NEHARDA'EI GUVRIN - these [captors]are our "husbands" and those men of Neharde'a are our husbands

24) [line 45] LEIMA LEHU LI'SHABOYAIHU - let us say to our captors
25a) [line 47] L'DIDEI ISRACHISH LEI NISA - for him, a miracle occurred
b) [line 47] AVAR B'MAVRA - he [escaped narrowly and] crossed the river in the ferry

26) [line 48] KI HADRAN V'ASAN AMAR - when they returned from captivity (against their will -- MAHARSHA), he said [about them]

27) [line 48] KA BACHASHAN KIDRA BI'CHESHAFIM - they must have been stirring the boiling-hot pot [with their bare hands] through magic


28) [line 6] MIN - a Jewish infidel or idolater; alternate Girsa in RASHI - a Jew who does not heed the words of the Rabanan (but see MAHARATZ CHIYOS who claims that this is Rashi's comment on the Gemara below (line 15), where it is necessary to distinguish between a Min and an idolater. Rashi's Girsa of the Gemara there had the word "Min" in the list of Pesulim, as opposed to our editions where the word "Min" is in parentheses and is not included)

29) [line 15] MASUR (the Girsa of the MAHARSHAL is *MOSER*) A Jew who, of his own volition, reveals the location of another's possession to someone who wants to take them away (see Insights to Kerisus 2b).

30) [line 16] KUSI
See above, entry #5b. This Beraisa rules that the Kusim are Geirei Arayos.

31) [line 16] YISRAEL MUMAR - a Jewish apostate, a person who does not keep the laws of the Torah

32) [line 16] "...U'KESHARTEM [OSAM L'OS AL YEDCHEM, V'HAYU L'TOTAFOS BEIN EINEICHEM...]U'CHESAVTAM [AL MEZUZOS BEISECHA UVI'SH'ARECHA.]" - "[Therefore shall you place these, My words, on your heart and on your soul,] and bind [them for a sign upon your hand, and so that they may be as frontlets between your eyes...]And you shall write them [upon the doorposts of your house, and upon your gates.]" (Devarim 11:18, 20)

33) [line 22] TZIDON - Sidon, a city on the Mediterranean coast, to the north of modern-day Israel. It was the capital of Phonecia. It is within the northwest boundary of the Holy Land (Bamidbar 34:7).

34) [line 23] IBUD LISHEMAN
Ibud is the tanning of soft edible skin of Kosher domesticated animals into leather. When a person wants to start writing a Sefer Torah, Tefilin or Mezuzos, the Tana'im argue as to whether he must perform the Ibud Lishmah, that is, for the sake of HaSh-m.

35) [line 23] KESIVAH LISHEMAN
When a person writes a Sefer Torah, Tefilin or Mezuzos, every time he writes the Name of HaSh-m, he must have in mind that he is writing it "l'Shem Kedushas HaSh-m," for the sake of the sanctity of the Name of HaSh-m. If he writes the Name of HaSh-m without this Kavanah, the Sefer Torah is not valid. (For example, if he intends to write the word Yehudah and accidentally leaves out the letter "Daleth" spelling the Name of HaSh-m, and he realizes that the word was actually supposed to be the Name of HaSh-m, it is invalid and he must re-write the word with the proper intention of Lishmah.

36) [line 24] TZIPAN ZAHAV - he overlaid gold leaf on them (on the Batim, the boxes of the Tefilin that are made from the skin of a Kosher animal)

37) [line 24] TALAH ALEIHEM OR BEHEMAH TEMEI'AH - he stretched over and attached to the Batim the skin of a non-Kosher animal

38) [line 29] GER SHE'CHAZAR L'SURO - a convert who returned to his previous non-Jewish lifestyle [but who knows that the Torah needed to be written Lishmah, and he actually wrote it Lishmah]

39) [line 31] TARPE'IK - Victoriatus = Quinarius, half a Dinar (a "Sela Medina," a Sela of Kesef Medinah, provincial coinage, the value of which is one-eighth of Kesef Tzuri, the denominations of coins used in Tzor). The Gemara identifies this coin also with the term Istira

40) [line 33] TAYATA - Arabian woman
41) [line 33] CHAYSA D'TEFILEI - a small pouch containing Tefilin
42) [line 34] YEHAVT LI REISH REISH B'TAMREI? - Would you give me those pairs [of Tefilin] in exchange for some dates?

43) [line 34] IMALYA ZIHARA - she filled up with rage
44) [line 35] SHAKLA, SHADESINHU B'NAHARA - she took [them and] threw them in the river

45) [line 35] AMAR, "LO IBA'I LI L'ZALZULINHU B'APAH KULEI HAI" - he said, "I should not have belittled her as openly as that."

46) [line 37] HA'MOTZI ES ISHTO - one who divorces his wife

47a) [line 37] MISHUM SHEM RA - because of a rumor that she committed adultery, i.e. he divorced her because he did not want to be married to a woman about whom rumors are spread
b) [line 38] MISHUM NEDER - because of a vow that she made, i.e. he divorced her because he did not want to be married to a woman who is in the habit of making vows

48) [line 40] KOL NEDER SHE'TZARICH CHAKIRAS CHACHAM - any vow for which the investigation of a Chacham is needed to annul the vow (HATARAS NEDARIM - Revoking vows)
(a) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.
(b) There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).

49) [line 41] V'SHE'EINO TZARICH CHAKIRAS CHACHAM - any vow for which the investigation of a Chacham is *not* needed to annul the vow, but rather the father or husband may annul it (HAFARAS NEDARIM - Annulling vows)
(a) A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.
(b) A father may annul his daughter's vows while she is young, starting from the age at which her vows are valid (11 years old) until she becomes a Bogeres (six months after she becomes a Na'arah by growing two pubic hairs). If the father marries her off before she becomes a Bogeres, during the period of Eirusin both the father *and* the husband, or "Arus," must annul the vows in order for the annulment to be effective. After the consummation of the marriage through Nisu'in, the husband may annul the vows by himself. The father no longer has rights over her vows after her marriage, even if she is divorced before becoming a Bogeres.
(c) Nobody may annul the vows of a woman if she is an unmarried Bogeres, or if she is an unmarried Na'arah who was *once* married or who has no father. Instead, her Nedarim must be revoked through *Hataras* Nedarim (see previous entry).
(d) If the father or husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through *Hataras* Nedarim after Hakamah, see Insights to Nedarim 69:1:a:1.)

50) [line 44] KONAM (KINUYIM)
(a) A person can create a Neder (a vow) or Shevu'ah (and oath) with a Kinuy, an expression using a corrupted form of a word, such as "Konam" instead of "Korban" or "Shevusa" instead of "Shevuah" (Nedarim 2a).
(b) The Amora'im argue as to whether these expressions are actual words in foreign languages that are loosely based on the Hebrew vocabulary, or whether they are expressions that the Chachamim instituted for the specific purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable to use Kinuyim when making a Neder rather than the proper Hebrew term, so that one should not come to utter the Name of HaSh-m in vain (ibid.); if one uses the proper Hebrew term it is more likely that one will utter the Holy Name along with it by association.
(c) "Konam Im Eini Megarshech" means "[All fruits] should be prohibited to me like a Korban if I do not divorce you," as the Gemara explains (below, Daf 46b).

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