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Gitin 46

GITIN 46 - Marcia and Lee Weinblatt of New Jersey have dedicated this Daf in memory of Marcia's mother, Esther Friedman (Esther Chaya Raizel bat Gershom Eliezer) and father, Hyman Smulevitz (Chaim Yisochar ben Yaakov).

1) [line 2] MISHUM KILKULA - because of [the fear that her first husband will] ruin [her second marriage and her children from her second marriage, as the Gemara below quotes from a Beraisa]

2) [line 13] BADA'IN - false
3) [line 27] "V'LO HIKUM BENEI YISRAEL KI NISHBE'U LAHEM NESI'EI HA'EDAH..." - "And the people of Yisrael did not kill them, because the princes of the congregation had sworn to them..." (Yehoshua 9:18) - In the times of Yehoshua, the Giv'onim (a people of the Chivi, one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water.

4) [line 31] V'HAI D'LO KATLINHU - and the reason why they did not kill them is...

5) [line 32] RABIM - the word "Rabim" ("public") mentioned by Rebbi Yehudah in the Mishnah (Daf 45b, line 39)

6) [line 35] EDAH - assembly. Specifically, this refers to the comparison of the two words "Edah," one in the verse from Yehoshua 9:18 and one in the verse referring to the ten spies, who are called an "Edah Ra'ah" (Bamidbar 14:27)

7) [last line] KONEM
See Background to Gitin 45:50


8) [line 5] BAMAH
(a) A Bamah is a raised area used for sacrifices. Before the Beis ha'Mikdash was built (when the Mishkan was not in use), there were times when it was permitted to offer sacrifices on public altars (Bamas Tzibur or Bamah Gedolah) and private altars (Bamas Yachid) (see Insights to Pesachim 91:2).
(b) BAMAS TZIBUR: Only one public altar was in use at any particular time. At various times in our history, the Bamas Tzibur was in Gilgal (where the Mishkan stood before the land was completely conquered, until it was moved to Shiloh), Nov and Giv'on (after the Mishkan in Shiloh was destroyed, see Zevachim 112b). An individual could offer only voluntary sacrifices on a Bamas Tzibur. There is a difference of opinion among the Tana'im as to whether all communal sacrifices could be offered on a Bamas Tzibur or only the communal sacrifices that have a fixed time (Zevachim 117a).
(c) BAMAS YACHID: Any person, even if he was not a Kohen, could build a Bamas Yachid anywhere in Eretz Yisrael and offer upon it his personal sacrifices. Only voluntary sacrifices were allowed to be offered on a Bamas Yachid.

9) [line 10] AILONIS - a woman who is incapable of conception. This word is derived from the word "Ayil," a ram, which is a male sheep and does not have a womb (Kesuvos 11a)

10) [line 34] TENAI KAFUL - The two-sided conditional statement
(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. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a):
(b) According to those who rule that a Tenai Kaful is required, it must be double-sided ("Tenai Kaful"; i.e. both the positive and the negative sides of the condition must be explicitly stated) and the positive side must precede the negative side. For example, "If you do such-and-such, the Kinyan will take effect; *and if not, the Kinyan will not take effect.* (There is a Tana who argues, ibid., and does not require that a conditional statement be double-sided, since the inverse may be inferred from the first half of the statement -- mi'Chlal Hen Atah Shome'a Lav.) Another requirement is that the statement of the condition must precede the statement of the action.
(c) The format for conditional statements is learned from the condition that Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes in the wars of conquest of Eretz Yisrael proper (Kidushin 61a).
(d) There are Rishonim who write that even according to the opinion that a double-sided statement is necessary, it is not necessary under all circumstances:

1. According to some, if the words "Al Menas" ("on the condition that...") are included in the words of the conditional statement, it is considered as if the statement is double-sided, and the second side need not be stated explicitly (RAMBAM Hilchos Ishus 6:17).
2. There are those who are of the opinion that the rules governing the working of a Tenai only apply to Gitin and Kidushin, but not to sales and gifts (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).
(e) Even if the wording of the conditional statement is properly formulated, there are still certain instances in which a Tenai will not work. For example, the condition and the action cannot affect the same subject ("Tenai u'Ma'aseh b'Davar Echad," Gitin 75a); the condition must be physically possible to perform (ibid. 84a); and the condition must not be dependent upon the concept of Bereirah (according to the opinion that rules Ein Bereirah -- Gitin 25b, see Background to Beitzah 37:9). There are also rules as to which types of actions can be qualified by a Tenai. A Tenai can only be stipulated for the types of actions which one is able to perform through an agent (a Shali'ach), such as the purchase or sale of land or other objects, or such as effecting a marriage or divorce (Kidushin or Gerushin). When performing actions such as Chalitzah, which cannot be performed through a Shali'ach, a Tenai cannot be stipulated.
(f) If the Tenai is not formulated properly, or if it does not fulfill one of the above points, the Tenai is not valid and the action (that is the Kinyan) takes effect even if the parties do not fulfill the specified conditions. That is, the Tenai is disregarded.

11) [line 39] BENEI BEI MICHSEI - the people of Bei Michsei, possibly Makesin, a city on the Habor River, a tributary of the Euphrates

12) [line 39] YAZFEI ZUZEI - borrowed money
13) [line 40] V'LO HAVAH LEHU L'MIFRA'INHU - and did not have the means to pay them back

14) [line 40] KA GARVEI LEHU - they were going to apprehend them and make them their slaves

15) [last line] LUDA'EI - cannibals from Lud, Lydia, a district of Asia Minor

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