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Previous daf Gitin 47
GITIN 47 (2 Nisan) - Dedicated l'Iluy Nishmas: R' Zev ben R' Aharon (Milner)
zt'l, the Rav of Serenik (Byelorussia) by his great-granddaughter, Chani
(Pogrow) Shaw and family.
1) [line 1] PIRKAN! - Redeem me!
2) [line 4] KETALA - [the inevitability of his] killing (since they are
*3*) [line 4] YISRAEL MUMAR - (lit. a Jewish apostate, a person who does not
keep the laws of the Torah) as is evident from RASHI DH Eima, the Gemara is
referring to a Min, a Jewish infidel or idolater
4) [line 8] SHAVIK HEITEIRA, V'ACHIL ISURA - [when given the choice, it was
witnessed that] he passed up food that was permissible and ate food that was
5) [line 8] ZIL - go away
6) [line 8] LO KA SHAVKEI LI D'AFARKINACH - they do not let me redeem you
7) [line 10] CHAISA V'GALGALTA - a pouch that contained a heavy marble stone
or lead weight
8) [line 11] GEMIREI - it is known
9) [line 11] YOMA BASRA - [on] the last day [of their victim's life] (i.e.
on the day that they intend to kill and eat their victim)
10) [line 12] KI HEICHI D'LEICHIL DAMEI - (a) so that he will pardon them
for [spilling] his blood (RASHI); (b) so that his blood will be sweetened
11) [line 14] AKAMTINCHU V'OSVINCHU - tie all of you up (both hands and
feet -- ARUCH) and sit all of you down
12) [line 14] EMCHEI CHAISA U'FALGA - I will hit him with "a blow and a
half" [from my pouch]
13) [line 16] KAD MACHYEI CHAD CHAISA - when he had just given each one of
them just one "blow"
14) [line 16] NAFAK NISHMASEI - (lit. he soul left him) he died
15) [line 17] CHARKINEI L'SHINEI - he (Reish Lakish) gnashed his teeth [at
16) [line 17] ACHUCHEI KA MECHAICHAS BI! - You are making fun of me!
17) [line 18] AKATI PASH LACH GABI PALGA D'CHAISA! - You still owe me [the
opportunity of hitting you with] "half a blow!"
18) [line 20] LO BA'IS MIDI L'MIZGA ALEI? - Do you not need something upon
which to lie down (e.g. a cushion or bolster)?
19) [line 21] KEREISI KARI - my belly is my cushion: (a) he usually lay on
his stomach (TOSFOS); (b) when he became weary, his head would slump down
towards his belly (YT)
20) [line 21] KI NACH NAFSHEI - when he passed away
21) [line 21] SHAVAK KAVA D'MORIKA - he left over a Kav of Morika (saffron).
1 Kav = 4 Lugin = 24 Beitzim = 1.20, 1.38, or 2.4 liters, depending upon the
differing Halachic opinions)
22) [line 22] "...V'AZVU L'ACHERIM CHEILAM," - "[For when he sees that wise
men die, that the fool and the stupid alike perish,] and leave their wealth
to others," (Tehilim 49:11) - Reish Lakish considered it a pity to leave
over even this small amount of "wealth."
23) [line 24] BIKURIM
(a) The Mitzvah of Bikurim consists of bringing the first fruits to emerge
in one's field every year to the Beis ha'Mikdash. While the basket is on his
shoulder, the owner recites the *Mikra Bikurim*, specific verses from
Devarim (26:3, 5 - 10) thanking HaSh-m for taking us out of Egypt and giving
us the land of Yisrael. He then places the basket of fruit at the base of
the southwestern corner of the Mizbe'ach (RAMBAM Hilchos Bikurim 3:12) and
bows down before HaSh-m. Afterwards, he gives the Bikurim to a Kohen
(Mishnah Bikurim 3:8, RAMBAM ibid. 3:1).
(b) The Mitzvah of Bikurim applies only to the seven species with which the
land of Eretz Yisrael was blessed (Devarim 8:8) -- wheat, barley, grapes,
figs, pomegranates, olives and dates (Bikurim 1:3, RAMBAM ibid. 2:2).
(Although many other types of produce now grow in Eretz Yisrael, these are
the *only* species of produce truly indigenous to Yisrael. Other,
"immigrant," species can be destroyed by drought or harsh weather, but these
7 species will always be part of the land -- heard once from a leading
(c) In certain instances, the owner only brings the fruit, without reciting
the declaration (Mevi v'Eino Korei). For example, if he brings them between
Sukos and Chanukah, he does not recite the verses (see Gemara Pesachim 36b
and Rashi there).
(d) Kohanim eat the Bikurim within the walls of Yerushalayim. If a person
eats them outside of Yerushalayim after the Bikurim have entered
Yerushalayim (according to the Rambam, or after the Bikurim have entered the
Azarah according to Rashi in Makos 18b), he receives Malkos. They must be
brought back into Yerushalayim and eaten there.
24) [line 25] EIN KINYAN L'OVED KOCHAVIM B'ERETZ YISRAEL L'HAFKI'A M'YDEI
There is an argument among the Amora'im as to whether the produce that
Nochrim grow in Eretz Yisrael is exempt from tithes. According to the
opinion that rules that the produce is exempt (and the RAMBAM rules as
such -- see Hilchos Avodah Zarah 10:3), selling or renting them fields in
effect removes the inherent Kedushah (sanctity) of the land.
25) [line 29] LACHPOR - to dig
26a) [line 29] BOROS - wells that are dug in the ground
b) [line 29] SHICHIN - elongated ditches
c) [line 29] ME'AROS - caves (usually leading to a spring or water
27) [line 32] DEGANCHA - your corn, grain (Devarim 12:17, 14:23, 18:4)
28) [line 35] LA'SH-M HA'ARETZ - the land belongs to HaSh-m (Tehilim 24:1)
29) [line 36] DIGUNCHA - your "Digun." Digun is the act of heaping grain
into a pile and leveling off ("Miru'ach") the pile, classifying it as
"Dagan," which necessitates separating Terumos u'Ma'asros
30) [line 38] LEKET
"Leket" refers to individual (one or two) stalks of grain that inadvertently
slipped out of the reaper's hand while he harvested them (by cutting them
underneath with a sickle) or while he uprooted them (if he is not using a
sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem).
Such stalks may not be retrieved by the owner but must be left for the poor,
as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket...le'Ani
vela'Ger Ta'azov Osam." - "Do not pick up the individual stalks that have
fallen from the harvest...you shall leave them (the gifts of Pe'ah, Leket,
Olelos and Peret) for the poor and the stranger." If three stalks fall
together, they are not considered Leket and may be retrieved by the owner.
31) [line 38] SHIKCHAH
If one or two bundles of grain were forgotten in the field when the other
bundles were collected, they must be left for the poor, as described in
Devarim (24:19). Also, one may not backtrack to harvest a row previously
32) [line 38] PE'AH
The corner, or end, of the harvest must be left in the field for the poor,
as it states "Lo Sechaleh Pe'as Sadecha Liktzor...le'Ani vela'Ger Ta'azov
Osam." - "Do not completely harvest the corner of your field...you shall
leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and
the stranger." (Vayikra 19:9-10)
33) [line 39] 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
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
34) [line 48] AD SHE'LO HEVI'AH SHELISH - [the point at which they will be
obligated in Ma'aser because they belong to a Jew is] (a) when they have
grown a third of their total growth (RASHI); (b) when they have grown to the
extent that if they are ground or pressed they will produce a third of the
amount of flour, oil or juice that they would produce after they are fully
grown (BARTENURA to Ma'asros 1:3)
35) [line 51] SURYA - Syria; areas from modern-day Syria that were conquered
by David ha'Melech
36) [line 51] KIBUSH YACHID LO SHEMEI KIBUSH - lit. the conquest [at the
initiative] of a single individual is not considered a conquest
There is a Machlokes whether or not an area, such as Suyra, which was
captured through a private conquest, becomes part of Eretz Yisrael for all
37) [line 1] TEVEL (TERUMOS AND MA'ASROS)
See above, entry #33:b.
38) [line 4] BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im
as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e.
Bereirah doesn't work). Bereirah means making one's action contingent
retroactively on future events. Examples of this are: selling an object on
the condition that it rains tomorrow; buying or selling *today* an object
that will be selected tomorrow. "Ein Bereirah" means that such a stipulation
does not work. An action cannot be contingent on a future event. The Ran
(Nedarim 45b) explains the logic of this rule by saying, "It is not proper
for something to take effect, when there remains a doubt on *what* it will
take effect" (See Insights to Chulin 15:2.). "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question
that the action works -- even if the people involved in the action are not
aware as to whether the past event did or did not take place. Example: If a
person makes two Eruvei Techumin before sundown on Erev Shabbos, in two
different directions, and stipulates "if my Rebbi is *presently* staying in
a village towards the East, I would like the Eastern Eruv to work, if not, I
would like the Western Eruv to work." The man making the Eruv may not know
where his Rebbi is, but when he finds out, the Eruv will have taken effect
on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an
action "on the condition that..." (b'Tenai). For example, a man may buy or
sell an object or divorce his wife on the condition that the other party
pays or does whatever the first party specifies. If the condition is not
kept *in the future*, the sale or divorce is annulled. This situation is not
called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding
Biblical questions (mid'Oraisa), we assume that Bereirah does not work
(l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely
39) [line 12] KA MAKREI U'MEZABNEI - it would happen that Jews sold [their
field to Nochrim]
40) [line 14] MAN D'LO SAGI LEI, MEZABAN - someone who did not have the
means [to redeem a field], would sell [his field to Nochrim]
41) [line 14] KA MISHTAK'AN B'YAD OVDEI KOCHAVIM - the land remained in the
hands of the Nochrim for a long time
42) [line 16] HA'MOCHER SADEHU L'FEIROS - one who sells his field only for
the rights to the fruits
43) [line 17] MEVI V'KOREI
See above, entry #23.
44) [line 18] KINYAN PEIROS K'KINYAN HA'GUF DAMI
Rebbi Yochanan and Reish Lakish argue (in Bava Basra 136a) as to whether
buying fruits that will be produced (e.g. the fruits of a tree or the slaves
to which a maidservant will give birth) gives the owner of the fruits a
certain amount of Halachic ownership in the object that bore the fruits.
45) [line 21] "UL'VEISECHA" - "[And you shall rejoice in every good thing
HaSh-m...has given to you,] and to your house, [you, and the Levi, and the
stranger who is among you." (Devarim 26:11) - "Your house" refers to one's
wife (see Shabbos 118b)
46) [line 32] BETZARAN - he harvested grapes
47) [line 32] SHEGARAN - he sent them
48) [line 33] V'LAKACHTA V'HEVEISA - the words "v'Lakachta" and "*Tavi*"
from the verse dealing with Bikurim, "V'LAKACHTA ME'REISHIS KOL PRI
HA'ADAMAH ASHER TAVI ME'ARTZECHA..." - "And you shall take of the first of
all the fruit of the earth, which you shall bring from your land [that
HaSh-m...gives you, and shall put it in a basket, and shall go to the place
which HaSh-m...shall choose to place His Name there.]" (Devarim 26:2)
49) [last line] AZDU L'TA'AMAIHU - and they (Rebbi Yochanan and Reish
Lakish) each follow their own reasoning elsewhere