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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 cannibals)
*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 prohibited

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 (ARUCH)

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 them]
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 botanist -MK.)
(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.

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 source)

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 overlooked.

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 Shamayim.
(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 Halachic matters.


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 on Bereirah.

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.

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

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