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Gitin 49

GITIN 49 & 50 - 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 7] D'HA'ICH D'KA MESHALEM - of the one who is to pay
2) [line 8] AHANI GEZEIRAH SHAVAH, V'AHANI KRA - the Gezeirah Shavah works [to teach that we assess the quality of the land based on the land of the Nizak], and the verse works [to teach that we assess the quality of the land based on the land of the Mazik]

3) [line 13] D'NAGCHEI TORA DIDAN L'SORA D'HEKDESH - that our (unsanctified) ox gored an ox of Hekdesh (sanctified to be the property of the Beis ha'Mikdash]

4) [line 16] BEDEK HA'BAYIS - the upkeep of the Beis ha'Mikdash
5) [line 16] GIZBAR - the treasurer of the Beis ha'Mikdash

6a) [line 20] YAFEH KOCHO B'NIZAKIN - his (i.e. a lender's) power is greater in cases of collecting payment for damages [since he may collect from Idis]
b) [line 21] HURA KOCHO B'NIZAKIN - his (i.e. Hekdesh's) power is weakened in cases of collecting payment for damages [since Hekdesh may not collect from Idis]

7) [line 25] TAM and MU'AD
SHOR HA'MU'AD - An ox that gores two times (or less) is referred to as a Tam. The owner only pays half the value of the damages that his ox causes through goring. If the ox gored three times and the owner was informed and warned to guard his ox each time, the ox is termed a Mu'ad and from then on the owner has to pay the full value of the damages that his ox causes through goring (he is held more liable since it is now evident that the ox's nature has changed to that of a harmful and injurious animal, and its owner therefore knows that he must watch it well).

8) [line 25] NEZEK SHALEM - the value of the entire damage. See previous entry.


9) [line 6] REBBI SHIMON HI D'DARISH TA'AMA D'KRA - Rebbi Shimon used to suggest logical reasons for the Torah's commandments; this is the meaning of "Darish Ta'ama di'Kra," as in Yevamos 23a.

10a) [line 10] GAZLANIM - thieves
b) [line 10] CHAMSANIM - extortionists (i.e. those who snatch an article and force the owner to accept money for it)

11a) [line 17] EKFOTZ V'ALVENU - I will jump (i.e. be quick) and lend to him
b) [line 17] KEDEI SH'EGVENU B'CHOVI - in order that I can collect it (the nice property) from him as repayment for my debt

12) [line 19] IM KEN ATAH NO'EL DELES BIFNEI LOVIN - if so (if you say that lenders can only collect from Ziburis), then you are locking the door in the face of borrowers (since no lender will want to lend to them)

13) [line 24] ISHAH YOTZ'AH LI'RETZONAH VESH'LO LI'RETZONAH - a woman goes out (i.e. is divorced) both willingly and not willingly (against her will)

14) [line 26] KI MAPIK LAH IHU - when a man sends away (divorces) his wife
15) [line 27] KI NAFKA IHI - when she leaves (on her own)
16) [line 30] EFSHAR D'MASH'HI LAH B'GITA - it is possible for him (the husband) to delay giving her the Get

17) [line 33] MINEI DIDEI - [when she collects her Kesuvah] from him (the husband) himself

18) [line 35] EIN NIFRA'IM MINICHSEI YESOMIM ELA MIN HA'ZIBURIS - we do not collect from the property of orphans [in payment for their father's debts] except from Ziburis, the lowest quality land

19) [line 38] MISHUM CHINA AKILU RABANAN GABAH - [we would have thought that] the Rabanan were lenient with regard to a widow [so that the widow could collect the value of her Kesuvah from the Beinonis (average quality) land of the heirs, and not just from the Ziburis] (a) in order for men to find grace [in the eyes of women so that the women will agree to marry them] (RASHI); (b) so that women would agree to serve their husbands with all their hearts in order to find favor in the eyes of their husbands (ARUCH); (c) so that the widow will be wealthier and therefore find favor in the eyes of men, so that the men will want to marry her (TOSFOS DH Mishum)

22) [line 49] AREV - a guarantor of a debt (a loan or other liability)
23) [line 49] V'HAI KI DINEI, V'HAI KI DINEI - and this case is in accordance with its law, and this case is in accordance with its law

24) [line 50] ME'CHAYIM GAVU - they may collect during the lifetime (of the son, since the debt was incurred during his lifetime)

25) [line 51] LO MISHTA'ABED - he is not obligated to pay

26) [line 52] KABLAN - There are different levels of guarantors. A regular guarantor only has to pay back the loan, if the borrower cannot pay. An Arev Kablan may be approached by the lender to pay, even if the lender has not asked the borrower to pay yet. See Insights to Gitin 49:2.

27) [line 53] V'ISHTADUF - and they were ruined (Shidafon refers to black blight; alt., damage to the crops caused by searing, hot east winds)

28a) [last line] KOL L'GABEI BREI - anything with regard to his son
b) [last line] SHI'ABUDEI MESHA'ABED NAFSHEI - he certainly obligates himself (i.e. when a father accepts responsibility for his son's obligation, he obligates himself even when his son has no property at the time and it is likely that the father will have to pay)

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