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Gitin 50

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 6] AREV DICH'SUVAH - the guarantor of the Kesuvah debt
2) [line 8] MITZVAH HU D'AVAD V'LO MIDI CHASRAH - he (the guarantor) is doing a Mitzvah (by enabling and encouraging the couple to get married), and she loses nothing (by consenting to the marriage)

3) [line 9] ME'IKARA D'TAKANTIN - from the essence of our decree (that the woman collects her Kesuvah from Ziburis)

4) [line 11] HAI MISHUM D'YASMEI HU - this (that she collects her Kesuvah only from Ziburis) is because of [the fact that she is collecting her Kesuvah from] the orphans

5) [line 14] SHEVACH - the Idis land (the highest quality land)
6) [line 19] "BA'CHUTZ TA'AMOD; VEHA'ISH ASHER ATAH NOSHEH BO YOTZI ELECHA ES HA'AVOT HA'CHUTZAH" - "You shall stand outside; and the man to whom you have lent will bring to you the collateral outside." (Devarim 24:11)

7) [line 20] PACHUS SHEB'CHELIM - the utensils of least value (the cheapest utensils)

8) [line 23] UKMUHA RABANAN AD'ORAISA - the Rabanan established the law in accordance with the Torah law

9) [line 25] AVRAM CHOZA'AH - Avram from Mechoza, a district of Bavel on the caravan road, along the Tigris River and its canals, which was a large Jewish trading town

10) [line 36] SHAFAI IDIS - Idis land that has become ruined (literally that has "jumped away," such as by being taken by robbers or becoming flooded, -Rashi)

11) [line 43] D'LO MASIK A'DA'ATA - because it does not enter his mind
12) [line 45] D'HAVAH LEI NO'EL DELES - it would create a situation in which no one would lend money (literally "lock the door")

13) [line 46] YESOMIM SHE'AMRU - the orphans which they (the Rabanan) talked about (when they said that a creditor may collect only from the Ziburis of orphans)

14) [line 48] D'GADOL B'MILEI D'AVUHA K'KATAN DAMI - for an adult [orphan] is like a minor with regard to the matters of his father


15) [line 4] B'MATANAH HEI'ACH - with regard to a gift, what is the Halachah (may the giver's lender collect the gift of land from the recipient, or must he collect the Ziburis from the borrower himself)?

16) [line 5] MISHUM PESEIDA D'LEKUCHOS - because of potential loss to buyers

17) [line 10] SHECHIV MERA - A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (see Background to Gitin 13:7), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place. If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.

18) [line 18] V'AF AL GAV D'KAMA BEINONIS U'VASRA ZIBURIS - and even though the [land that the] first [recipient received] was Beinonis, and the last [one received] Ziburis (the lender still collects from the Ziburis and not from the Beinonis)

19) [line 21] TENU B'CHOVI - "give [the money as payment] for my debt"
20) [line 21] V'LECHEZEI SHETARA D'MAN KADIM - we should just look and see whose deed of debt came first

21) [line 23] SHETAR PEKADTA - a deed of instruction (in which the Shechiv Mera instructs how to divide his property)

22) [line 25] EIN NIFSAD ELA ACHARON - there is no one who loses except for the last recipient

23) [line 25] D'SHAVU CHULHU L'HADADEI - that all of them (the plots of land) are equal in value to each other

24) [line 27] LEFI SHE'EIN KESUVIN - because it is not written (i.e. the seller's obligation to pay back the buyer if the fruits of the land are seized is not written)

25) [line 29] DECH'MAN DI'CHESIVEI DAMU - (there is the obligation of a man to provide sustenance to his wife and daughters after his death) which is considered as though it is written (even though it is not written)

26) [line 30] ME'IKARA HACHI ASKUN - originally, this is how it was established

27) [line 37] LEFI SHE'EIN KETZUVIN - because it is not fixed (the amount of fruit that could be seized is unlimited)

28) [last line] KETZUVIN U'CHESUVIN BA'I - does he (Rebbi Chanina) require [that the amount of the fruits be both] a fixed amount and written?

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