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Gitin 52

GITIN 52 - sponsored by Hagaon Rav Yosef Pearlman of London, England, a living demonstration of love for and adoration of the Torah.

1) [line 1] YESOMIN SHE'SAMCHU ETZEL BA'AL HA'BAYIS - orphans who are supported by a householder (who is in charge of their property)

2) [line 2] APOTROPOS - (O.F. seneschal) steward, manager of the household (RASHI to Sukah 27a)

3) [line 3] L'ASER (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.

4) [line 3] MINAHU AVI YESOMIM - the father of the orphans appointed him
5) [line 4] MINUHU BEIS DIN - the Beis Din appointed him
6) [line 5] CHILUF HA'DEVARIM - the opposite of the matter
7) [line 8] SHUTFIN - partners
8) [line 8] ARISIN - hired field laborers who receive a percentage (1/2, 1/3 or 1/4) of the produce of the field

9a) [line 11] L'HA'ACHIL - [food with which] to feed [the orphans now]
b) [line 11] L'HANI'ACH - [food which is] to be left [in the storehouse for later]

10) [line 20] TANCHUMEI AVELIM - (comforting mourners)

(a) While a person mourns for a close relative, it is a Mitzvah mid'Rabanan to comfort him by saying "ha'Makom Yinachem Eschem b'Soch She'ar Evlei Zion vi'Yerushalayim" (HaSh-m should comfort you among the mourners of the Beis ha'Mikdash and Yerushalayim) or "Tenuchamu Min ha'Shamayim" (You will be comforted by HaSh-m). The mourners accept Tanchumin at the cemetery after the burial, and in the house of mourning for seven days afterwards. (RAMBAM Hilchos Avel 13:2; Shulchan Aruch Yoreh De'ah #376)
(b) Tanchumei Avelim, in the context of our Gemara, is considered an expense that has no limit, because it was the practice to have an abundance of food and drink at the house of the mourners (as in Moed Katan 27b and Kesuvos 8b; YA'AVETZ).

11) [line 21] LA'CHUV AL MENAS LIZKOS - to obligate [the Yesomim] in court, when his intention was to gain for them

12) [line 21] LIMKOR B'RACHOK V'LIG'OL B'KAROV - to sell a field that is far away, and to redeem a field that is nearby. If an Apotropos sells a field (of the Yesomim) that is nearby, and then later desires to redeem it (buy it back, in accordance with the laws of "Sdeh Mikneh," in Vayikra 24:15-16 and 25-28, and Maseches Erchin 30a) but does not have cash available to buy it back, he may not sell a field that is far away in order to use the proceeds to buy back the field that is nearby.

13) [line 21] B'RA'AH V'LIG'OL B'YAFAH - to sell a field that is inferior, and to redeem a field that is superior. If an Apotropos sells a field (of the Yesomim) that is of high, superior quality, and then later desires to redeem it (buy it back, in accordance with the laws of "Sdeh Mikneh," in Vayikra 24:15-16 and 25-28, and Maseches Erchin 30a) but does not have cash available to buy it back, he may not sell a field of low, inferior quality in order to use the proceeds to buy back the field that is of superior quality.

14) [line 22] MISHTADFIN - they will become struck with blight
15) [line 24] MESHAFYAN - at ease (i.e. no one is objecting with regard to the rightful owneship of the land)

16) [line 27] V'TZARICH L'CHASHEV IMAHEN BA'ACHARONAH - and he (the Apotropos) is required to make a reckoning with them later. When the Yesomim reach adulthood, the Apotropos must make an oath to them that he did not keep any of the money for himself.

17) [line 28] B'SHIVEVUSEI - in the neighborhood of
18) [line 28] HAVAH KA MAZBIN AR'ASA - who was selling land
19) [line 29] ACHAVU LEI B'CHELMEI - they showed him in a dream
20) [line 29] ANI L'HAROS V'ATAH LIVNOS - I am trying to destroy them (because they (the heirs) are Resha'im, or their father was a Rasha), and you are trying to build them up!

21a) [line 30] LO ASHGACH - he did not pay attention
b) [line 30] DIVREI CHALOMOS LO MA'ALIN V'LO MORIDIN - the words (messages) of dreams do not have any legal effect

22) [line 31] D'IGRU BEHU SATAN - the Satan started up with them
23) [line 31] BEI SHIMSHEI - Friday before sunset
24) [line 31] MINTZU - quarrel
25) [line 32] AKVIN'HU - he prevented them from quarreling
26) [line 33] VAI - woe!
27) [line 33] D'AFKEI REBBI MEIR - Rebbi Meir drove him out
28) [line 37] SAVTA - elderly woman
29) [line 37] TORSA - an ox
30) [line 39] AYAKAR - appreciated (in value)
31) [line 40] NEKITEI DEMEI - holding the money
32) [line 42] CHAMREI - his wine

When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal, Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used for Metaltelin (movable goods) are: 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain (see Mishnah, Bava Basra 42a).

34) [line 43] V'KAM - and became worth
35) [line 45] MESHOCH PEIREI - they (the buyers) made a Kinyan Meshichah on the fruits [that belonged to Yesomim]

36) [line 47] AMSHICHU LEHU - they made a Kinyan Meshichah for them (the Yesomim)


37) [line 10] KERAGA - head-tax

38) [line 11] ACHRAZTA (HACHRAZAH)
(a) Before Beis Din sells the property inherited by orphans to pay a debt of their father, they must first estimate the value of the property and then announce for thirty consecutive days or for a period of sixty days on Mondays and Thursdays that they are selling the property of orphans. They make the announcements in the morning and the evening at the time that workers are going to and coming back from work. The announcements in the morning are made so that a prospective buyer asks his worker to evaluate the property on his way to work; the announcements in the evening are made to remind the prospective buyer about the property so that he will ask his worker how much the property produces.
(b) At the time that the announcements are made, the distinguishing marks and the boundaries of the property are announced. Likewise, Beis Din announces the amount that the field produces, the estimated value, and the reason that it is being sold (whether to pay back a loan or to pay the Kesuvah of a widow. Some people prefer to pay a creditor because he will accept imperfect coins as payment, and some people prefer to pay a widow since she usually gets paid in small installments.)
(c) If Beis Din sold the property without a Hachrazah, the sale is invalid and the property has to be sold again with a Hachrazah. However, if Beis Din is selling the property in order to pay the head-tax of the orphans, to pay for the food of the widow or orphans, or to pay for the burial of the father or orphans, they do not make a Hachrazah, because there is no time to spare. (Erchin 21b, RAMBAM Hilchos Malveh v'Loveh 12:8, 10-11)

39) [line 11] AMRAM TZABA'A - Amram the dyer
40) [line 14] KI HEICHI D'LISHTAM'AN MILEI - in order that his words will be heeded
41) [line 15] V'LO (AMUD) [AMID] - he is not estimated to be a wealthy man (but rather he must be spending the money of the Yesomim)

42) [line 16] MAFSID - he is causing damage to the property of the Yesomim
43) [line 17] V'ISLAKINEI - and I will remove him
44) [line 26] L'AMNU'EI - to abstain (from becoming an Apotropos)
45) [line 31] D'INISH MEHEIMNA HU - that he is a trustworthy person

46) [line 39] NOSEI SACHAR - the Apotropos has the status of a salaried watchman (and thus he must make an oath).
One of the "Four Watchmen" listed in Bava Metzia, the Nosei Sachar, or Shomer Sachar, is one who is paid to watch an article. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident).

47) [line 39] AT AISAS KAVA V'CHAILAS LEI - did you bring [to the Apotropos] a measuring basket and measure to him [his wage]? (I.e. he does not receive any wage.)

(a) All objects belong to one of three categories:

  1. Sources of Tum'ah
  2. Objects that can become Tamei
  3. Objects that cannot become Tamei
(b) All sources of Tum'ah are called Av ha'Tum'ah, except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah."
(c) When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah. (Liquids are an exception to this rule. The Chachamim decreed that liquids should always be a Rishon, even if touched by a Sheni.)
(d) A Sheni L'Tum'ah cannot make Chulin Tamei mid'Oraisa. Even mid'Rabanan, there is no such thing as Shelishi L'Tum'ah with regard to Chulin. Terumah, however, can become a Shelishi L'Tum'ah. (Also, if someone guarded his Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin she'Na'asu Al Taharas Terumah," and can become a Shelishi.)
(e) Terumah that is a Shelishi l'Tum'ah cannot make other Terumah Tamei. However, it may not be eaten. It is referred to as "Pasul" (invalid) rather than "Tamei." Kodesh (objects associated with the sacrifices) that is touched by a Shelishi l'Tum'ah can become a Revi'i. A Revi'i of Kodesh is also called "Pasul."

49) [line 40] HA'MEDAME'A (One who mixes Terumah into Chulin)
(a) If Terumah is mixed into Chulin, the entire mixture becomes prohibited. The Terumah only becomes Batel (canceled) if one part of Terumah falls into at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah that fell in must first be removed.
(b) If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as *Meduma* (lit. mixed) and is forbidden to be eaten by non-Kohanim.
(c) According to Tosfos in Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur.

(a) Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu *Yein Nesicham*" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.
(b) The Chachamim prohibited the wine of a Nochri that was *not* poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah. Although this is only an Isur mid'Rabanan, it is a very severe prohibition (see Chochmas Adam 75:1).

51) [line 41] ME'AREV - one who mixes Yayin Nesech in Kosher wine

52) [line 42] KAM LEI BED'RABAH MINEI - literally, "he remains with the worse of them" (that is, a more severe punishment exempts one from the less severe one)
When one performs a single act from which he incurs two punishments, or a punishment and a monetary liability, the more severe punishment exempts the sinner from the less severe one. (See Background to Kesuvos 33:16.)

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