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Gitin 53

GITIN 53-55 - 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 1] KENASA - a penalty (as opposed to actual reparation for damages rendered)

2) [line 4] KA MAFSID LAH L'GAMREI - he totally destroys its value (since Terumah which is Tamei may not be eaten by anyone)

3) [line 5] ASUR LIGROM TUM'AH L'CHULIN SHEB'ERETZ YISRAEL - it is prohibited to cause Chulin in Eretz Yisrael to become Tamei. This is because of the Perushim in Eretz Yisrael who eat Chulin in a state of Taharah.

4) [line 24] HEZEK SHE'EINO NIKAR - unrecognizable damage (damage caused by changing the status of the item)
Hezek she'Eino Nikar is non-physical damage, such as the damage done by causing an object to become Halachically prohibited or invalidated for a particular use. The Tana'im argue whether a person may be held liable for such damages.

5) [line 25] KEDEI SHE'YODI'O - so that he should notify the owner
6) [line 26] L'OZOKEI - to cause him a loss

7a) [line 32] HA'KOHANIM SHE'PIGLU - Kohanim who disqualified a sacrifice through a Machsheves Pigul

b) [line 33] SHE'PIGLU (PIGUL)
(a) A sacrifice that was slaughtered with the intention of eating it or offering it after its allotted time becomes disqualified. It is forbidden to eat from such a Korban as it states in Vayikra (7:18), "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh." - "If [the person bringing the offering plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor."
(b) If a person eats Pigul intentionally he is Chayav Kares. If he eats it unintentionally he must bring a Korban Chatas (SEFER HA'CHINUCH Mitzvah 144). If a person eats the blood of a Korban that is Pigul, he does not transgress this prohibition.

8) [line 34] TIKUN HA'OLAM - (lit. for the betterment of all the world) The Chachamaim made an enactment to exempt a Kohen from paying for a Korban which he invalidated accidentally through Pigul, so that he will not be afraid to inform the owner (this is according to the Maskana; according to the Havah Amina, the enactment was made to *obligate* a Kohen to pay for intentionally invalidating a Korban through Pigul, so that the Kohanim would not become accustomed to doing so).

9) [line 39] MEI CHATAS (HAZA'AS MEI CHATAS - The water containing the ashes of the Parah Adumah)
If a person (or utensil) became Tamei through touching a Mes, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches (hyssops) that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)

10) [line 39] PARAS CHATAS
The Parah Adumah, an exclusively red-haired female cow is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches and a piece of crimson wool are thrown into the carcass of the cow while it is burning. (Bamidbar 19:1-22)

11) [line 43] RIVKAH - a stall
12) [line 43] SHE'TINAK - in order that it should nurse
13) [line 43] V'SADUSH - and it should thresh
14) [last line] SHE'SHAKAL BAHEN MISHKALOS - he used the Mei Chatas to measure things (i.e. the Mei Chatas was on one side of the scale and its weight was known, and he used it to weigh another item by placing it on the other side of the scale)


15a) [line 2] B'GUFAN - (lit. with their body) with the actual Mei Chatas (he used the Mei Chatas as the water in weighing meat through the displacement of the water)
b) [line 2] B'CHENEGDAN - (lit. with that which corresponds to them) with the weight of the Mei Chatas (but not with the Mei Chatas itself; he used the Mei Chatas as the known weight on one side of the scale)

16) [line 4] B'DINEI ADAM - in the laws of man (i.e. Beis Din)
17) [line 5] D'ASACH DA'ATEI - he took his mind off guarding the Mei Chatas
18) [line 7] NIFSAL - it was taken out of circulation (by the government)
19) [line 7] CHAMETZ, V'AVAR ALAV HA'PESACH - [he stole] Chametz (leavened bread), and Pesach passed. Chametz which was in the possession of a Jew during Pesach is prohibited to eat and to derive pleasure from due to a Gezeirah d'Rabanan.

20) [line 10] MAMONA MA'ALYA - [he should be obligated to pay back] real money (i.e. the actual value of the item at the time that he stole it)

21) [line 22] HA'MEVASHEL B'SHOGEG YOCHAL - one who cooks inadvertently [on Shabbos] may eat the food (according to Rebbi Meir)

22) [line 26] B'SHOGEG YE'ACHEL L'MOTZA'EI SHABBOS L'ACHERIM - [if done] inadvertently, the food may be fed to others on Motza'i Shabbos (according to Rebbi Yochanan ha'Sandler

23) [line 32] CHUMRA D'AVODAS KOCHAVIM - because of the severity of the sin of idolatry

24) [line 36] MIVDAL BEDILEI MINEI - people stay away from it
25a) [line 38] HA'NOTE'A - one who plants a sapling
b) [line 38] YE'AKER - it must be uprooted

26) [last line] MONIN LI'SHEVI'IS - people count the years of Orlah and Neta Reva'i according the years of the Shemitah cycle (ORLAH / NETA REVA'I)
(a) In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkos. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkos (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkos. (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8)
(c) The fruits of the fourth year are called Neta Reva'i and are Kodesh (holy) (ibid. 19:24). They must be brought to and eaten b'Taharah in Yerushalayim. Alternatively, the fruits may be redeemed (Pidyon), in which case the money used to redeem them is brought to Yerushalayim. The food that is bought with this money is Kodesh like Neta Reva'i and must be eaten b'Taharah in Yerushalayim. The process of redeeming the fruits of Reva'i for money is called "Chilul" (lit. "making them un-holy").

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