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Gitin 54

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] NECHSHEDU - are suspect (to transgress)
2) [line 10] CHAMIRA LEHU SHEVI'IS - they are very serious (stringent) about the laws of Shevi'is

3) [line 11] DAYAR BAR DAYARTA - "you convert, son of a converted woman"

(a) After a crop is harvested and brought to the owner's house or yard, the owner must separate Terumah from the crop, which he gives to a Kohen. Kohanim and members of their households are allowed to eat Terumah, as long as they are Tehorim.
(b) If a non-Kohen eats Terumah without knowing that it is Terumah, he must replace what he ate in the form of a food that becomes Terumah (Tashlumei Terumah). He returns the Keren, the amount of Terumah that he ate, to the Kohen who owned the Terumah (see Insights to Pesachim 32:1). In addition, he is fined another Chomesh (fifth) of the ensuing total (i.e. a quarter of the value of what he ate). This Chomesh may be paid to any Kohen (Terumos 6:2), and is not necessarily given to the Kohen who owned the Terumah that was eaten.
(c) If the person ate Terumah in an abnormal fashion, such as by drinking olive oil, he only pays the value of the Terumah that was destroyed (i.e. the normal Halachah of damages applies to him, and not the laws of Tashlumei Terumah).
(d) A non-Kohen who eats or benefits from Terumah b'Mezid (intentionally) pays the value of the Terumah destroyed (i.e. the normal Halachah of damages applies to him, and not Tashlumei Terumah), and incurs the punishment of Misah b'Yedei Shamayim (Sanhedrin 83a).

5) [line 22] V'AMRI LAH KEDI - (a) and some say it was [asked by a sage named] Kedi (RASHI Gitin 85b); (b) and some say it was asked without a specific sage's name being mentioned (ibid.)

6) [line 23] MESHALEM KOL D'HU - he may pay anything -- that is, Chulin Tehorim or Teme'im (RASHI to Gitin 54a)

7) [line 33] LISHLUMEI KA MICHAVEIN - he has intention to pay (for the Terumah which he ate, and since he genuinely wants to rectify what he did, we should not penalize him)

(a) Tum'ah renders Korbanos unfit for being offered. Therefore, if the *blood* of a Korban becomes Tamei before it is cast on the Mizbe'ach (Zerikas ha'Dam), it becomes prohibited to do Zerikas ha'Dam. Similarly, Rebbi Yehoshua rules that if all of the *meat and Chelev* of a Korban becomes Tamei before Zerikas ha'Dam, it becomes prohibited to do Zerikas ha'Dam (Pesachim 77b). In addition, if the *Eimurim* or parts of a Korban that are to be offered on the Mizbe'ach, become Teme'im even after Zerikas ha'Dam, it becomes prohibited to offer them afterwards.
(b) However, all these laws apply only l'Chatchilah. B'Di'eved, if the Kohen did Zerikas ha'Dam b'Tum'ah and the Kohen Gadol was wearing the Tzitz at the time, the Tzitz makes the Kohen's Avodah acceptable. The Korban may be eaten and the owner has fulfilled his obligation. This Halachah is learned from the verse, "... l'Ratzon Lahem Lifnei HaSh-m." (Shemos 28:38). However, if the meat became Tamei, the Tzitz does not render it fit to be *eaten*.
(c) Korbenos Tzibur (public sacrifices) do not need the Tzitz to render them acceptable. If they become Teme'im through one of the above-mentioned Tum'os, they may be offered l'Chatchilah. Also, if all of the Kohanim are Teme'im, they may offer Korbanos l'Chatchilah. These Korbanos, however, even thought they were offered b'Tum'ah, may not be eaten (with the exception of the Korban Pesach, which is a Korban Tzibur that may be offered b'Tum'ah and also eaten b'Tum'ah).

9) [line 36] LICHPUREI KA MICHAVEIN - he has intention to gain atonement
10) [line 39] L'SAKUNEI KA MICHAVEIN - he has intention to rectify
11) [line 43] L'TAHUREI MANEI KA MICHAVEIN - he has intention to make his utensils Tahor


12) [line 1] NAFLU V'NISPATZ'U - they fell [into the mixture] and then were cracked
(a) ORLAH - 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. If Orlah (or Kil'ei ha'Kerem) falls into permitted food and there was 200 parts of permitted food to one part Orlah, the entire mixture is permitted to be eaten. If it fell into less than 200 parts of permitted food, the entire mixture is prohibited.

(b) DAVAR CHASHUV - When a forbidden object is mixed with a permitted object, and most of the mixture is permitted, the entire mixture is permitted to be eaten mid'Oraisa ("Bitul b'Rov"). The Rabanan instituted, for normal Isurim, that there must be sixty parts of permitted food to one part prohibited food in order for the prohibited food to become Batel. There are, however, Isurim for which Chazal decreed that they not be nullified by a majority or even by sixty parts of Heter. One of these is Davar Chashuv, or an item that is of substantial value. The Tana'im (Orlah 3:6) argue over what is considered "substantial value" in this regard: Chachamim and Rebbi Akiva rule that only six or seven objects (including Egozi Perech) are singular enough to be given the status of Davar Chashuv, while Rebbi Meir gives this status to a much broader category of objects, objects that are sold by count (Davar shebe'Minyan).

13) [line 7] D'ASI L'I'ARUMEI - one will come to use a deceptive act

14) [line 8] KIL'EI HA'KEREM
(a) It is forbidden to plant different types of crops together as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species (together) in your field." (Vayikra 19:19), and "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9). If one sows Kil'ayim, the produce becomes prohibited ('Kidesh,' from the word in the verse, 'Tikdash').
(b) The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.

15) [line 9] LO YELAKET - he may not pick the fruits (of the tree)

16) [line 10] YE'ALU B'ECHAD U'MASAYIM
If Orlah or Kil'ei ha'Kerem falls into permitted food and there was 200 parts of permitted food to one part Orlah, the entire mixture is permitted to be eaten. If it fell into less than 200 parts of permitted food, the entire mixture is prohibited. (RAMBAM Hilchos Ma'achalos Asuros 15:14)

17) [line 13] CHAZAKAH EIN ADAM OSER ES KARMO B'NETI'AH ACHAS - it is assumed that a person does not prohibit his entire vineyard (or orchard) with a single plantling. That is, a person would not plant a tree of Orlah within an orchard of permissible trees without marking the Orlah tree as such. (In contrast, it could happen that an Orlah tree *falls into* a group of permitted trees.)

18a) [line 16] HA'KOHANIM SHE'PIGLU - Kohanim who disqualified a sacrifice through a Machsheves Pigul

b) [line 17] 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.

19) [line 24] KOL SHEB'YADO - anything which is in his hands to do to the item now [he is believed to say that it was done to it already]

20) [line 30] SHURAS HA'DIN - (lit. the line of the law) the law is as such
21) [line 39] D'CHAZINEI B'FISHPESH - we saw him through the Pishpesh. The Ulam protruded to the north and south of the Heichal. At the far ends of the Ulam were two rooms, 15 Amos by 11 Amos, where the Shechitah knives of each Mishmar (family of Kohanim) were kept. These rooms were called the Beis ha'Chalifos (the room of the Shechitah knives). There were two Pishpeshim (small doors), 8 Amos high, in the corner of each of the Beis ha'Chalifos which opened into the Heichal and Ulam. (These doors were not used for entering or exiting, but to allow the Shechitah of Kodshim Kalim in any part of the Azarah by complying with the Pasuk requiring to slaughter the Korbanos at the entrance to the Sanctuary (Vayikra 3:2).) [It was through the northern Pishpesh that the Romans threw the torch which set the Mikdash ablaze, when it was destroyed - Josephus]

22) [line 42] AZKAROS - Names of HaSh-m

When a person writes a Sefer Torah, every time he writes the Name of HaSh-m, he must have in mind that he is writing it "l'Shem Kedushas HaSh-m," for the sake of the sanctity of the Name of HaSh-m. If he writes the Name of HaSh-m without this Kavanah, the Sefer Torah is not valid. (For example, if he intends to write the word Yehudah and accidentally leaves out the letter "Dalet," spelling the Name of HaSh-m, and he realizes that the word was actually supposed to be the Name of HaSh-m, it is invalid and he must re-write the word with the proper intention of Lishmah.

24) [line 47] KULMUS - a stylus or quill
25) [line 50] EIN HA'SHEM MIN HA'MUVCHAR - the Holy Name written in this way is not the choicest and is therefore Pasul (SHACH Yoreh Deah 276:2); rather, the mistake must be erased and the Holy Name must be written with sanctity (Maseches Sofrim 5:3)

26) [line 52] MENUMAR - speckled
27) [line 53] GEVILIN - [its] parchments
28) [line 53] LO IBADTIM LI'SHEMAN - I did not process the hides with the proper intent

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