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Gitin 58

GITIN 58 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.

1) [line 1] KETZUTZEI TEFILIN - leather boxes of Tefilin (as opposed to the straps of Tefilin)

2) [line 5] HA D'REISHA, HA D'DAR'A - this (the statements of Rebbi Yanai b'Rebbi Yishmael and of the Tana of the Beraisa, who said that there were 3 times 40 Se'ah of Tefilin) refers to the Tefilin worn on the head, while this (the statement of Rabah bar bar Chanah in the name of Rebbi Yochanan, who said that there were 40 Se'ah of Tefilin) refers to the Tefilin worn on the arm (since the head Tefilin are larger than the arm-Tefilin; see Rashi)

3) [line 8] BAS BAVEL HA'SHEDUDAH, ASHREI SHE'YESHALEM LACH ES GEMULECH SHE'GAMALT LANU. ASHREI SHE'YOCHEZ V'NIPETZ ES OLALAYICH EL HA'SALA." - "Daughter of Babylon, the desolate, praiseworthy is he who will repay you for the treatment with which you treated us. Praiseworthy is he who will grab and dash your infants against the rock." (Tehilim 137:8-9)

4) [line 10] "BENEI TZIYON HA'YEKARIM, HA'MESULA'IM BA'PAZ, EICHAH NECHSHEVU L'NIVLEI CHERES, MA'ASEH YEDEI YOTZER." - "The precious children of Zion who are comparable to fine gold, how they are considered like earthenware pitchers, the work of the hands of a potter." (Eichah 4:2)

5) [line 12] MECHAPEI B'FIZA - they were covered with Paz (a fine gold or precious stone)

6) [line 13] TARTEI MASKELEI ISTIREI - two Istira weights (an Istira is the same as a Sela Medinah, 1/8 of a Sela Tzuri)

7) [line 15] MEGANIN ES HA'PAZ B'YOFYAN - they shamed Paz with their beauty
8) [line 16] B'LIVNA D'GUSHPANKA - the forms [engraved] on signet rings
9) [line 17] V'ASREI B'CHAR'EI D'PURAIHU - and they tied them to the legs of their beds

10) [line 19] KAMAH MARCHIKNA MI'DUCHTA PELAN? - How far am I from that place (i.e. how far am I from learning that verse)?

11) [line 20] INGAD PUSTA U'FALGA - a little, a page and a half
12) [line 20] IY MATA'I L'GABEI LO ITZTRICHI LACH - had I reached it, I would not have needed you

13) [line 22] "EINI OLELAH L'NAFSHI MI'KOL BENOS IRI. - "My eye has brought me grief, because of all the daughters of my city." (Eichah 3:51)

14) [line 25] HAYU DOKRIN OSAN B'CHUTREIHEN - they pierced them with their sticks

15) [line 25] KERACHUM B'SIFREIHEM V'HITZISUM B'ESH - they wrapped them in their books (scrolls) and ignited them with fire

16) [line 27] YEFEI EINAYIM - of beautiful eyes
17) [line 27] TOV RO'I - with a handsome appearance
18) [line 27] U'KEVUTZOSAV SEDUROS LO TALTALIM - and his curly hair was arranged in locks

19) [line 28] "MI NASAN LI'MSHISAH YA'AKOV V'YISRAEL L'VOZEZIM; HALO HASH-M ZU CHATANU LO? V'LO AVU VI'DRACHAV HALOCH V'LO SHAM'U B'SORASO." - "Who delivered Yakov to the be plundered, and Yisrael to looters; was it not Hashem, He against Whom we have sinned? And they did not desire to go in His ways and they did not listen to His Torah." (Yeshayah 42:24)

20) [line 30] AD SHE'EFDENU - until I redeem him
21) [line 37] "AL ELEH ANI VOCHIYAH, EINI EINI YORDAH MAYIM, KI RACHAK MIMENI NAFSHI, MESHIV NAFSHI; HAYU VANAI SHOMEMIM KI GAVAR OYEV." - "For these I cry, my eye, my eye flows with water, because a comforter for my soul is far from me; my sons have become forlorn because the enemy has prevailed." (Eichah 1:16)

22) [line 39] SHE'NIS'ALEL BAH SHABA'I - who was abused by her captor
23) [line 39] SHIV'AH CHALUKIM - seven cloaks
24) [line 41] NISPALSHAH BA'EFER - she rolled in the dust
25) [line 42] "BAS AMI CHIGRI SAK V'HISPALSHI BA'EFER EVEL YACHID ASI LACH MISPET TAMRURIM KI FIS'OM YAVO HA'SHODED ALEINU." - "Daughter of my people, gird [yourself with] a sackcloth, and roll in the ashes, mourn as for an only child, make for yourself a most bitter lamentation, for suddenly shall the plunderer come upon us." (Yirmeyahu 6:26)

26) [line 44] KIV'YACHOL - as if it were possible to say it about Hashem like we say it about a person (RASHI Megilah 21a)

27) [line 44] "V'CHAMDU SADOS V'GAZALU, U'VATIM V'NASA'U; GEVER U'VEISO V'ISH V'NACHALASO." - "They covet fields and steal them, houses and they take them; they oppress a man and his household, a person and his heritage." (Michah 2:2)

28) [line 45] V'SHULYA D'NAGAREI HAVAH - and he was the apprentice of a carpenter

29) [line 45] HUTZRACH RABO LILVOS - his master needed to borrow [money]
30) [line 45] SHAGER - send
31) [line 46] V'ALVENAH - and I will lend to her
32) [line 47] PETARTIHA L'ALTAR - I let her go immediately
33) [line 49] V'ASEH IMI B'CHOVACH - and work for me [as payment] for your debt
34) [line 50] HAYU DEMA'OS NOSHROS ME'EINAV - there were tears falling from his eyes

35) [line 51] NISCHATEM GEZAR DIN - their fate was sealed
36) [line 51] AL SHTEI PESILOS B'NER ECHAD - because of two wicks in one lamp (the two men (the husband and the adulterer) who shared one woman)

37) [last line] LECH CHAZEK U'KENI (KINYAN CHAZAKAH) - go, do an act of Chazakah, and acquire it
(a) When a person buys land, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). Performing an act to enhance the land that is normally performed by an owner is a Kinyan Chazakah.
(b) Examples of Chazakah are Na'al (locking), Gadar (fencing in) and Paratz (making a breach in a fence to create an entrance) or any act that is done to *enhance* the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).

38) [last line] ACHRAYUS
"Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who gives or sells a field to someone else, or who signs a document of debt (this includes a Kesuvah) can guarantee the field or document by obligating himself in Achrayus. If it is determined afterwards that the seller did not have the right to sell the land (for example, if the land was stolen, or if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller are made available to the buyer to collect the value of the property that was removed from his possession. For example, if Reuven sold a field to Shimon with Achrayus, and Reuven's creditor demands and confiscates the field from Shimon, Shimon has the right to collect its value from Reuven (or from other people who bought land from Reuven after the time of Shimon's purchase). If the field was purchased without Achrayus, Shimon has no legal claim against Reuven whatsoever, and he is not compensated at all for his loss (Bava Basra 44b). In our Gemara, Shmuel maintains that a Shtar cannot serve to effect a transfer of ownership to the Nochri unless Achrayus is written in the Shtar.


39) [line 12] TO'ANIN L'YORESH V'TO'ANIN L'LOKE'ACH - we (Beis Din) make a claim on behalf of an heir (from whom someone is making a claim in court), and we make a claim on the behalf of a buyer.

40) [line 14] HA'BA MACHMAS CHOV - one (an idolater) who comes [to seize land] because of a debt

41) [line 14] U'MACHMAS ANPAROS - or because of thievery (i.e. with no reason)
42) [line 20] EIN DIN ANPARUS B'VAVEL - the law of stolen land does not apply in Bavel

43) [line 20] BEI DAVAR - courthouse
44) [line 21] KAVIL - complain
45) [line 21] ACHULEI ACHIL - he has pardoned [and ceded the land to the thief]
46) [line 22] TASKA - property tax
47) [line 22] BENEI BAGA - residents of the valley area
48) [line 24] MARVASA KAMAI - the original owner
49) [line 27] TIRFA - a document of Beis Din conferring the right of seizure of property in place of money owed

50) [line 29] HENI'ACH MA'OSAV AL KEREN HA'TZEVI - (lit. he placed his money on the horn of a gazelle) he lost his money [since a gazelle runs much faster than a person and is impossible to overtake - TOSFOS YOM TOV to Kesuvos 13:2]

51) [line 32] NAKI RIV'A ZAVIN - he (the Sikrikon) sells [the land] for a fourth less [than the actual value of the land]

52) [line 32] NAKI CHUMSHA ZAVIN - he (the Sikrikon) sells [the land] for a fifth less [than the actual value of the land]

53) [line 33] YAD BE'ALIM AL HA'ELYONAH - the owner has the upper hand
54) [line 35] HOSHIV BEIS DIN V'NIMNU - he convened a Beis Din and they decided

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