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Previous daf Gitin 65
GITIN 64 & 65 - 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 5] MA'ARIMIN (HA'ARAMAH) - deceive. There is a way to be
"deceptive" and to exempt oneself from a Torah obligation. In this case, one
can circumvent the obligation to pay one-fifth of the value of one's fruits
of Ma'aser Sheni which the Torah obligates a person to pay when redeeming
those fruits, and not bring them to Yerushalayim. (See below, MA'ASER
2) [line 6] AVDO V'SHIFCHASO HA'IVRIYIM
(a) EVED IVRI - There are two ways that a Jew can be bought as a slave.
Either he may sell himself because he is destitute, or he may be sold by
Beis Din to pay back a theft. In either case he is obligated to work for his
master for only six years (Shemos 21:2) or until the Yovel year, whichever
comes first (Kidushin 14b, 16a). During his term as a slave, his master must
support his family (Kidushin 22b).
(b) If the slave was married before he was sold, the master has the right to
give him a Nochri maidservant to bear children who are the slaves of the
master (Shemos 21:4).
(c) If at the termination of six years he expresses his desire to continue
life as a slave, the master makes the slave stand near a doorpost and
pierces his right ear and the door with an awl. The slave then must continue
to serve his master until the Yovel year (ibid. 21:6). This Halachah only
applies to male slaves who were sold by Beis Din and had families already at
the time they were sold, and not to slaves who sell themselves (RAMBAM
Hilchos Avadim 3:6).
(d) AMAH IVRIYAH - A destitute father, under certain circumstances, may sell
his daughter into servitude to a Jewish master as long as she is a minor.
The sale is for a period of six years or until she becomes a Gedolah (when
two pubic hairs grow after she enters her 12th year) or until the Yovel year
(the year after seven Shemitah cycles), whichever comes first. During this
period she is called an "Amah ha'Ivriyah."
3) [line 7] MA'ASER SHENI
(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
(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 13] YOVEL
(a) The year after 7 Shemitah cycles of 7 years each is called the Yovel
year. There is an argument among the Tana'im as to whether the 50th year is
not counted as one of the years of Shmitah, or whether it is part of the
count and is itself *both* the Yovel and the 1st year of the next Shemitah
(b) The Halachos of the Shemitah year apply in the Yovel year with regard to
not working the land and maintaining the sanctity of the fruits that grow
(see Background to Nedarim 57:3). In addition, at the start of the Yovel
year, all Jewish slaves (Eved Ivri, see Background to Yevamos 104:9) are set
free and all properties that were sold since the previous Yovel year are
returned to their original owners. On Yom ha'Kipurim of the Yovel Year, Beis
Din blows a Shofar to denote that the time has come to set free all of the
slaves, as the Torah states in Vayikra 25:9.
(c) There is an argument among the Tana'im as to what is considered the
beginning of the Yovel year. According to the Chachamim, Yovel starts with
the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah,
it begins at Rosh ha'Shanah, and the Shofar blast only denotes the
completion of the process of freeing the slaves (Rosh Hashanah 8b).
5) [line 13] ATZIZ SHE'EINO NAKUV - [produce planted in] a flowerpot without
a drainage hole (which does not receive sustenance from the ground
underneath it, and from which the obligation to separate Terumos and
Ma'asros is only mid'Rabanan)
6) [line 14] 3 MIDOS B'KATAN - there are three categories of a minor with
regard to effecting legal acquisitions
7) [line 16] MI'UN
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) In the instances of marriage mid'Rabanan, before she reaches Halachic
puberty and becomes a Na'arah (through the growth of two pubic hairs), she
has the option of annulling the marriage through a procedure known as Mi'un
(refusal). She says before two witnesses, "I do not want him," and the
marriage is annulled retroactively. There is no need for her to receive a
Get (a bill of divorce). A girl who is married off by her father cannot
annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
8) [line 17] HA'PEUTOS - children between the ages of six and nine years old
(depending on their acumen) (SHULCHAN ARUCH Choshen Mishpat 235:1) (The
Gemara Gitin 59a, when explaining the term "Pe'utos," brings three opinions
as to whether it refers to the ages of six to seven, seven to eight or eight
to nine, and concludes that these opinions do not argue; it all depends upon
the child's acumen)
9) [line 19] HIGI'U L'ONAS NEDARIM - when they (children) have reached the
age of making vows that are binding
(a) The Mishnah in Nidah Daf 45b specifies that if a girl makes a vow during
her twelfth year, or a boy during his thirteenth year (i.e. when they are
"Samuch," or near, the age of normal physical maturity, or "Ish"), we must
"further investigate" in order to determine whether or not the vows are
Halachically binding. The investigation involves determining whether the
child in question knows the significance of Nedarim, and that their laws
were dictated by Hash-m. Even though, Halachically speaking, the actions of
a minor normally have no legal ramifications, if the child in question
passes the investigation he is called a "Mufla ha'Samuch l'Ish, and he has
reached the "Onas Nedarim," the age at which his vows *are* binding.
(b) There is a disagreement among the Tana'im as to whether the vows of such
a child are binding mid'Oraisa (and if an adult transgresses them he is
punishable with Malkos), or only mid'Rabanan. In either case, the child
himself is not punished with Malkos if he transgresses his own vow, since he
is still a minor and exempt from all punishments.
10) [line 36] MAR'AH MAKOM - she is merely showing the place [of the husband
to the Shali'ach]
11) [line 37] OCHELES BI'TERUMAH
A non-Kohen may not eat Terumah. A Kohen's wife, who is not herself a
Kohenes (the daughter of a Kohen), eats Terumah as long as her husband or
any of their offspring are alive, as is learned from the verses (Vayikra
22:11, Bamidbar 18:11) and the Gemara (Nidah 44a). The Kohen's wife must be
at least three years old for this Halachah to apply.
12) [line 43] MASA MECHASYA - the city of Mechasya (probably a suburb of
13) [line 44] BAVEL - the *city* of Babylon (the ancient capital of
Babylonia, now ruins, on the Euphrates River, 55 miles south of Baghdad)
14) [last line] SHAKLEI MINEI - take it (the Get) from it
15) [line 6] MEIGAS GA'IS BEI - he meets him
16) [line 7] AREV LI (EIRUVEI TECHUMIN) - make an Eruv for me
(a) A person is only allowed to walk a distance of 2000 Amos, approximately
960 meters (3147 feet) or 1,152 meters (3774 feet), depending upon the
differing Halachic opinions, from his city or dwelling place (if he is not
in a city) on Shabbos or Yom Tov. If he wants to walk another 2000 Amos, he
must make an Eruv Techumin.
(b) This is accomplished by placing an amount of food that would be used for
two meals nearly 2000 Amos away from his present location, in the direction
in which he wishes to walk. The location where his food is placed is
considered his new dwelling or *place of Shevisah* for that Shabbos or Yom
Tov, and he may walk 2000 Amos in any direction from there.
17a) [line 7] TEMARIM - dates
b) [line 8] GEROGEROS - dried figs
18a) [line 15] MIGDAL - tower
b) [line 15] SHOVACH - a dove-cote
19) [line 20] IGERES - a letter
20) [line 21] PATRUHA - release her (referring either to releasing her from
her debts, or from her marriage)
21) [line 21] PARNESUHA - provide her with her needs (referring either to
her food and clothes, or to a Get so that she does not need to do Yibum)
22) [line 22] ASU LAH KA'NIMUS - do for her that which is the law (referring
either to a Get, or to her support)
23) [line 23] SHALCHUHA - send her away
b) [line 23] SHAVKUHA - abandon her
c) [line 23] TARCHUHA - banish her
24) [line 26] PITRUHA - release her from a monetary debt
25) [line 30] IZVUHA - abandon her
26) [line 31] HO'ILU LAH - give help to her
27) [line 31] ASU LAH K'DAS - do to her in accordance with the law
28) [line 31] PESHOT MIHA CHADA - answer at least one [of the questions]
29) [line 34] HA'YOTZEI V'KOLAR - one who is being led out in a collar, [a
(Roman) prisoner's band or chain around the neck,] to be executed
30) [line 36] HA'MEFARESH - one who sets out on a sea voyage
31) [line 36] HA'YOTZEI B'SHEYARA - one who sets out on a caravan journey
32) [line 37] HA'MESUKAN - one who is deathly ill [and about to die] (this
word is synonymous to Shechiv Mera for the purposes of our Gemara)
33) [line 38] GENEIVA - the name of an Amora (whom we find acted with
disrespect towards the Chachamim; see Insights to Gitin 7:1)