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Gitin 74

GITIN 73-75 - Anonymously dedicated by an ardent supporter who wants the Zechus of spreading Torah throughout the world.

1) [line 1] U'MITAMEI LAH - her husband (if he is a Kohen) is permitted to become Tamei for her [if she passes away]
(a) The Torah (Vayikra 21:1-4) forbids Kohanim from coming into contact with corpses while concurrently commanding them to handle the burial of certain relatives. Those relatives are the Kohen's mother, father, son, daughter, brother, sister from his father (if she is an unmarried virgin), and wife (if the wife is permitted to be married to him).
(b) If a Kohen is married to a woman with Kidushin mid'Rabanan (e.g. if she married him as a minor after her father died), her husband is allowed and required to handle her burial. (The Gemara (Yevamos 89b) concludes that the Kohen is actually permitted to bury her mid'Oraisa, even though she is only married to him with a Kidushin mid'Rabanan. Since the Kohen inherits her, nobody else will handle her burial, and therefore she is like a Mes Mitzvah -- see Background to Sotah 45:31 and Insights to Yevamos 89b.)
(c) The prohibition to come into contact with a corpse applies only to male Kohanim who are not Chalalim. (However, immediately before, and during, the three pilgrimage holidays (Pesach, Shavuos and Sukos), every Jew, male or female, is commanded to be Tahor -- RASHI to Yevamos 29b DH v'Lo Mitames.) The positive command to handle the burial of the seven relatives mentioned above (a) applies not only to Kohanim, but also to all Jews.

2a) [line 3] BE'ILASAH TELUYAH - (lit. relations with her depend [upon whether her husband dies or not]) a man other than her husband who has relations with her either does not incur a punishment or is liable to bring a Korban Chatas, depending upon whether her husband dies and she is divorced retroactively or whether he becomes well again, in which case they remain husband and wife
b) [line 4] BE'ILASAH SAFEK - (lit. relations with her are in doubt) a man other than her husband who has relations with her either is liable to bring a Korban Asham Taluy (see next entry) or is liable to bring a Korban Chatas, depending upon whether her husband dies and there is a doubt as to whether she was divorced retroactively or whether he becomes well again, in which case they remain husband and wife

3) [line 6] ASHAM TALUY
(a) If a person is in doubt whether or not he committed a transgression for which he must bring a Korban Chatas, he temporarily brings a Korban Asham Taluy, which is a ram worth two Sela'im (Vayikra 5:17). If he later discovers that he did indeed sin, he must offer a Korban Chatas; the Asham Taluy only provides temporary atonement during the period of doubt.
(b) Certain Tana'im, including Isi ben Yehudah, rule that a person is only obligated to bring an Asham Taluy if there are "two pieces, one of which was eaten" (Chatichah mi'Shtei Chatichos). For example, if a person ate one out of two pieces of fat, where one was Shuman (permitted fat) and the other was Chelev (forbidden fat -- see Background to Gitin 2:14a), and he later found out that he may have eaten the forbidden piece, he has to bring an Asham Taluy. If he has a doubt whether one piece of fat that he ate was Shuman or Chelev, he does not bring an Asham Taluy. Other Tana'im, including Rebbi Akiva, rule that even in the latter case he brings an Asham Taluy.

4) [line 14] V'SITEN - (lit. and she shall give [the 200 Zuz]) The Amora'im argue as to whether the Get takes effect as soon as it is handed to her and the requirement to give her ex-husband the 200 Zuz is a stipulation that may be fulfilled afterward, or whether the Get only takes effect when she gives him the 200 Zuz

5) [line 18] TZIDON - Sidon, a city on the Mediterranean coast, to the north of modern-day Israel. It was the capital of Phonecia. It is within the northwest boundary of the Holy Land (Bamidbar 34:7).

6) [line 19] ITZTELISI - my [fine] robe
7) [line 20] TITEN LO ES DAMEHA - she may give him the value [of the robe and the Get will be effective]

8a) [line 21] V'HI SITEN - (lit. and she shall give [the 200 Zuz]) the Get takes effect as soon as it is handed to her and the requirement to give her ex-husband the 200 Zuz is a stipulation that may be fulfilled afterward
b) [line 22] LECHESHE'TITEN - [the Get only takes effect] when she gives [her husband the 200 Zuz]

9) [line 26] KI HAI GAVNA - like this case
10) [line 31] PASHTAH YADAH - she stretched out her hand
11a) [line 37] DELI'KEROVAH KA'ASI - since he intends to betroth her (lit. to bring her close)
b) [line 37] DELI'RCHUKAH KA'ASI - since he intends to divorce her (lit. to distance her [from himself])

12) [line 40] D'LO CHASIF L'MISBE'AH - since he is not embarrassed to take her to court and claim [and exact payment] from her

13) [line 51] LI V'LO L'YORSHAI - when the husband uses the words "Al Menas she'Titeni *Li* Masayim Zuz," - "on the condition that you give *me* 200 Zuz," he means, "Li v'Lo l'Yorshai," - to me and *not* to my relatives

(a) It is possible to make a condition ("Tenai") in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition.
(b) A person may specify that the Kinyan will take place retroactively upon fulfillment of the Tenai, or that it should only take effect at the time that the Tenai is fulfilled. If he does not specify either way, and he uses the formulation "Im" ("if") in his Tenai, the Kinyan will only take effect at the time that the Tenai is fulfilled. However, if the person uses the formulation "Al Menas" ("on the condition that..."), Rebbi maintains that the person intends for the Kinyan to take effect retroactively upon fulfillment of the condition.

15) [line 55] KI SELIKI - when I went up [to Eretz Yisrael]


16) [line 3] AD'MIFLEGEI - (lit. before they argue) their argument should not be in the case of "meha'Yom ule'Achar Misah," but rather in the case of "Al Menas"

17) [line 6] KO'ACH D'HETEIRA ADIF LEI - The lenient ruling has [the potential to teach] more
If a person rules stringently, we cannot know his true opinion on the matter. He may either have decided that the stringent ruling is correct, or else he may be in doubt, since a person who is in doubt must take a stringent stance in any case. We therefore stand to learn more from the Torah sage who rules leniently, since we learn from him his true view in the matter at hand. He must be convinced that his lenient ruling is the true Halachah or else he would not have passed a lenient ruling.

18) [line 8] MAHU D'TEIMA KEPEDEI LAV KEPEIDA, UL'ZARZAH KA'ASI - we would have thought that his statement is not to be taken literally, but rather, he only intended to hurry her to make sure that she pays (and even if she pays after thirty days she will be divorced), [Ka Mashma Lan, the Mishnah teaches us, that this is not so]

19) [line 20] MECHULIM LACH - (lit. they are absolved to you) you are absolved of the requirement to pay them (the 200 Zuz)

20) [line 24] KA MEFAISAH LEI BI'DAMEI - she appeases him with money (paying the value of the robe)

21) [line 25] LEGAMREI - entirely (to totally absolve her of any obligation to pay him)

22) [line 26] KONAM (KINUYIM)
(a) A person can create a Neder (a vow) or Shevu'ah (and oath) with a Kinuy, an expression using a corrupted form of a word, such as "Konam" instead of "Korban" or "Shevusa" instead of "Shevuah" (Nedarim 2a).
(b) The Amora'im argue as to whether these expressions are actual words in foreign languages that are loosely based on the Hebrew vocabulary, or whether they are expressions that the Chachamim instituted for the specific purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable to use Kinuyim when making a Neder rather than the proper Hebrew term, so that one should not come to utter the Name of HaSh-m in vain (ibid.); if one uses the proper Hebrew term it is more likely that one will utter the Holy Name along with it by association.
(c) "Konam sha'Atah Neheneh Li..." means "All benefit that you may derive from me should be prohibited to you like a Korban..."

23) [line 30] HAREINI K'ILU HISKABALTI - I will conduct myself (lit. I am) as if I have already received [the produce for which I asked]

24) [line 31] LI'TZE'URAH KA MECHAVEIN - he intended to cause her distress
25) [line 32] HARVACHAH - [tangible] benefit
26) [line 34] L'ARISEI - to his sharecropper, a hired field laborer who receives a percentage (1/2, 1/3 or 1/4) of the produce of the field

27) [line 34] DALU TELAS DALVASA - irrigate [their fields] three times a year
b) [line 35] V'ACHLEI RIV'A - and they receive (lit. they eat) one quarter [of the produce]

28) [line 35] AT, DALI ARBA'AH, V'ECHOL TILSA - [I will make a deal with you that if] you irrigate [my field] four times [a year], you will receive (lit. will eat) one third] of the produce]

29) [line 36] ASA MITRA - [it happened that] rain fell [at the scheduled time for the fourth irrigation]

30) [line 39] V'TISBERA?! - Do you really think so?!

31a) [line 45] HAYAH NITMAN - he (the buyer of a house in a walled city) would hide b) [line 45] YOM SHENEIM ASAR CHODESH - on the [last] day of the twelfth month (BATEI AREI CHOMAH)
Batei Arei Chomah are houses from a city that was walled at the time of Yehoshua's conquest of Eretz Yisrael. If a person sold a house in one of the Arei Chomah, the Torah gives him the right to purchase it back within *one year* of selling it. If he does not buy it back during that time, it becomes the permanent property of the buyer (Vayikra 25:29-30).

32) [line 46] SHE'YEHEI CHOLESH ES MA'OSAV LA'LISHKAH - that he (the seller of the house, who wishes to redeem it) should cast his money into a specified office

33) [line 47] V'YEHEI SHOVER ES HA'DELES - and he should break down the [locked] door [of his house]

34) [line 47] HALAH - that one (the buyer)

35) [last line] NESINAH BE'AL KORCHEI - giving [money] against one's will

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