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Gitin 77

GITIN 77-79 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer, A"H.

1) [line 16] L'ACHAR SHAVU'A; SHANAH - [If a husband says, "This is your Get if I do not return] *after* the current seven-year Shemitah cycle," [we wait for] *one year* [after the cycle is over for him to come back]

2) [line 18] SHABBOS - a week
3) [line 23] KALSUHA - they (the Chachamim) praised it (the ruling)
4) [line 24] ALMA LEIS HILCHESA KAVASEI - therefore, the Halachah does not follow his opinion [because the Chachamim only praised him when he related it in the name of a single sage (i.e. Rebbi), and the Halachah generally follows the opinion of the majority]

*****PEREK #8 HA'ZOREK*****

(a) When a person acquires an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in ownership). Some of the forms of Ma'aseh Kinyan that may be used for Metaltelin (mobile items) are: 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain; 4. Chalipin (barter); 5. Mesirah, i.e. handing over the reigns of an animal or the tie-lines of a boat.
(b) The Kinyan of Chatzer is learned from the Kinyan of "her hand" (in Devarim 24:1) (Gitin 21a, 77b).

6) [line 30] CHEIKAH - her lap
7) [line 30] KALASAH - a woman's basket that holds spindles and linen and that can be worn on the head

8a) [line 32] GAGAH - her roof
b) [line 32] CHATZEIRAH - her courtyard
c) [line 33] KARPIFAH (KARPAF)
Karpifos are enclosed areas that are located outside of a settlement, used for storage and other such purposes. Since it is fully enclosed, a Karpaf is a Reshus ha'Yachid even though it was not enclosed for residential purposes.

9) [line 34] "...YADO..." - "[If the theft be at all found in] his hand [alive, whether it be an ox, or a donkey, or a sheep; he shall restore double.]" (Shemos 22:3) (See next entry for a discussion of Kefel, the double restitution of a thief)

10) [line 38] KANSEI RACHMANA (TASHLUMEI CHEFEL - a thief's double restitution)
(a) If a thief surreptitiously steals an object from a fellow Jew, and is found guilty of the theft in court based on the testimony of valid witnesses, he must return the object (if it is still in its original state) or its value (if it is not) to its owner (Vayikra 5:23). In addition, the thief is obligated to pay the victim of the theft the value of the stolen object a second time. Restitution of the value of the stolen object is called "Keren," and the additional payment is known as "Kefel."
(b) Only a thief ("Ganav") who steals surreptitiously pays Kefel, and not a robber ("Gazlan"), who brazenly burglarizes and takes the possessions of others by force. Chazal explain that the Torah punishes a thief more stringently than a robber because of the disrespect he shows for the Creator by taking care to avoid the eyes of man, while not being bothered in the least by the eye of the One Above that is constantly watching (Bava Kama 79b).
(c) A thief does not pay Kefel unless he makes a "Kinyan," an act of acquisition, on the object that he steals (e.g. by lifting it up, bringing it into his own property, drawing it towards himself in a semi-secluded area, etc.). If he simply broke or ruined another person's object without making a Kinyan on it first, he is not considered to be a "Ganav" but a "Mazik" ("one who causes damage"), and he does not pay Kefel.
(d) A thief does not pay Kefel if he steals Shtaros (bills of ownership or promissory notes). Most Tana'im hold that a thief does not pay Kefel if he steals land or slaves (Bava Kama 117b).
(e) Kefel, like any other payment that involves over-compensation for a monetary loss, is considered a "Kenas" (penalty) rather than "Mamon" (compensation). As is true of every Kenas, a thief does not have to pay Kefel if he admits to his theft of his own accord. Only if witnesses testify to his guilt in court must he pay. If he admits to the theft of his own accord, and later witnesses testify to his guilt in court, the Amora'im argue as to whether or not he must pay the Kefel (Bava Kama 74b-75a -- he is exempted from payment, according to the lenient opinion, only if his admission took place under specific circumstances). Until he is obligated to pay the Kefel in court, the thief is fully exempt from paying Kefel, and does not even have a moral obligation to pay it on his own accord (RASHBA Bava Kama 74b, see also RAMBAN in Milchamos at the end of the third Perek of Kesuvos).

11) [line 39] MAH SHE'KANSAH ISHAH, KANAH BA'ALAH - [Halachically,] anything that a wife acquires becomes the acquisition of her husband

12) [line 40] DIN U'DEVARIM EIN LI B'NICHSAYICH - I have no claim in court on your properties [and not even the right to complain -- TOSFOS YOM TOV, Kesuvos 9:1 DH Din]

13a) [line 46] NACHALAH HA'BA'AH L'ADAM MI'MAKOM ACHER - an inheritance that comes to a person because of his actions, as opposed to an inheritance from his ancestors. For example, the inheritance that a person receives from his wife's estate is a result of his marriage.
b) [line 47] ADAM MASNEH ALEHA SHE'LO YIRASHENAH - the person may create a stipulation such that he will not inherit it


14) [line 4] EINI NIZONES V'EINI OSAH - "I will not take my allowance and I will not hand over my earned income" (MEZONOS)
(a) As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "She'erah...Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b).
(b) According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a pair of reciprocal institutions throughout the duration of a marriage: The husband must supply his wife with Mezonos, and the wife must give her husband any profits she receives from her handiwork. The Amora'im differ over what the main point of these institutions was. Was the main point of the Rabanan to benefit the husband, by giving him his wife's handiwork, and the Rabanan instituted that he must provide his wife with sustenance as compensation? Or is the opposite true: the main point of the Rabanan was to benefit the wife, by having the husband provide her with sustenance, and the Rabanan gave the husband his wife's handiwork as compensation (ibid. 58b).
(c) According to Rav, the latter is true: the main point of the Rabanan was to benefit the wife, by providing her with Mezonos. Therefore, he ruled that it is the wife's prerogative to forego her rights to Mezonos, and thereby exempt herself from the obligation to provide her husband with the profits of her handiwork. That is, she may forego the Rabbinic institution of Mezonos and keep her profits for herself.

15) [line 6] GITAH VA'CHATZEIRAH BA'IN K'ECHAD - she acquires her bill of divorce and her courtyard at the same time The Torah requires that the Get be given directly into the hands of the woman (Devarim 24:1). However, a husband who wants to divorce his wife may place the Get into her Chatzer (courtyard) or property. The Kinyan of Chatzer is learned from the Kinyan of "her hand" (ibid., Gemara above, Daf 21a). As such, if the husband intends that his wife acquire a Kinyan in his Chatzer for the purpose of receiving her Get, she acquires her Get and a Kinyan in the Chatzer at the same time, thus circumventing the law of "Mah she'Kansah Ishah, Kanah Ba'alah" - "[Halachically,] anything that a wife acquires becomes the acquisition of her husband."

(a) A Jew who owns a non-Jewish slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill of release (Kidushin 22b). If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)
(b) The Mishnah (ibid.) states that the two methods of release are different. The payment must be made by others directly to the master and not to the slave ("b'Chesef Al Yedei Acherim"), while the Get Shichrur must be given to the slave himself ("b'Shtar Al Yedei Atzmo").

17) [line 12] SHECHIV ME'RA
A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (such as Hagbahah, or Chazakah), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place. If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.

18) [line 13] BA'HADEI PANYA D'MA'ALEI SHABATA - towards evening on Erev Shabbos

19) [line 14] TAKAF LEI ALMA - he became extremely ill and was about to die
20) [line 17] V'SEICHOD V'SIFTACH V'SACHAZIK BEI - and she should close (lock) [the door] and open (unlock) [it] and thus acquire a Kinyan Chazakah on it (the place where the Get rests)

21a) [line 18] NA'AL - locking
b) [line 18] GADAR - fencing in
c) [line 18] PARATZ - making a breach in a fence to create an entrance

22) [line 18] CHAZAKAH
(a) When a person acquires land, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in ownership). Some of the Kinyanim for Mekarka'in (immobile items) are Kesef (paying money), Shtar (a document specifying the sale or gift of the land -- this Kinyan is only applicable to certain cases -- see Kidushin 26a) and Chazakah, i.e. performing an act to enhance the land that is normally performed by an owner.
(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).

23) [line 20] ICHSIF - he (Rava) was humiliated
24a) [line 28] TEVERYA - Tiberias, a city built by Herod Antipas (son of King Herod) in honor of the emperor Tiberias Julius Ceasar Augustus (Bereishis Rabah 23:1) approximately fifty years before the destruction of the Beis ha'Mikdash. It was called Teveryah by the Jews because it lies in the center of the country ("Tibur" means navel) and because it is a sight to behold ("Tovah Re'iyasah") (Megilah 6b). It was built on the cemetery of Chamesan (Shabbos 33b-34a), and some say on the remains of an ancient walled city.
b) [line 28] TZIPORI - a city in the lower Galilee, approximately midway between Tiberias and Haifa

25) [line 31] CHATZER MISHTAMERES L'DA'ATAH HI - it is a courtyard (i.e. any private property) that is protected as a result of her (i.e. the owner's) authority (RASHI DH k'Mi)

26) [line 33] CHATZER MISHUM "YADAH" ISRABA'I - [the Kinyan of] Chatzer is learned] from [the Kinyan of] "her hand" (in Devarim 24:1)

(a) The Torah requires that the Get be given directly into the hands of the woman (Devarim 24:1). However, a woman may appoint a "Shali'ach l'Kabalah," an agent to receive the Get from her husband on her behalf, or to receive the Get from her husband's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself.
(b) The opinion that the Kinyan of Chatzer (courtyard) is learned from the Halachos of Shelichus asserts that when a husband who wants to divorce his wife places the Get into her Chatzer or property, the Chatzer acts like an agent who accepts her Get.

28a) [line 36] SEMUCHAH - adjacent
b) [line 37] DEVUKAH - attached
29) [line 42] PISLA - a block of wood or platform
30) [line 47] OSHLAH - he lent

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