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Gitin 80

GITIN 80 (5 Iyar 5761) - Dedicated by Marsha and Lee Weinblatt of Teaneck, New Jersey. May they see much Nachas from their daughter Jodi, who just became a Kalah, and the rest of their extended family, and may we soon merit to see the return of Hashem to Zion!

1a) [line 1] BAS LEVI MIN HA'MA'ASER - if the woman of our Mishnah was the daughter of a Levi and she returned to her father's house after the incident, she is penalized such that she may not eat Ma'aser Rishon (see TOSFOS Yevamos 91a DH Amar where there is an opinion that the penalty is that she should not receive Ma'aser; however, she is permitted to eat it)

b) [line 1] MA'ASER
(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 Shamayim.
(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.

2a) [line 1] BAS KOHEN MIN HA'TERUMAH - if the woman of our Mishnah was the daughter of a Kohen and she returned to her father's house after the incident, she is penalized such that she may not eat Terumah

b) [line 1] TERUMAH
(a) All of the Kohanim, male or female, are entitled to eat Terumah. However, when a Bas Kohen marries a Yisrael, she loses her right to eat Terumah, and she is considered a Zar (non-Kohen), who is prohibited from eating Terumah (that is, her husband is "Posel" her from eating Terumah). Should her Yisrael husband divorce her or die, she may eat Terumah as before, as long as she has had no children from him (Vayikra 22:12-13, Yevamos 69a).
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth, she is prohibited from eating Terumah as are all Zaros. If she marries a Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she has no children from him, the prohibition for her to eat Terumah returns. If she does have a child from him, she continues to eat Terumah in the merit of her late husband, the father of her child (ibid.).

(a) One of the stipulations of marriage that is imposed by Beis Din and that is written explicitly in the Kesuvah (the Jewish marriage contract) is called "Kesuvas Benin Dichrin." If the wife dies before her husband, her sons inherit the full value of her Kesuvah after he dies (and not the sons of his other wives), aside from the remainder of the estate (which is divided equally among all of the sons).
(b) No sons of the woman of our Mishnah inherit her Kesuvah.

(a) If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10. Chazal learn from the verses that there is a preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He appears before a Beis Din of three and states, "I do not want to marry her," after which his sister-in-law approaches him before the elders, takes off his right sandal and spits in front of him. She then declares, "This is what shall be done to the man who will not build up a family for his brother," and she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates one of the two, is called Zikah. It is comparable to the state of Eirusin (betrothal) before a marriage. The Tana of the Mishnah from Yevamos rules that the Zikah "connects" the Yevamah with all of the brothers, not only the oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a Shomeres Yavam.
(d) In certain situations (such as that of a doubtful marriage or divorce, like the case in our Mishnah), the woman may not do Yibum, but may do only Chalitzah.

5) [line 6] TZAROSEIHEN MUTAROS - their co-wives are permitted When a man dies childless and his wife is an Ervah (a close relation -- see Mishnayos to Yevamos 1:1-3) to the Yavam, she does not "fall to Yibum" and as such she is exempt from the Mitzvos of Yibum and Chalitzah. She may marry whomever she pleases, immediately. Chazal teach (Yevamos 3b, 8a) that not only is the Ervah exempt form Yibum and Chalitzah, but also her Tzarah, the second wife of the deceased. (However, if there are other Yevamim to whom she is not prohibited because of an Isur Ervah, the two women may not get married until one of the Yevamim performs Yibum or Chalitzah with one of the wives of the deceased.)

6) [line 8] AILONIS - a woman who is incapable of conception. This word is derived from the word "Ayil," a ram, which is a male sheep that does not have a womb (Kesuvos 11a)

7) [line 9] HA'KONES - (lit. one who brings in [to his house]) one who marries [his sister-in-law by performing the Mitzvah of Yibum]

8) [line 12] SHOVER - a receipt [for the Kesuvah, given to the husband or his heirs after the value of the Kesuvah has been collected]

9) [line 16] L'ALTAR - immediately
10) [line 17] LO KOL HEIMENU - (lit. not everything is from him) he does not have the legal power; he is not believed

11) [line 25] KOL HA'MESHANEH MI'MATBE'A SH'TAV'U CHACHAMIM B'GITIN - all who deviate from the exact words that the Sages enacted with regard to Gitin

12) [line 38] L'SAFREI - to the scribes
13) [line 38] KI YASVISU B'SHILI - when you are in the place called Shili (near Pumbedisa)

14) [line 39] V'AF AL GAV D'MIMSERAN LECHU MILEI B'HINI - even though the instructions were given to you in the place called Hini


15) [line 2] SANTAR - a governmental official (related to the word "senator" -- YA'AVETZ); the town surveyor

16) [line 3] ISTANDERA D'BASHKAR - the viceroy of Bashkar

17) [line 8] ZILA LEHU MILSA - it is a disgrace for them (because of the low rank of this official)
b) [line 8] SHEVICHA LEHU MILSA - it is an honor for them (because of the high rank of this official)

18) [line 19] SHOMERES YAVAM
If a married man dies childless, his widow must undergo Yibum (the marriage of a dead man's brother with his wife), as it states in Devarim 25:5-10 (see above, entry #3). While the Yevamah is waiting for Yibum to be performed, she is called a Shomeres Yavam.

19) [line 20] LISHNA MA'ALYA NAKAT - he (the Tana of the Mishnah) chose to use "clean" language

20) [line 24] D'MICHLEFA B'ISHAH SHE'HALACH BA'ALAH LI'MEDINAS HA'YAM - since this case (the Tzaras Ervah who gets *married* to someone other than the Yavam) is similar to the case (in Mishnayos to Yevamos 10:1; Yevamos 87b) of the woman whose husband went overseas [and she remarried based upon the testimony of one witness who reported that her husband died, but her husband late returned]

21) [line 29] KA RAMYA KAMEI - (lit. [since she] is thrown in front of him) since those women "fall to Yibum"

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