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Gitin 81

GITIN 81 - has been generously sponsored by Yeshayahu (Jason) Schmidt (originally of West Hempstead, N.Y.), a talmid of Rabbi Kornfeld.

1) [line 2] NIMLACH - he changed his mind
2) [line 9] MEVATLINAN KOLA - if it is possible to stop or contradict the rumors
3) [line 17] LA'AZ - false rumors of ill repute
4) [line 23] SHEVUYAH - a [female] captive
5) [line 29] TERAKSEMON - gateway

6) [line 31] KARPIFOS
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.

(a) Every fruit (or other produce) that must be tithed may not be eaten b'Achilas Keva (as a normal meal) before its Terumos and Ma'asros have been removed or designated. It may, however, be eaten b'Achilas Ara'i (as a "snack," not as a meal) until it becomes "Hukba l'Ma'aser" (designated for tithing) through an action that demonstrates the final preparation of the fruit for eating. After it is Hukba l'Ma'aser, it is forbidden to eat even b'Achilas Ara'i before the tithes are separated.

(b) Seven actions can designate fruits as Hukba l'Ma'aser:

1. Pickling the fruit
2. Dipping the fruit in salt
3. Starting to prepare the fruit to be eaten through heating (cooking, roasting, etc.)
4. Designating the fruit to be eaten on Shabbos
5. Separating Terumah from the fruit
6. Bringing the fruit into the owner's yard
7. Bringing the fruit to the market for sale
(c) The Amora'im question whether these actions designate the fruit as Hukba l'Ma'aser even if they have not reached the stage of "Nigmerah Melachtan" or only if they have reached the stage of "Nigmerah Melachtan." Nigmerah Melachtan means that the fruit has reached the final stage of preparation for which it is normally grown, such as removing the chaff from grain in the field and making it into an evened pile ("Miru'ach") and squeezing wine-grapes for wine. With regard to bringing the fruit into the owner's yard (#6 above, "Chatzer"), all agree that the fruit becomes Hukba l'Ma'aser only after it has reached the stage of Nigmerah Melachtan.

8) [line 33] "BI'ARTI HA'KODESH MIN HA'BAYIS" - "I have removed all of the holy things from my *house*" (Devarim 26:13)

9) [line 37] PUNDAKI - an inn

10) [line 41] EIN LIBO GAS BAH - (O.F. privez) he is not intimately familiar with her


11) [line 15] EDEI YICHUD - witnesses who saw them go into seclusion together

12) [line 20] HALACHAH KI'SETAM MISHNAH - Rebbi Yochanan rules that the Halachah follows the opinion in a Mishnah that is recorded anonymously ("Stam")

13) [line 21] GET KERE'ACH
(a) In order for a man to divorce his wife, he must write her a Get (bill of divorce), as it states in Devarim 24:1. A Get may be written on any surface, including paper, parchment, potsherds, leaves that do not wither, the hand of a slave and the horn of a cow (RAMBAM Hilchos Gerushin 4:3).
(b) Two types of Gitin were in use at the time of Chazal: a Get Pashut and a Get Mekushar. A Get Pashut is written on a piece of parchment, etc. that is Pashut (spread out and unfolded). A Get Mekushar is written in a very cumbersome manner. One or two lines are written, part of the parchment is folded over the writing and the fold is sewn down. A witness must sign on each part that is folded over. A Get Kere'ach "has more folds than signatures" and is invalid, since it lacks the number of signatures required. The Get Mekushar was instituted so that quick-tempered Kohanim would not be able to divorce their wives easily, since a Kohen may not marry a divorcee. It was assumed that the amount of time necessary to write a Get Mekushar would give the Kohen time to calm down.

14) [line 22] HA'KOL MASHLIMIN ALAV - anyone may be used to sign on the Get Kere'ach, even those non-relatives who are disqualified to give testimony such as a slave or a thief

15) [line 24] KESHARAV - (lit. its ties) the places where it is folded and sewn

16) [line 24] GEZEIRAH MISHUM "KULCHEM" - a decree due to "all of you"
(a) If a husband instructs a number of men to write a Get for his wife using the words, "I want *all of you* to write a Get for my wife," the Mishnah (above, Daf 66b) rules that one man writes the Get while all of the others must sign it. We assume that his words reveal his intentions that only if all of them are involved in the making of the Get will it be valid. Therefore, if one of those who must sign dies after the Get was written but before he signs, the Get is invalid.
(b) Similarly, with regard to the Get Kere'ach, the husband may have requested the same number of witnesses as folds to sign his Get Mekushar. Since there are more folds than signatures, we suspect that not all of the witnesses signed, and the Get may be invalid.

17) [line 26] ASU L'ASUKEI L'YUCHASIN - those involved will assumed that he is a Jew of unsullied lineage, and allow him to marry a Jewess

18) [line 34, 35] MEKUSHAR / PASHUT
See above, entry 14:b.

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