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Gitin 83

GITIN 83-85 - 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 6] D'SALIK MINEI - it was the last name that he mentioned
2) [line 11] NA'ANEH REBBI TARFON - Rebbi Tarfon raised his voice to speak

(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get.
(b) Since the Torah calls the Get a "Sefer Kerisus," we are taught that the Get must completely sever the ties between the husband and his wife. If the husband introduces a retroactive condition into the Get, which cannot be completely fulfilled until the woman dies, the Get is invalid, since there will be no point at which the ties between the husband and his wife will be entirely severed in a practical manner, i.e. while she is still alive.

4) [line 27] EIN MESHIVIN ES HA'ARI L'ACHAR MISAH - (lit. we do not question the lion after his death) it is not proper to challenge Rebbi Eliezer's ruling after his death, when he is not able to defend his position

5) [line 32] MASNEH - to stipulate


6) [line 14] KODMEI HAVAYAH SHENIYAH - her status as a single woman in between her divorce and her second marriage

7) [line 16] LO AGIDA B'INISH ACHARINA - she is not "bound" to any man

8) [line 26] CHACHAM MATIR (HATARAS NEDARIM - revoking vows)
(a) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.
(b) There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).

9) [line 28] HAFARAS HA'BA'AL (HAFARAS NEDARIM - annulling vows)
(a) A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.
(b) A father may annul his daughter's vows while she is young, starting from the age at which her vows are valid (11 years old) until she becomes a Bogeres (six months after she becomes a Na'arah by growing two pubic hairs). If the father marries her off before she becomes a Bogeres, during the period of Eirusin both the father *and* the husband, or "Arus," must annul the vows in order for the annulment to be effective. After the consummation of the marriage through Nisu'in, the husband may annul the vows by himself. The father no longer has rights over her vows after her marriage, even if she is divorced before becoming a Bogeres.
(c) Nobody may annul the vows of a woman if she is an unmarried Bogeres, or if she is an unmarried Na'arah who was *once* married or who has no father. Instead, her Nedarim must be revoked through *Hataras* Nedarim (see previous entry).
(d) If the father or husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through *Hataras* Nedarim after Hakamah, see Insights to Nedarim 69:1:a:1.)

A married woman, who makes a Neder, does so (implicitly) on the condition that her husband agrees to it afterwards.

11) [line 41] MA'IS - he will die
12) [line 47] PASKAH - separated

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