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Gitin 84

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 13] MINSEVA - to get married

(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 Einai b'Shinah ha'Yom..." means "Sleep today should be prohibited to me like a Korban..."

3a) [line 20] MAVRIZ NAFSHEI B'SILVASA - pierce himself with thorns [to stay awake]
b) [line 20] V'LO NA'IM - and he will not sleep

4) [line 35] MAFLIGAH BI'DEVARIM - to divert her mind; to put her off (but the stipulation is invalid)


5) [line 3] ZARAH - a woman who is not the wife of a Kohen or the unmarried daughter of a Kohen

(a) It is possible to make a condition in all Nedarim (vows; see Background to Nedarim 2) or Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Neder or Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a).
(b) The exact format for conditional statements is learned from the condition that Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes in the wars of conquest of Eretz Yisrael proper (Kidushin 61a).
(c) It is debated among the Tana'im and Amora'im if it is possible to alter a Halachic effect (such as Nezirus or Kinyan) that the Torah or the Rabanan describe, through a Tenai. For instance, the Torah says that the Kinyan of Kidushin (betrothal) obligates the husband with certain marital and financial obligations towards his wife upon their marriage. If a person specifies that he wants to make a Kidushin on the condition that the Kidushin will not commit him to those obligations, it is called "Masneh Al Mah she'Kasuv ba'Torah," a Tenai that is attempting to change obligations [of Kidushin, in this case] that the Torah specifies. Another example of this would be if a person attempts to make himself a Nazir on the condition that he be permitted to become Tamei Mes. Some Tana'im rule that a condition which attempts to change any Kinyan, either one that is mid'Oraisa or one that is mid'Rabanan, is not valid. Others hold that a condition can change only a Kinyan that is mid'Rabanan (which is weaker), while yet others rule that it can only change a Kinyan that is mid'Oraisa (since the Rabanan were more stringent with their institutions, lest people belittle them). Finally, there are those who rule that it can change either a Kinyan that is mid'Oraisa or one that is mid'Rabanan.
(d) If the Tenai is not formulated properly, or if it does not fulfill one of the above points, the Tenai is not valid and the action (i.e. the Kinyan) takes effect *even if* the parties do not fulfill the specified conditions. That is, the Tenai is disregarded.

7) [line 12] SHE'ERAH, KESUSAH V'ONASAH - food, clothing and the obligation of a husband with regard to marital relations

8) [line 24] DILCHON AMAR - "Your own" [scholar, i.e. Rav Kahana, who traveled to Eretz Yisrael to learn Torah from Rebbi Yochanan] said

9) [line 27] L'ACHAR HA'TOREF - after the main part of the Get, which includes the names of the couple, the time and the words, "Harei At Muteres l'Chol Adam"

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