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Gitin 31

GITIN 31 - sponsored by Hagaon Rav Yosef Pearlman of London, England, a living demonstration of love for and adoration of the Torah.



(a) One may designate fruit to separate Terumos and Ma'sros from it to exempt other batches of Tevel.

(b) In the event that one discovers the fruit to be no longer there - Rebbi Elazar ben Shamu allows for a period of twenty-four hours (though what he means is a matter of opinion, as we shall now see).

(c) According to Rebbi Yochanan, 'Me'es Le'es' means that we assume the fruit to have been lost only during the twenty-four hours prior to the time of discovery, but before that, it is assumed to have been there; according to Rebbi Elazar ben Antignos Mishum Rebbi Elazar b'Rebbi Yanai - it means that it is only assumed to have been there for the first twenty-four hours from the time that he designated it.

(a) According to Rebbi Yehudah, one is obligated to examine the wine that one has designated on three occasions. Two of them, when the east wind blows on Motza'ei Succos and when the grapes reach the stage of S'madar - which is the moment the flowers fall away and the fruit begins to resemble a grape.

(b) The third occasion is 'be'Sha'as K'nisas Mayim be'Bosar' - meaning when a little juice develops in the S'madar) and it becomes possible to squeeze some of that juice from it (this is synonymous with the grapes attaining the size of a Pul ha'Lavan [a white bean]).

(c) 'be'Sha'as K'nisas Mayim be'Bosar' might also refer to the stage - when, after grinding the Bosar, they tended to add water to it and use it as a condiment.




(a) In the event that one discovers the designated fruit to be no longer there, Rebbi Elazar in our Mishnah applied the S'vara of Chazakah to permit any fruit that was Ma'asered on account of it, in a period of twenty-four hours (according to the interpretations Rebbi Yochanan and Rebbi Elazar ben Antignos Mishum Rebbi Elazar b'Rebbi Yanai respectively). His opinion however - is not unanimous, since Rebbi Elazar (ben P'das) cites a Mishnah in Mikva'os, where the Rabbanan, in similar circumstances, dismiss the S'vara of Chazakah completely, as we shall now see.

(b) The Rabbanan in Mikva'os say that if a Mikvah had originally contained forty Sa'ah, but when measured, was found to be lacking - all the 'Taharos' that were Toveled in it remain Tamei.

(c) Neither do they differentiate between a Mikvah in a Reshus ha'Yachid or one that is in a Reshus ha'Rabim - despite the principle of 'Safek Tum'ah bi'Reshus ha'Rabim Tahor'.

(d) The reason that they do not apply the principle of ...

1. ... Safek Tum'ah bi'Reshus ha'Rabim, Tahor is - because it only applies when the Tum'ah is be'Safek (such as Safek Naga, Safek Lo Naga), whereas here the Tum'ah is Vaday (and it is the Taharah which is a Safek).
2. ... Chazakah - because the Mikvah is lacking in front of us (so how can we say declare it to have been Kasher at any stage. Bear in mind also that the person or the vessels that Toveled in it have a Chezkas Tum'ah).
4) When the Rabbanan in Mikva'os say 'Mikveh she'Nimdad ... Kol Taharos she'Na'asu al-Gabav Lemafre'a ... Teme'os', we need Rebbi Elazar (ben P'das) to inform us that they argue with Rebbi Elazar (ben Shamu'a) - because we might otherwise have explained 'Lemafre'a to mean up to twenty-four hours (either like Rebbi Yochanan or like Rebbi Elazar ben Antignos Mishum Rebbi Elazar b'Rebbi Yanai.


(a) We learned in our Mishnah that, according to Rebbi Yehudah, one is obligated to examine the wine that one has designated when the east wind blows on Motza'ei Succos. The Tana of the Beraisa qualifies this - confining it to when the autumn season (Tekufas Tishri) has already begun, but not if Succos falls early and the summer season has not yet terminated (see Tosfos DH be'Kidum').

(b) Rebbi Yehudah in a Beraisa, gives three dates from when on one may sell produce or wine - meaning that one partner in a wheat or wine business is permitted to sell without first consulting the other (because generally, these are the best times to sell).

(c) Two of the dates vis-a-vis ...

1. ... produce are before the seeding and at the time of seeding (see Tosfos). The third date is - 'P'ros Pesach' (meaning fifteen days before Pesach).
2. ... wine are P'ros ha'Pesach and P'ros Atzeres (i.e. Shavu'os). The third date is - 'P'ros ha'Chag' (i.e. Succos).
(d) By the same token, a partner is permitted to sell oil without consulting his partner - from Shavu'os and onwards.
6) After the last of these dates - each day is considered the right time, and one partner is permitted to sell without consulting the other.


(a) The Pasuk in Yonah refers to the east wind (that Hashem blew after the sun shone) as "Ru'ach Kadim Charishis". Rabah rejects Rav Yehudah's interpretation of 'a wind that is so powerful that it creates furrows in the sea' - inasmuch as the Pasuk is currently describing the heat of the east-wind, not its power.

(b) So Rabah interprets it to mean - the wind that silences (from the Lashon 'Cheresh' [meaning that stops]) the cold that is inherent in all the other winds.

(a) Rav Huna and Rav Chisda were seated when Geniva approached them. The reason that ...
1. ... one of them proposed that they stand up before him was - because he was extremely learned.
2. ... the other one declined to do so was - because he was a trouble-maker (as we saw above on 7a.).
(b) Geniva quoting ... Rav said that ...
1. ... all four winds blow every day - and that if the north wind did not blow with each of them, the world could not exist.
2. ... the south wind - is the most powerful of all the winds, and that if the Angel 'ben Netz' did not slow it down with its wings, it would destroy the world.
(c) When Rava went to greet Rav Nachman bar Ya'akov - he was sitting in a carriage designated for the aristocracy wearing a cloak of Techeiles (the color of the sky just before nightfall).

(d) Rav Nachman bar Yitzchak initially declined to go with him - because he thought that the person sitting in the carriage was someone from the Resh Gelusa's entourage, of which he had no need seeing as he himself was the son-in-law of the Resh Galusa (or because he was extremely wealthy. See Tosfos DH 'Ana').

(a) The reason that Rav Nachman bar Ya'akov gave for revealing his arm was - because the east-wind was blowing and he felt hot.

(b) Rava reacted to Rav Nachman bar Ya'akov's statement - by quoting statements by Rav Shmuel and Rebbi Yochanan in connection with the east-wind.

(c) Rav said that the east-wind causes a woman to have a miscarriage, and Shmuel, that it causes the pearls on the sea-bed to rot. Rebbi Yochanan added - that it even causes the semen inside a woman's stomach to rot. (d) Rav Nachman bar Yitzchak then explained the Pasuk in Hoshe'a "ve'Hu Bein Achim Yafri, Yavo Kadim ... ". When Hoshei'a said ...

1. ... "ve'Yeivosh Mekoro" - he meant that it causes a woman to have a miscarriage.
2. ... "ve'Yecherav Ma'ayano" - he meant that the east-wind causes the semen that is inside a woman's stomach to rot.
3. ... "ve'Hu Yishseh Otzar Kol K'li Chemdah" - that it causes the pearls on the sea-bed to rot.
(a) When Rava commented on Rav Nachman bar Yitzchak's explanation 'Ada Sura'ah Hu', he meant to say - that this explanation must have emanated from Sura, where they were experts in Darshening Pesukim.

(b) Rava himself explained the phrase (in the same Pasuk) "ve'Hu Bein Achim Yafri" to mean that the east wind even separates the handle from the spade. When ...

1. ... Rav Yosef said 'Afilu Sichsa be'Dafna' - he meant that it even pulled the pegs out of the wall.
2. ... Rav Acha bar Ya'akov mean when he said 'Kanya be'Kufsa Rafya' - he meant that it even takes apart the reeds that have already been woven into a basket.
***** Hadran Alach, Kol ha'Get *****

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