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Gitin 61

GITIN 61 - dedicated by Mr. Avi Berger of Queens, N.Y. in memory of his parents, Pinchas ben Reb Avraham Yitzchak and Leah bas Michal Mordechai



(a) We learned in our Mishnah that ...
1. ... the Tana Kama considers what a 'Chashu' finds, Gezel, because of Darchei Shalom, whereas according to Rebbi Yossi, it is 'Gezel Gamur'. The ramifications of their Machlokes are - whether the Chashu can actually claim it back in Beis-Din (Rebbi Yossi) or not (the Tana Kama).
2. ... that when a poor man knocks down dates from a date-palm, the same Machlokes is repeated. It would it be Gezel Gamur mi'd'Oraysa - if he would first take the dates in his hands.
(b) In the first of the two previous cases, the difference between Gezel Gamur mi'Divreihem and Gezel Gamur mi'd'Oraysa - is that in the former 1. he does not become Pasul le'Eidus, and 2. he has not transgressed a La'av.

(c) That man from Hutzal pointed out to Rav Kahana, when the latter began to eat the dates that he had knocked down by throwing sticks at them - that he had deliberately picked up the dates in his hands first, in which case it was strictly forbidden for anyone else to take them.

(d) When Rav Kahana commented that he must be from the place of Rebbi Yoshiyah, he meant that this would explain why he was such an expert in Halachah (since it was the way of Rebbi Yoshiyah to teach Halachos publicly, and it is about him and the likes of him, he concluded, that the Pasuk writes in Mishlei "ve'Tzadik Yesod Olam").

2) The Tana of a Beraisa obligates sustaining poor Nochrim alongside poor Jews, visiting their sick and - burying their dead.


(a) A woman is permitted to lend her friend who is suspect on Shevi'is a sieve, a hand-mill or an oven. 'Suspect on Shevi'is' means - to guard Sh'mitah-produce (to prevent others from taking it) and to retain it after the time of 'Bi'ur' arrives without getting rid of it.

(b) She is nevertheless forbidden to sort out the grain or to grind together with her - because one is not permitted to assist people whilst they are sinning.

(c) The wife of a Chaver (who is particular about Tum'ah and Taharah) may lend her friend who is an Am ha'Aretz, a sieve, and even to help her grind and sift.. She is no longer permitted to help her select - from the time that water is added to the flour, because from that moment on, it has the Din of dough that is Tevel for Chalah, and it is forbidden to render it Tamei.

(d) The Chachamim permitted as much as they did without decreeing (on lending and assisting) in all cases - only because of Darchei Shalom.

(a) According to Abaye, the Tana permits the woman to help her friend grind and sift in the Seifa (in spite of the Chashash Ma'asros), but not in the Reisha (because of the Chashash Sh'mitah) - on the grounds that whereas in the Seifa, it is a Chashash d'Oraysa, in the Reisha, we will apply the principle 'Rov Amei ha'Aretz Me'asrin Hein', and it is only a Chashash de'Rabbanan (at most - see Tosfos DH 'Rava').

(b) Rava disagrees - with the principle 'Rov Amei ha'Aretz Me'asrin Hein'. According to him, it might even be Mechtzah al Mechtzah, and still the Tana is lenient in the Seifa.

(c) He explains the leniency of the Seifa by establishing 'Am ha'Aretz' like Rebbi Meir. An Am ha'Aretz, according to ...

1. ... Rebbi Meir, is - one who is not particular to eat his Chulin be'Taharah.
2. ... the Rabbanan is - one who does not take Ma'asros.
(d) Nevertheless, he is not concerned about their nonchalance regarding Tum'ah *before* water has been added - because eating one's Chulin be'Taharah in Eretz Yisrael is only de'Rabbanan, and Chazal did therefore not decree.
5) We reconcile Rava with the Seifa of the Beraisa 'mi'she'Tatil es ha'Mayim, Lo Siga Imah', insinuating that the Reisha is not speaking about Tum'ah and Taharah (but about Ma'asros, like the Rabbanan) - by establishing both the Reisha and the Seifa by Tum'ah and Taharah, the Reisha by Tum'as Chulin, the Seifa by Tum'as Chalah (as we explained earlier).




(a) The Tana of the Beraisa draws a distinction between grinding one's own wheat and depositing it by someone who is suspect on Shevi'is or who eats his fruit be'Tuma'h - which he permits, and doing so on the suspect's behalf - which he forbids.

(b) The Tana is so lenient in the Reisha - because Amei ha'Aretz are not suspect on exchanging or even of touching, that what is not theirs.

(c) In spite of what we just learned about Tum'as Chulin, the Tana is strict in the Seifa, Abaye explains - because he is speaking about a Kohen who is suspect on eating his *Terumah* be'Tum'ah.

(d) If the Tana is speaking about a Kohen, we have a problem with the Reisha, which permits depositing Taharos with him. The Tana of a Beraisa ...

1. ... permits depositing Terumah with a Yisrael Am ha'Aretz.
2. ... prohibits depositing Terumah with a Kohen Am ha'Aretz, because, due to his superior status, he takes liberties (and is suspect on tampering with something that one deposits with him).
(a) We reject Rebbi Ila'a's answer (that the previous Beraisa speaks about an earthenware vessel which is sealed shut [and which the Kohen will then not render Tamei even if he touches it]) - on the grounds that we still be afraid that the Am ha'Aretz's wife sat on it whilst she was a Nidah, rendering it Tamei even if it was sealed shut.

(b) To resolve the discrepancy between the two Beraisos, Rebbi Yirmiyah establishes the first Beraisa - by fruit which was not yet Muchshar to receive Tum'ah (through contact with water), which is therefore not subject to Tum'ah under any circumstances.

(c) In another Beraisa, the Tana permits wheat that one took to a grinder who is a Kuti or an Am ha'Aretz to grind, regarding Ma'asros and Shevi'is - but not regarding Tum'ah.

(d) We reconcile the Seifa of this Beraisa with the earlier Beraisa which is not Choshesh for Tum'ah - by again establishing the latter by fruit that is not yet Muchshar Lekabeil Tum'ah.

(a) This answer was really obvious, but we nevertheless wanted to cite this latter Beraisa to ask on the Reisha (which is not concerned that the custodian might exchange the wheat for un'Ma'asered wheat) from yet another Beraisa. The Tana of another Beraisa -obligates someone who gives his mother-in-law (the wife of an Am ha'Aretz) a dough to bake for him, to Ma'ser it before he gives it to her and when he receives it ready-baked (for fear that she ate the dough that he gave her and returned a different one).

(b) We resolve the discrepancy by citing Rebbi Yehudah - who effectively draws a distinction between a mother-in-law and others. The former, he says, both wants only the best for her daughter and is also embarrassed for her son-in-law (when he doesn't have it). So we have good reason to suspect that she swapped the dough that her son-in-law gave her for a fresher and better one (but there is no reason to suspect others of doing the same).

(c) The Tana of another Beraisa is equally stringent in the case of a landlady Am ha'Aretz who bakes on behalf of a Talmid-Chacham - who is from another town, but who resides there in order to study Torah under his Rebbe.

(d) The Tana ascribes to her the same suspicion as a mother-in-law - on the basis that the inn-keeper's wife too, feels embarrassed that she eats fresh bread, whilst the Talmid-Chacham eats stale.

(a) The Tana of yet another Beraisa permits the wife of a Chaver to grind wheat together with the wife of an Am-ha'Aretz as long as she is Temei'ah, but not when she is Tehorah - because when she is Tehorah we are afraid that she will help herself to a few kernels (see Tosfos DH 'Eishes'), something that she is instinctively careful not to do when she is Temei'ah.

(b) Rebbi Shimon ben Elazar is more stringent than the Tana Kama. According to him - she is not even permitted to grind with her when she is Temei'ah, in case the Eishes Am ha'Aretz hands her some kernels, which she will inadvertently place in her mouth.

(c) We extrapolate from here that other people are also suspect of exchanging what one gives them - because if the Eishes Chaver will *steal* from her husband what is not hers, she will certainly *exchange* what people give her to look after.

(d) Rav Yosef resolves this Kashya - by pointing out that a woman allows herself the liberty of helping herself to something with which she is working (just like an ox whilst it is threshing), but not of tampering with what she has in her safekeeping.

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