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Sukah 24

SUKAH 21-25 - my brother Ari Kornfeld has generously sponsored one month of Dafyomi publications for the benefit of Klal Yisrael

1) [line 9] BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e. Bereirah doesn't work). Bereirah means making one's action contingent retroactively on future events. Examples of this are: selling an object on the condition that it rains tomorrow; buying or selling *today* an object that will be selected tomorrow. "Ein Bereirah" means that such a stipulation does not work. An action cannot be contingent on a future event. The Ran (Nedarim 45b) explains the logic of this rule by saying, "It is not proper for something to take effect, when there remains a doubt on *what* it will take effect." (See Insights to Chulin 15:2.) "Yesh Bereirah" means that such a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question that the action works -- even if the people involved in the action are not aware as to whether the past event did or did not take place. Example: If a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two different directions, and stipulates "if my Rebbi is *presently* staying in a village towards the East, I would like the Eastern Eruv to work, if not, I would like the Western Eruv to work." The man making the Eruv may not know where his Rebbi is, but when he finds out, the Eruv will have taken effect on the side that he stipulated.
(c) We find dozens of instances in the Gemara where a person may perform an action "on the condition that..." (b'Tenai). For example, a man may buy or sell an object or divorce his wife on the condition that the other party pays or does whatever the first party specifies. If the condition is not kept *in the future*, the sale or divorce is annulled. This situation is not called Bereirah -- see Insights to Yoma 56:1.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding Biblical questions (mid'Oraisa), we assume that Bereirah does not work (l'Chumrah), but in regards to Rabbinical questions (mid'Rabanan), we rely on Bereirah.

2) [line 4] BEKI'AS HA'NOD - breaking of the leather bottle (making it impossible to separate the Terumos and Ma'asros)

3) [line 13] LECHESHE'YIBAKA - when it will break [we will worry about it]; i.e. we need not worry that it will break because a watchman can be appointed to guard it

4) [line 29] KOL MECHITZAH SHE'EINAH ASUYAH B'YDEI ADAM - any partition which is impossible to be made by a person (see Insights)

5) [line 31] D'UKMAH B'NOD TAFU'ACH - if a person placed the wall of the Sukah upon a leather bottle that was inflated with air


6) [line 3] GITEI NASHIM
(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) Rebbi Yosi ha'Gelili is of the opinion that a Get may not be written on slaves or animals, but the Halachah does not follow his opinion.

7) [line 4] EIN LI ELA SEFER - I only know that it is permitted to write a Get on a piece of parchment
8) [line 7] V'EINO OCHEL - and it is not a food
9) [line 9] L'SEFIRAS DEVARIM B'ALMA - for a mere recounting of the details of the divorce
10) [line 12] ISKASH YETZI'AH L'HAVAYAH - divorce is compared to betrothal (Kidushin) in the verse in Devarim (24:2)

11) [line 27] KA'AZIL V'ASI - it (the wall made out of trees) moves back and forth
12) [line 28] NOFO - its branches
13) [line 32] MECHITZAS HA'KANIM - a border of planted reeds in the L-shape of a Deyomad

14) [line 32] DEYOMAD
Lit. "two pillars" ("Deyo Amudin"); an L-shaped stand which has two sides perpendicular to each other, each of which is at least one Tefach long. When four such stands are placed at the four corners of a given area, that area is considered to be enclosed by partitions, for each Deyomad -- with its two sides -- is like two Mechitzos. This is the principle whereby the Rabanan permitted carrying on Shabbos within "Pasei Bira'os;" by viewing the area within these pillars as a single Reshus ha'Yachid, the Rabanan permitted the wayfarers to draw water from the well within the area surrounded by the four Deyomadim.

15) [line 34] HA'MEISEICH AL HA'ARETZ - that hangs over the ground
16) [line 34] NOFO - the end of its branches

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