*****PEREK #4 HA'SHOLE'ACH*****
8) [line 7] BATEL HU (BITUL HA'GET)
(a) According to the Torah, a man who sends a Get (bill of divorce) to his wife with a messenger can revoke it before it reaches the hands of his wife by declaring in front of a Beis Din (i.e. two or three men -- Gitin 32b), "The Get that I have sent is hereby nullified." (MISHNAH here).
(b) The repeal of the Get takes effect even if it is not done in the presence of the woman or the messenger. However, the Chachamim forbade revoking the Get unless it is done in the presence of the messenger or the wife. According to some Amora'im, they feared that if the husband would revoke the Get without the knowledge of the messenger and the wife, his wife may marry another man, relying on the Get, without realizing that the Get was revoked before it was handed to her. In order to prevent this unfortunate situation, the Chachamim decreed that a man may not revoke a Get after sending it to his wife with a messenger unless he (or a second messenger of his) does so in their presence. Other Amora'im maintain that the decree was enacted because men regularly used to cancel Gitin after they dispatched them in order to distress their wives. The Chachamim therefore ruled that the husband (or a second messenger of his) must revoke the Get in the presence of the original messenger or the wife. The husband will not go to such lengths and pursue the original messenger to revoke the Get, just to distress his wife (ibid. 33a and RASHI).
(c) If the husband does revoke the Get while not in the presence of the first messenger or the wife (b'Di'eved), the Tana'im argue as to whether his action has any validity (ibid.). The Halachah follows the opinion that the repeal takes effect. However, since with the repeal the husband has transgressed a Rabbinical enactment, he receive Makas Mardus (see Background to Yevamos 52:1) for his action.
9) [line 13] TIKUN HA'OLAM - for the betterment of the world
10a) [line 13] HIGI'O - he caught up to him (indicating that he was pursuing his messenger)
b) [line 14] HIGI'A - he chanced upon him (indicating that he was not pursuing his messenger)
11) [line 14] MIMELA - by happenstance
12) [line 16] ALIMA - superior
13) [line 26] D'MEHADER ALEI ME'IKARA LI'VETULEI - he was initially seeking zealously to cancel it
14) [line 27] IGLA'I MILSA L'MAFRE'A - this discloses [his true intent in] the matter retroactively
15) [line 4] NAKTINAN - we have a tradition
16) [line 5] HOLECH LAV K'ZECHI DAMI
(a) When a person sends an object to another person who is not present by way of a Shali'ach (agent) there are two ways that the recipient may acquire (i.e. take Halachic title of) the object. The recipient may acquire the object when the Shali'ach delivers it and the recipient personally receives it and makes a Kinyan (a formal act of acquisition) on the object. Alternatively, the recipient may acquire the object at the moment that the original owner gives it to the Shali'ach by having the Shali'ach act on the recipient's behalf and make a Kinyan on the object for him.
(b) Normally, in order for the recipient to acquire the object at the moment that the Shali'ach receives it, two conditions must be fulfilled. If either of these two conditions are not fulfilled, the recipient must wait until he actually receives the object from the Shali'ach in order to be considered the Halachic owner of the object. The two conditions are:
1. The recipient must either have appointed the Shali'ach to acquire it on his behalf, or it must be obvious to all that the recipient would have wanted to appoint the Shali'ach to acquire it on his behalf. (The latter is known as "Zechiyah," or "Zachin l'Adam she'Lo b'Fanav"; see Background to Gitin 11:17)
2. The person giving the object must also be interested in having the Shali'ach transfer ownership of the object immediately. This condition is fulfilled when the original owner of the object clearly expresses his intent for the recipient to immediately acquire the object, for example by saying "Acquire ("Zechi") this object for so-and-so."
(c) The Gemara (Gitin 11b) discusses whether various expressions fulfill the second condition listed above. Some say that when the owner says "Give ("Ten") this object to so-and-so," he means that he wants the Shali'ach to acquire it for the recipient immediately. This is known as "Ten k'Zechi." Some say that even when the owner says "Take ("Holech") this object to so-and-so," he means that he wants the Shali'ach to acquire it for the recipient immediately. This is known as "Holech k'Zechi."
(d) The Rishonim explain that even those who maintain "Ten k'Zechi" and "Holech k'Zechi" only do so under limited circumstances. For instance, "Ten" will only be like "Zechi" if the giver of the object hands it over to the Shali'ach at the time that he says to the Shali'ach "Give ('Ten') this to so-and-so." In addition, "Ten k'Zechi" might be limited to an object (or money) that the giver is obligated to deliver to the recipient, but not to a gift. (See TOSFOS Gitin 11b DH Kol ha'Omer, Bava Basra 85a DH Hachi Garsinan.)
17) [line 6] ASHKECHEI - found
18) [line 6] D'SALI V'KAI B'IVRA D'DASHA - who was leaning on the bolt of the door
19a) [line 9] LO YO'IL - shall not be effective
b) [line 9] LO YATIR - shall not release [a woman from her marriage]
c) [line 9] LO YA'AZIV - shall not cause [a woman] to leave [her husband]
d) [line 9] LO YESHALE'ACH - shall not send [a woman out of her husband's house]
20) [line 10] YEHEI CHERES - shall be [as worthless as] a potsherd
21) [line 20] EINI? - Is it so?
22) [line 20] HILCHESA KAVASEI D'REBBI YOCHANAN D'AMAR CHOZERES - the Halachah follows the opinion of Rebbi Yochanan who rules that [a woman who accepted Kidushin (money for betrothal) with the stipulation that the betrothal would take place only after thirty days] may change her mind [before they take effect and the betrothal becomes nullified]
23) [line 28] BEI TREI - two people
24) [last line] MOSRANI (PRUZBUL - A document allowing the collections of loans after Shemitah)
(a) The Torah requires that all loans shall be canceled every seventh year, as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels loans at the end of the year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah year was approaching out of fear that that they would not get their money back because the debt would be annulled by the Shemitah year. By doing so, they were transgressing an express command of the Torah not to refuse to lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the "Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich), effectively creating a way to avoid having Shemitah annul one's debts, as long as the borrower owns some land (Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the end of the Shemitah year, stating that he is placing all debts owed to him into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By doing this, the creditor will not transgress the prohibition of "Lo Yigos" when he collects the loan after Shemitah, since he will not have to approach the borrower to collect the loan; Beis Din will take care of the collection and he will approach Beis Din. Beis Din, too, does not have to approach the borrower to collect the loan, since Beis Din can simply collect it themselves using their power of "Hefker Beis Din Hefker" (RASHI here DH Mosrani, to Kesuvos 89a DH Pruzbul and to Bava Basra 27a DH Pruzbul). A Pruzbul only allows a person to collect the loan after Shemitah if the borrower has land. It is unusual for a person to lend money to a person without land, and the Rabanan did not institute the use of Pruzbul for unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul). Alternatively, Pruzbul permits a person to collect a loan after Shemitah because the moment one allows Beis Din to collect his loans, it is as if they are already collected, and in his possession, immediately (since nothing can stop Beis Din from collecting the loan). This is also the reason the borrower must own land in order for Pruzbul to permit the collection of the loan. It is only if he has land that Beis Din can easily collect the loan. If the borrower only has movable possessions, it is possible for him to prevent Beis Din from collecting them by hiding them from Beis Din. Therefore they are not considered to have entered the creditor's possession until they are actually collected as payment. (RASHI to Bava Kama 12a DH Chal)
Index to Background for Maseches Gitin