BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
GITIN 36 - dedicated by Rav Gedalya Weinberger of Brooklyn, N.Y., in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, whose Yahrzeit is 18 Adar. Reb Chaim Tzvi, who miraculously survived the holocaust, raised his children with a strong dedication to Torah and its study.
[a - 46 lines; b - 45 lines]
1) [line 4] D'MADRINAN LEI AL DA'AS RABIM - Beis Din makes him take a vow with a stipulation that the vow can only be rescinded with the consent of the public. Since it is impossible to attain the consent of everyone, the vow cannot be absolved (see Insights).
2) [line 8] MAKREI DARDEKEI - a teacher of young boys (who teaches them to read verses)
3) [line 9] HAVAH PASHA B'YENUKEI - he would hit his students severely
4) [line 10] V'AHADREI RAVINA - and Ravina reinstated him
5) [line 10] D'LO ISHTAKACH D'DAYIK KAVASEI - for there was no other teacher who was as punctilious as he
6) [line 14] EDEI MESIRAH KARSEI
The witnesses who watch the Shtar being given are the main part of the Shtar, i.e. the ones who make the Shtar take effect. (This is in contrast to the opinion that holds that Edei Chasimah Karsei, meaning that the witnesses who sign the Shtar are the main part of the Shtar and are the ones who make the Shtar take effect.)
7) [line 16] MAISEI - die
8) [line 18] L'REBBI MEIR (EDEI CHASIMAH KARSEI)
Rebbi Meir is of the opinion that "Edei Chasimah Karsei" -- see above, entry #6.
9) [line 18] MEFARSHIN SHEMOSEIHEN - (a) writing their actual names, e.g. "Shimon" (RASHI; see next entry); (b) writing their names and the names of their fathers and other such identifying words, such as "the Kohen" or "the Short" (YA'AVETZ; see next entry)
10) [line 20] ANI, PELONI, CHASAMTI ED - (a) "I, Peloni, have signed as a witness," using the word "Peloni" instead of his name (RASHI; see Tosefta 7:11) (or writing "I have signed as a witness," without the word "Peloni" -- HA'RAV YITZCHAK ISAAC CHAVER); (b) "I, [first name only, e.g. Shimon], have signed as a witness" (YA'AVETZ, RASHASH)
11) [line 21] IM KSAV YADO YOTZEI MI'MAKOM ACHER - if his signature matches that on a previously validated Shtar or Get (KIYUM SHETAROS)
Mid'Oraisa, a Shtar (contract) or Get which was written legally and signed by witnesses is considered absolute proof. The Chachamim, out of fear of forgeries, required that every Shtar be validated ("Kiyum") in one of the following manners:
1. The witnesses themselves attest to the validity of their signatures.
2. Two other witnesses who recognize the signatures attest to their validity.
3. The signatures are matched to those on a previously validated Shtar or Get.
12) [line 24] SIMANA - symbol, sign, mark
13) [line 24] RAV TZIYAR KAVRA - Rav drew a fish
14) [line 25] CHARUSA - a palm branch
15) [line 26] SAMECH - the letter Samech
16) [line 26] AYIN - the letter Ayin
17) [line 27] MAKUSA - (a) the sail of a ship (RASHI); (b) a ship (ARUCH)
18) [line 27] BEKI'IN SIMANAIHU - their signs are well-known
19) [line 28] ME'IKARA B'MAI AFKE'INHU? - Initially, how did they cause them (these signs) to go out, i.e. to become well-known?
20) [line 28] DISKEI - responsa (She'elos u'Teshuvos) or letters
21) [line 30] PRUZBUL
See Background to Gitin 34:27.
22) [line 30] EINO MESHAMET - the Shemitah year does not cancel [the loan to which a Pruzbul was written]
23) [line 33] "HISHAMER LECHA PEN YIHEYEH DAVAR IM LEVAVCHA VELIYA'AL LEIMOR 'KARVAH SHNAS HA'SHEVA, SHNAS HA'SHEMITAH,' V'RA'AH EINCHA B'ACHICHA HA'EVYON V'LO SITEN LO." - "Beware of yourself lest there be a base thought in your heart saying, 'The seventh year is near, the year of Shemitah,' and you will look upon your needy brother with an evil eye and you will not give him [a loan.]" (Devarim 15:9)
24) [line 37] SHE'EGVENU - that I will collect it
25) [line 41] "V'ZEH DVAR HA'SHEMITAH SHAMOT KOL BA'AL MASHEH YADO ASHER YASHEH B'RE'EHU; LO YIGOS ES RE'EHU V'ES ACHIV, KI KARA SHEMITAH LA'SH-M" - "And this is the manner of the "release" of the Shemitah year: Every creditor who lends anything to his neighbor shall release it; he shall neither exact it of his neighbor nor of his brother; because it is called Hashem's Release." (Devarim 15:2)
26) [line 43] SHEMITAS KARKA (SHEVI'IS)
(a) The Torah requires that farmers desist from working the land every seventh year, as described in Vayikra 25:1-7. The fruits that grow during the seventh (Shevi'is) year are holy to the extent that 1. they must be considered ownerless; anyone may come into any field and pick the fruit that he intends to eat. 2. The fruits may not be bought and sold in a normal fashion (see Insights to Sukah 39:2). 3. The Torah requires that the fruits of Shevi'is be used only for eating or drinking (in the normal manner of eating for that type of fruit) or for burning to provide light (in the case of oil). They may not be wasted or used for medicinal purposes or animal fodder, etc.
(b) The Shemitah year is meant to teach the Jewish people to rely on Hash-m for their sustenance, a fact that is not always clear to them during the six years in which they work their own fields.
27) [line 43] SHEMITAS KESAFIM (HASHMATAS KESAFIM)
(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.
28) [line 5] SHEV V'AL TA'ASEH HU - (lit. it is [a case of] "Stay put and do not do!") usually, this refers to an act that one must refrain from performing. Abaye answers that the Rabanan-instituted Hashmatas Kesafim works according to this principle, since the debtor keeps his money and does not pay back the loan
29) [line 5] HEFKER BEIS DIN HAYAH HEFKER
(a) The Chachamim, if they see a need for it, may declare any property Hefker, thus removing it from the possession of its owner, as a fine or for any other reason they see fit. Hefker Beis Din gives the property the status of Hefker for all intents and purposes, even exempting it from Ma'asros if it is a food item.
(b) The Rishonim and Acharonim argue whether as a result of Hefker Beis Din the property remains without an owner until it reaches someone's possession, or whether the Rabanan have the power to decree that the property leave one person's possession and enters the possession of another person (see Insights).
30) [line 7] "[VA'YA'AVIRU KOL B'YEHUDAH V'YERUSHALAYIM L'CHOL BNEI HA'GOLAH L'HIKAVETZ YERUSHALAYIM:] V'CHOL ASHER LO YAVO LI'SHLOSHES HA'YAMIM, KA'ATZAS HA'SARIM VEHA'ZEKENIM, YACHORAM KOL RECHUSHO, V'HU YIBADEL MI'KEHAL HA'GOLAH." - "[A proclamation was issued in Yehudah and Yerushalayim to all of the people of the exile to assemble in Yerushalayim:] And that anyone who would not come within three days, in accordance with the counsel of the officers and the elders, all his property would be destroyed, and he would be isolated from the congregation of the exile:" (Ezra 10:7-8)
31) [line 10] "ELEH HA'NECHALOS ASHER NICHALU ELAZAR HA'KOHEN VI'YHOSHUA BIN NUN V'ROSHEI HA'AVOS..." - "These are the inheritances, which Elazar the Kohen, and Yehoshua the son of Nun, and the chiefs of the fathers of the tribes of the children of Yisrael, [divided as an inheritance by lot in Shiloh before Hash-m, at the entrance to the Tent of Meeting. Thus they finished dividing the country.]" (Yehoshua 19:51)
32) [line 15] L'DAREI - for his own generation
33) [line 26] ALIMEI L'AFKU'EI MAMONA - who have enough legal power to extract money [from litigants]
34) [line 28] ULBENA D'DAYANEI - the arrogance of the judges, as the Gemara states below
35) [line 28] IY AYASHER CHAYIL - if I had enough [legal] power
36) [line 36] NICHUSA - convenience (RASHI)
37) [line 37] ALUVAH - arrogant
38) [line 38] "AD SHEHA'MELECH BI'MSIBO; NIRDI NASAN REICHO" - "While the King was yet at his party (Mount Sinai); my spikenard (an aromatic plant used as perfume) gave forth its scent" (Shir ha'Shirim 1:12) - Rashi to Shabbos 88b explains that the scent was given forth to others, i.e. the Golden calf.
39) [line 40] CHAVIVUSA HU GABAN - even though this verse describes the sin of the Golden Calf, it is worded in a way that demonstrates that Hash-m still cherishes us (Bnei Yisrael)
40) [line 41] HA'NE'ELAVIM - those who others insult
41) [line 41] V'EINAN OLVIN - yet they do not insult others
42) [last line] PERUS BULEI U'VUTEI - from the Greek "Pruz" (or "Prus") = 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). (The MAHARSHA points out that in the method of linguistic extrapolation whereby each letter that is formed similarly in the mouth may be interchanged, the letters "Lamed" and "Tes" are part of the set of letters that are formed primarily by using the tongue (Daleth, Tes, Lamed, Nun and Tav). As such, the word "Pruzbul" may be read "Pruzbut," hinting at the benefit for the poor, that they find creditors to lend them money as the Shemitah year approaches.)
Index to Background for Maseches Gitin