[19a - 54 lines; 19b - 50 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any OTHER important corrections that Acharonim have pointed out in the Gemara, Rashi, and Tosfos.

[1] Gemara 19b [line 41]:

After the words "d'Hu Zachi"

should be "d'Hu Kadim"

(OR ZARU'A and PISKEI RID; also evident from RASHI)

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1)[line 1]אירכס ליה גיטא בי מדרשאIRCHAS LEI GITA BEI MIDRASHA- [had been appointed as a Shali'ach l'Holachah (see Background to 18:18) to deliver a Get (see Insights), and] he lost the Get in the Beis ha'Midrash

2)[line 1]אי סימנא, אית לי בגויהIY SIMANA, IS LI B'GAVEI- if [you will only return it to me if I offer] a Siman, I have one for it

3)[line 2]אי טביעות עינאIY TEVI'US EINA- if [you are willing to trust my] recognition of it

4)[line 3]אהדרוה ניהליהAHADRUHA NIHALEI- they returned it to him

5)[line 6]צורבא מדרבנןTZURBA ME'RABANAN- a young, sharp Torah scholar (see Insights)

6)[line 11]כתב ליתן בניסןKASAV LITEN B'NISAN- he wrote to give it in Nisan; i.e., the date written upon the Get is one in Nisan

7)[line 12]זביןZAVIN- sold

8)[line 12]פיריPEIREI (NICHSEI MILUG / NICHSEI TZON BARZEL - Property that a Woman Brings into a Marriage)

(a)All possessions belonging to a married woman fall into one of two categories: Nichsei Milug or Nichsei Tzon Barzel.

1.NICHSEI MILUG - In return for that which a husband is obligated to redeem his wife should she fall into captivity, the Chachamim decreed that he reaps the profits of any property belonging to his wife. Although the principle is hers, her husband reaps any gains that it produces as long as they are married. He may not, however, actively diminish the principle. For example, he owns any produce harvested from her field and the right to work her beast of burden, but he may not dig trenches in the field nor slaughter the ox. These possessions are called "Nichsei Milug" - "possessions that are plucked" - since he "plucks" the benefits from his wife's property (RA"V to Yevamos 7:1 and ARUCH Erech Malag). Nichsei Milug are not recorded, nor their values estimated, in a woman's Kesuvah (marriage contract). If her husband divorces her or dies before she does, then her Nichsei Milug are returned to her as is, regardless of any appreciation, depreciation, or deterioration that occurred during the intervening years.

2.NICHSEI TZON BARZEL - Property belonging to one's wife that are recorded and their values estimated in her Kesuvah are called "Nichsei Tzon Barzel" - lit. "iron sheep possessions." In the Kesuvah, her husband takes full responsibility for these items. Should he divorce her or die before she does, then his estate must see to it that she receives their value at the time of the marriage. Because he has a higher degree of responsibility for Nichsei Tzon Barzel than he does for Nichsei Milug, her husband has a higher degree of ownership in them as well.

(b)Our Gemara discusses a theoretical case of a husband who sold the profit (Peiros) of his wife's Nichsei Milug, only to then divorce her.

9)[line 13]ומפקאU'MAFKA- and she will produce (lit. take out)

10)[line 15]שנתן עיניוSHE'NASAN EINAV- lit. he placed his eyes; i.e., he planned

11)[line 17]שעת נתינהSHA'AS NESINAH- the time that [he actually] gives [the Get]

12)[line 18]כי אתיא למטרףKI ASYA L'MITRAF- (the Gemara answers) when she comes to appropriate [the Peiros of the Nichsei Milug sold between Nisan and Tishrei]

13)[line 18]אייתי ראיה אימת מטא גיטא לידךAISA RE'AYAH EIMAS MATA GITA L'YADACH- bring proof as to when the Get reached your hand (i.e., when you were actually divorced)

14)[line 26]ותבעהU'TEVA'AH- and demand from her [that she prove her claim]

15)[line 28]תעגין ותיתיבTA'AGIN V'SEISIV- remain unable to remarry

16)[line 29]תיזל ותיתיTEIZIL V'SEISI- let her go and bring

17)[line 33]קמו רבנן במילתאKAMU RABANAN B'MILSA- the Rabanan determined the matter

18)[line 34]ומקמי דידיU'MEKAMEI DIDI- before [the borrower sold] me [his property]

19)[line 36]שהרבSHE'HA'RAV- that the master [of this slave]

20)[line 40]וקנה נכסיןV'KANAH NICHSIN- and he purchased property [which then automatically belongs to his master]

21)[line 41]וזבנינהוV'ZAVNINHU- and he sold them

22)[line 41]ומפיקU'MAPIK- [the former slave] will produce (lit. take out)

23)[line 43]זכות / חוב הוא לעבד שיוצא מתחת רבו לחירותZECHUS / CHOV HU L'EVED SHE'YOTZEI MI'TACHAS RABO L'CHERUS - Whether Being Set Free is Advantageous or Disadvantageous for a Nochri Slave

(a)An Eved Kena'ani (a Nochri slave) can be set free only through a bill of emancipation. Such a document is termed a Get Shichrur. Tana'im disagree as to whether the freeing of an Eved Kena'ani is an inherent Zechus (advantage) for him or an inherent Chov (disadvantage). One difference between these two opinions applies in a situation in which the master of the Eved appointed a third party to deliver the Get Shichrur. According to Rebbi Meir, who rules that freedom is a Chov for the Eved, the master may retract his appointment as long as his Eved has not yet received the Get. According to the Chachamim, however, who maintain that it is a Zechus, once the agent has received the Get the master may no longer change his mind. This is due to the concept of Zachin l'Adam she'Lo b'Fanav - one may benefit another without his knowledge. Being as this is so, the agent acquired the Get Shichrur on the Eved's behalf, as soon as he received it, to the degree that the master may no longer retract.

(b)The reasoning of Rebbi Meir is that an Eved Kena'ani, while obligated in most Mitzvos, may carry on a relationship with a Nochri maidservant as long as he is a slave. We must assume that this is more preferable to him than the option of marrying a Jewess. The Chachamim maintain that the option of marrying a Jewess is presumed to be preferable for him, rather than remaining a slave who may not marry into Klal Yisrael (Gitin 13a-14a).

24)[line 45]עדיו בחתומיו זכין ליהEDAV B'CHASUMAV ZACHIN LO - Witnesses Effect the Transaction Described in a Document through Signing it

(a)Abaye teaches that when the acquisition of a document is beneficial for the party for whom it is intended, the witnesses acquire it for him through their signatures. Therefore, for example, if Reuven writes a document through which he wishes to give Shimon a present of a tract of land, the land will belong to Shimon as soon as the witnesses sign the document.

(b)If the content of the document is dependent upon a future event, then that which the signature of the witnesses effects the transaction will take place retroactively when the future event occurs. This is the case in our Gemara, when a receipt certainly cannot be proof that a debt has been paid until it has actually been so. Once it has been paid, however, the receipt held by the debtor is considered to have Halachic significance from the date upon which it was written, since it was then that the witnesses signed it.

(c)TOSFOS 20a, DH Shovar explains that the reason for this is a Rabbinic enactment. Since the value of the document lies in the signature of the witnesses, witnesses would have to witness the actual transfer and/or transaction before signing. This would make it difficult to arrange for a Shtar to be signed. Therefore the Rabanan decreed that even if the witnesses did not observe the transaction, their signatures would suffice to put it in effect, allowing them to sign upon documents more easily.

(d)Tosfos (ibid.) discusses whether this enactment applies to only to monetary matters, or even to prohibitions. An example of a case to which this question applies is one in which an Eved Kena'ani has marital relations with a Jewish woman. Under normal circumstances this renders her a Chalalah (see Background to Gitin 59:77), and she may not marry a Kohen or eat Terumah. If his Get Shichrur (bill of emancipation) had been written before this event, however, and he then received it afterward, does she remain a Chalalah? Tosfos does not definitively answer this question.

25)[line 45]שפירSHAPIR- it is satisfactory [since a Nochri slave is considered freed retroactively from the date written upon his Get Shichrur, as long as he actually receives it]

26)[line 49]דא תהא למיקם ולהיותDA TEHEI L'MEIKAM V'LIHEYOS- this shall be established and carried out

27)[line 49]שאם מת נכסיו לפלוניSHE'IM MES NECHASAV L'FLONI (SHECHIV MERA - A Man on his Deathbed)

(a)A Shechiv Mera is one who is about to die. Such an individual has a unique ability to bequeath his possessions to anyone of his choosing through speech alone. Normally, one must execute a proper Kinyan (act that effects an acquisition, such as Hagbahah - lifting; see Background to 21:6) in order to transfer his possessions to another. For fear that concern over his inability to transfer his possessions quickly enough will hasten his death, the Chachamim instituted that a Shechiv Mera may bequeath his property with a simple verbalization that he wishes the transfer to take place. Until his death, he may even verbally retract that which he had earlier gifted and gift it to another instead. Should he recover from his malady, any such gifts are revoked automatically, for it is clear that the Kinyan was executed only to set his affairs in order prior to his death.

(b)The wishes of a Shechiv Mera are often recorded in a document. In order to make it clear that the gifts recorded have the status of a Matnas Shechiv Mera as opposed to that of a normal gift that is given unconditionally, such a document includes the key phrase "ked'Katzir v'Rami b'Arsei" - "as he lay deathly ill in bed."

28)[line 50]מהיום, ולאחר מיתהMEHA'YOM, UL'ACHAR MISAH- [the principle of the item is given to you as a gift] from today, and [the ability to sell it, bequeath it, or reap any gain or profit from it belongs to you beginning only] after my death

29a)[line 51]בריאBARI- one who is healthy

b)[line 52]שכיב מרעSHECHIV MERA- one who is deathly ill; see above, entry #27

30)[line 53]טעמא דלא אמר, "תנו"TAIMA D'LO AMAR, "TENU"- (the Gemara infers from that which our Mishnah states that the reason not to return the documents listed is that he may have decided against giving them) the reason [not to return them] is that [he who stands to lose] did not say, "Give them"

31)[last line]אפותיקאותAPOTIKA'OS (APOTIKI - A Designated Security)

(a)One may designate one of his possessions or parcels of land as a security for a debt. Although the item does not yet pass into the possession of the creditor, he holds a Shibud (lien) on it such that even if the debtor sells the item or otherwise passes it from his possession, the creditor may claim it in lieu of the debt. Such an item is termed an "Apotiki." This is a contraction for "Apo Tehei Ka'i" - "upon this shall [the debt] stand." Since the debt is now dependent upon the Apotiki, should the Apotiki be lost, stolen, or rendered forbidden then the creditor has lost all rights to collect.

(b)The Beraisa cited in our Gemara refers to a document designating a specific possession as an Apotiki.

19b----------------------------------------19b

32)[line 3]דבר מהדר הואD'BAR MEHADER HU- for he is someone who is capable of retracting [his gift]

33)[line 4]כתבה מעיקרא להאיKESAVAH ME'IKARA L'HAI- he originally wrote [this gift] over to one person

34)[line 4]ואמליךV'AMLICH- and he changed his mind

35)[line 7]אי במתנת בריא יהבה ליהIY B'MATNAS BARI YAHAVAH LEI- if he had given [the gift to the second person] with the gift of a healthy person (i.e., the document did not include the words, "ked'Katzir v'Rami b'Arsei," in which case the gift is final)

36)[line 8]לית ליה פסידאLEIS LEI PESEIDA- there is no [possibility of] loss [to the rightful owner of the gift through the return of the document]

37a)[line 8]דכי (נפקא) [נפקי] תרתיD'KI (NAFKA) [NAFKEI] TARTEI- for when [the two recipients] produce the two [documents respectively]

b)[line 8]בתרייתא זכיBASRAISA ZACHI- [he who holds] the second [document (i.e., the one dated later)] will prevail

38)[line 9]מקמייתאMI'KAMAISA- from [he who holds] the first [document (i.e., the one dated earlier)]

39)[line 18]מהדר לא מצינא הדרנא ביMEHADER LO MATZINA HADRANA BI- I am unable to retract [my earlier gift]

40)[line 19]וניהדרו ניהליה כתבאV'NIHADRU NIHALEI KESAVA- and they will return the document to him

41)[line 20]כי היכי דכי מפיק האי כתבא, דקדיםKI HEICHI D'CHI MAPIK HAI KESAVA, D'KADIM- so that when he produces that document, which is dated earlier

42)[line 25]וקא בעית דתתבה להאיV'KA BA'IS D'SESVAH L'HAI- and you wish to give it to this [person]

43)[line 29]אידי ואידיIDI V'IDI- [in] both [our Mishnah and the Beraisa]

44)[line 31]בבריהB'VREI- in [a case in which the Shechiv Mera died and it is] his son [who confirms that his father had indeed given the gift before his death]

45)[line 38]ובתר אבוהU'VASAR AVUHA- and after his father [died]

46)[line 38]איהוIHU- the son

47)[line 40]ונתבו ליה כתביהV'NESVU LEI KASVEI- and they will give him the document

48)[line 40]וניזיל ונפיק מיניהV'NEIZIL V'NAFIK MINEI- and [Beis din] will go and take [the gift] away from [the true recipient]

49)[line 41]ונפלוג בהדיהV'NIFLOG BAHADEI- and I will split it with [he whom I claimed received it from my father]

50)[line 43]קושטאKUSHTA- the truth

51)[line 46]שוברSHOVAR- a receipt [written by a married woman stating that she has received her Kesuvah (see Background to 17:12) from her husband, even though he was not under any obligation to give it to her at that time]

52)[line 49]בטובת הנאהTOVAS HANA'AH - The Value of Rights to an Item

(a)"Tovas Hana'ah" refers not to the actual value of an item, but rather the value of the rights to that item.

(b)One common example of Tovas Hana'ah involves a non-Kohen who has not yet gifted a Kohen with Terumah that he has separated from his produce. Although he cannot keep the Terumah for himself, he holds the right to give it to a Kohen of his choosing. This right is termed Tovas Hana'ah.

(c)Our Gemara discusses the Tovas Hana'ah of a woman who wishes to sell the rights to her Kesuvah. She will not receive the full value of what is promised to her in the Kesuvah, since she gains the rights to collect her Kesuvah only if she is divorced or outlives her husband. The amount that one would be willing to speculate on the possibility of receiving the full value of the Kesuvah at a later date is termed Tovas Hana'ah.

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