[15a - 40 lines; 15b - 31 lines]
1)[line 1]כבינתיKEVINASI- my brooch (O.F. nosche)
2)[line 1]בשנים עשר מנהB'SHNEIM ASAR MANEH- is worth 1,200 silver Dinarim/Zuzim (a fortune)
3)[line 3]תקברם אמם!TIKBEREM IMAM!- may their mother bury them! Rebbi Eliezer so cursed the Bnei Rochel because they disregarded his Halachic rulings (see RASHI). He maintained that as a result of their wicked ways, the Chachamim were not careful to insure that they followed the Halachah, and it was therefore impossible to prove a Halachic point from an occurrence involving them.
4)[line 10]נשיאNASI- lit. prince; the hereditary position of spiritual leader of the generation
5)[line 10]או משמיה דנשיא קאמר?O MI'SHMEI D'NASI KE'AMAR?- or did he say it in the name of the Nasi? Because we have not seen elsewhere that Rebbi Shimon was a Nasi, we suspect that the correct Girsa of the Beraisa is "Amar Rebbi Shimon, ha'Nasi Omer" (TOSFOS DH O).
(a)The Gemara often leaves a question unanswered with the word "Teiku."
(b)The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:
1.It is sealed in its container ("Tik") (ARUCH, Erech Tik).
2.Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3.Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
PEREK #2 HA'MEVI GET
7)[line 19]גטG ET
(a)A marriage can be dissolved in one of two ways. One is through the death of either spouse. The other is through the presentation of a "Sefer Kerisus" (lit. document of severance) by the husband to his wife. This document must be placed into her possession (v'Nasan b'Yadah") in the presence of two witnesses (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).
(b)A Get may be written upon any surface, such as paper, parchment, shards of pottery, leaves (that will not wither), the hand of a slave, and the horn of a cow. It may not, however, be written upon that which is still growing from the ground.
(c)The main body of a Get consists of the words "Harei At Muteres l'Chol Adam" — "You are hereby free to [marry] whomever you wish." It must also contain the full names of both husband and wife (i.e., their first names along with those of their fathers), their places of residence (or birthplace, according to some), the location of the writing of the Get, and the date. If any of these details is missing or incorrect, then the Get is invalid (34b, Yevamos 91b). The Get must be written Lishmah — with the express intent of using it to divorce the woman mentioned therein (20a).
(d)One need not hand the Get directly to his wife. He may appoint a Shali'ach (delegate) to bring the Get to her and deliver it in his stead. Such a Shali'ach is termed a "Shali'ach l'Holachah." A woman may also appoint a "Shali'ach l'Kabalah" to receive a Get from her husband (or his Shali'ach). In the case of a Shali'ach l'Kabalah, she becomes divorced as soon as the Shali'ach receives the Get. She may also appoint a Shali'ach to receive the Get for the purpose of bringing it to her. Such a "Shali'ach l'Hava'ah" does not act as her agent; she will not be divorced until she receives the Get from the Shali'ach l'Hava'ah.
(e)Our Mishnah discusses a Shali'ach l'Holachah.
8)[line 19]ממדינת היםMEDINAS HA'YAM- a country abroad (see Insights to 2:1)
9)[line 22]נחתם חציוNECHTAM CHETZYO- half of it (i.e., one of the two witnesses) was signed
10)[line 23]אחד אומר בפני נכתב ואחד אומר בפני נחתם פסולECHAD OMER B'FANAI NICHTAV V'ECHAD OMER B'FANAI NECHTAM, PASUL- There are two ways to understand this case in the Gemara. According to the understanding that only one of the two was appointed a messenger of the husband, the reason why this case is unacceptable is that the Chachamim decreed that only a messenger may be believed. If both were appointed messengers, such testimony is unacceptable since its acceptance may lead one to believe that a single witness may be relied upon for the ratification of other documents (see below, #15a) (see 3a).
11)[line 24]ואחד אומרV'ECHAD OMER- and [a third person] says
12)[line 28]צריך שיאמרTZARICH SHE'YOMAR...- From that which a messenger from Chutz la'Aretz must state b'Fanai Nichtav uv'Fanai Nechtam, it is implicit that if he does not do so the Get is invalid.
13)[line 33]שיטה אחתSHITAH ACHAS- the first line [of the Get, which is the integral part (Toref) as it contains the names of the husband and wife as well as the date]
14)[line 33]לשמהLISHMAH- [that which a Get must be written] with the express intent of using it to divorce the woman mentioned therein (20b)
15a)[line 37]או כולו בקיום הגטO KULO B'KIYUM HA'GET (KIYUM SHETAROS - The Ratification of Legal Documents)
(a)By Torah law, any Shtar (contract) or Get (divorce document) properly written and signed by valid witnesses is unassailably valid. However, out of concern for forgery, the Chachamim decreed that one affected by a document may insist that it be Mekuyam (validated). This can be accomplished in one of three ways:
1.The signed witnesses themselves attest to the validity of their signatures;
2.Each signature is validated by two others who recognize it;
3.The signatures are matched to those on previously validated documents.
(b)Rav Chisda here states that one must ratify a Get through one of the aforementioned three ways.
b)[line 38]או כולו בתקנת חכמיםO KULO B'TAKANAS CHACHAMIM- or [else] completely through the establishment of the Chachamim [that he who brings a Get from Chutz la'Aretz may validate it through stating b'Fanai Nichtav uv'Fanai Nechtam]
16)[line 39]דאילו אמר חדD'ILU AMAR CHAD- if one person would say [(a) "I recognize these signatures" (RASHI); (b) "b'Fanai Nechtam (TOSFOS to 3a DH Atu)] (see Background to 3:13)
17)[line 2]אתו לאיחלופי בקיום שטרות דעלמאASU L'ICHLUFEI B'KIYUM SHETAROS D'ALMA- people will come to confuse it with the general laws of ratifying [monetary] documents (see above, entry #15a)
18)[line 3]וקא נפיק נכי ריבעא דממונא אפומא דחד סהדאV'KA NAFIK NAKI RIV'A D'MAMONA A'PUMA D'CHAD SAHADA- [and in a case of a monetary document in which one witness ratifies his own signature as well as joining with another to ratify the second signature,] three quarters (lit. less a quarter) of the money would be transferred based upon the testimony of a single witness.
19)[line 5]דאילו מסיק ליה איהו לכוליה דיבוראD'ILU MASIK LEI IHU L'CHULEI DIBURA- that if he would have finished the statement [of (a) "I recognize this signature" without another witness joining him (RASHI); (b) "b'Fanai Nichtav uv'Fanai Nechtam" as per the Rabbinic decree (TOSFOS to 15a DH Mi)]
20)[line 11]מסהידMAS'HID- testifies
21a)[line 15]או כדרבא או כדרב אשיO KED'RAVA O KED'RAV ASHI- [the case which the Mishnah rules invalid must be] either that of Rava [in which the messenger himself joins with another to ratify the second signature] or that of Rav Ashi [in which the messenger claims to be the second signatory]
b)[line 16]ולאפוקי מדרב חסדאUL'AFUKEI MID'RAV CHISDA- to the exclusion of [the ruling of] Rav Chisda [which is more extreme and cannot therefore be assumed]
22)[line 18]לא זו אף זו קתניLO ZU AF ZU KA'TANI- [the rulings of the Mishnah] are taught in a format of "not only this, but even that"
23a)[line 19]גידוד חמשהGIDUD CHAMISHAH- an embankment five [Tefachim high from the vantage point of one (a) inside a pit (RASHI); (b) in a lower courtyard looking at side of an upper courtyard (RASHI to Eruvin 93b); (c) atop the embankment in either of the two aforementioned scenarios (TOSFOS DH Gidud)]
b)[line 19]ומחיצה חמישהU'MECHITZAH CHAMISHAH- and a partition five [Tefachim high built atop the embankment such that one is looking at a wall that is (a) ten Tefachim high in total (RASHI); (b) five Tefachim high, although on its other side it is ten Tefachim high (TOSFOS DH Gidud)]
24)[line 20]אין מצטרפיןEIN MITZTARFIN (HOTZA'AH - The Transferal of Objects from one Domain to Another on Shabbos)
(a)One may not transfer objects from one domain to another (Hotza'ah) on Shabbos; this is the last of the thirty-nine Avos Melachos (categories of acts of creative labor) of Shabbos. There are four designations of domains for the purposes of Hotza'ah:
1.RESHUS HA'RABIM (a public domain) is defined as a thoroughfare that is sixteen Amos wide and open at both ends, or an open plaza that can hold many people. According to some Rishonim, 600,000 people must pass through daily for the area to be considered a Reshus ha'Rabim (see Insights to Shabbos 6b).
2.RESHUS HA'YACHID (a private domain) is an area at least four Tefachim square that is enclosed by a partition ten Tefachim high on at least three sides. A raised area ten Tefachim tall and four Tefachim square has the status of a Reshus ha'Yachid as well. Reshus ha'Rabim and Reshus ha'Yachid are the only Reshuyos recognized by the Torah.
3.KARMELIS is the Rabbinic term given to certain areas that share characteristics with both a Reshus ha'Yachid and a Reshus ha'Rabim. Examples include the sea, a desert, and a four Tefach square area in Reshus ha'Rabim that is not ten Tefachim tall.
4.MEKOM PETUR refers to areas that do not fall into any of the above categories. Examples include a doorstep smaller than four Tefachim square, an area in Reshus ha'Rabim less than four square Tefachim that is not ten Tefachim tall, and the airspace above ten Tefachim in a Reshus ha'Rabim (See Shabbos, Charts #1-2).
(b)According to Torah law, Hotza'ah involves one of the following:
1.HOTZA'AH - the transferal of objects from a Reshus ha'Yachid to a Reshus ha'Rabim;
2.HACHNASAH - the transferal of objects from a Reshus ha'Rabim to a Reshus ha'Yachid;
3.MA'AVIR ARBA AMOS BI'RESHUS HA'RABIM - carrying an object from one place in a Reshus ha'Rabim to another over a distance of at least four Amos;
4.MOSHIT - transferring an object from one Reshus ha'Yachid to another through a Reshus ha'Rabim (see Mishnah, Shabbos 96a).
(c)The Rabanan decreed that a Karmelis be treated stringently as both Reshus ha'Rabim and Reshus ha'Yachid since one may confuse it with either of these two domains. Transferring from a Mekom Petur to one of the other three Reshuyos is permitted (as the name implies), provided that one does not intend to use the Mekom Petur as a way station to transfer objects from Reshus ha'Yachid to a Reshus ha'Rabim through it (or vice versa).
(d)The question addressed by the Amora'im in our Gemara is whether the ten-Tefach-high partition of a Reshus ha'Yachid must be either completely embankment or completely partition, or if half of both is sufficient. RASHI explains that this question applies even if one sees the full ten Tefachim of the partition. TOSFOS maintain that in this case everyone agrees that it is a partition; the question applies when only the five Tefachim of the partition are visible, and the five of the embankment are visible only from the other side.
25)[line 23]אילפאILFA- the name of an Amora
26)[line 23]ידים טהורותYADAYIM TEHOROS (NETILAS YADAYIM)
(a)Mid'Oraisa, one may be either Tahor (pure) or Tamei (impure). If one part of his body has either of these statuses, then all parts of his body do. If one is Tamei, he can become Tahor only through immersion in a Mikvah. In certain situations, however, the Chachamim instituted that one's hands become Teme'os though the rest of his body remains Tahor.
(b)Shlomo ha'Melech decreed that the hands of one who has not remained consciously aware of where his hands may have wandered become Sheniyos l'Tum'ah (see Background to Kesuvos 15:19). This is because "Yadayim Askaniyos Hen" — hands are constantly busy, and one may have touched a part of the body that is normally covered. Since it would be disgraceful to Kodshim (meat of sacrifices) to come into contact with them, Shlomo ha'Melech instituted that Kodshim become a Shelishi l'Tum'ah (see Background to Kesuvos 15:19). Later, Beis Hillel and Beis Shamai decreed that such hands become Sheniyos l'Tum'ah, and that one may not come into contact with Terumah (see Background to Ta'anis 7:53) either (Eruvin 21b, Shabbos 14a-15a). These decrees are known as the Gezeiros of "Stam Yadayim," and together are one of eighteen decrees listed in Shabbos 13b-17b.
(c)Other situations in which the Chachamim decreed that one's hands are Tamei include:
1.one who touched Sifrei Kodesh (scrolls upon which one of the twenty-four books of Tanach are written) (Shabbos 14a; Tosfos ibid. 14b DH Keivan);
2.one whose hands entered a Bayis ha'Menuga (a house with Tzara'as; see Background to Moed Katan 7:34) when the rest of his body remains outside (Mishnah, Yadayim 3:1).
3.one who touched a vessel or food item that is a Rishon l'Tum'ah (ibid.);
4.one in contact with a person whose touch will cause clothing, but not people, to become Tamei (ibid.). Examples of such people include one touching Ma'ayanos ha'Zav (the bodily fluids of a Zav; see Background to Yoma 47:24), a Mishkav or Moshav (see Background to Beitzah 23:29), or a Neveilah (dead animal that was not slaughtered in a Halachically valid manner).
(d)A Sheni l'Tum'ah cannot cause Chulin (kosher food that has no special status of Kedushah) to become Tamei. Nonetheless, the Chachamim instituted that one must wash his hands before eating bread of Chulin. This is due to a "Serach Terumah" (a decree intended to accustom those who eat Terumah to wash their hands before eating; RASHI to Chulin 106a) as well as Nekiyus (cleanliness; see TOSFOS ibid. DH Mitzvah). Food other than bread requires washed hands if it is wet with one of the seven liquids that enable Tum'ah (see Background to Yevamos 15:33). This is because these liquids become a Rishon l'Tum'ah mid'Rabanan when they come into contact with even a Sheni l'Tum'ah, which would in turn cause the food to become a Sheni l'Tum'ah (Pesachim 115a).
(e)There are two ways in which one who wishes to touch Kodshim or Terumah or eat Chulin may be Metaher his hands. These are:
1.NETILAS YADAYIM - This involves pouring water on one's hands (until the wrist) from a utensil that contains at least a Revi'is (see below, entry #28) of water. One may be Metaher his hands by pouring less than a Revi'is of water on his hands if the utensil contained a Revi'is when the first person to perform Netilas Yadayim from that utensil did so (Mishnah, Yadayim 1:1).
2.TEVILAS YADAYIM (alt. SHETIFAS YADAYIM) - This involves dipping one's hands into a valid Mikvah or river that contains at least forty Se'in of water (Chagigah 2:5; see Background to Nedarim 40:24).
(f)Although after a single washing one's hands are Tehoros, the water that remains upon them is Tamei and will cause food to become Tamei. Therefore the common custom is to wash a second time so as to wash the Tamei water away. This second washing need not be through one pouring (ibid.).
27)[line 24]דקא משו בי תריD'KA MASHU BEI TREI- that two people wash [their hands]
28)[line 25]מרביעיתREVI'IS (DRY MEASURES(
(a)The following is a list of measures of volume used in the Mishnah and Gemara:
1.1 Kor (= 1 Chomer) = 30 Se'in
2.1 Lesech = 15 Se'in
3.1 Eifah = 3 Se'in
4.1 Se'ah = 6 Kabin
5.1 Tarkav (= Trei v'Kav, or 3 Kabin) = 12 Lugin
6.1 Kav = 4 Lugin
7.1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
8.1 Beitzah = 2 or 3 k'Zeisim, according to the varying opinions
(b)In modern-day measures, the k'Zayis is approximately 0.025, 0.0288 or 0.05 liters, depending upon the differing Halachic opinions. Thus, one Revi'is is the equivalent of approximately 75, 86.25, or 150 milliliters, depending upon the differing Halachic opinions.
29)[line 26]דקא משי חדא חדא ידיהD'KA MASHI CHADA CHADA YADEI- that he washes one hand at a time
30)[line 27]הנוטל ידו אחת בנטילה ואחת בשטיפה ידיו טהורותHA'NOTEL YADO ACHAS B'NETILAH V'ACHAS B'SHETIFAH YADAV TEHOROS- (a) if one washes one hand by pouring water over it and one by dipping it into a river or Mikvah they are both Tahor [even though they were not washed together] (RASHI; according to this Girsa the word "d'Tenan" should read "d'Tanya"); (b) according to the Girsa "NATAL YADO ACHAS MI'SHETIFAH ACHAS YADO TEHORAH" - if one washes one hand by pouring a quantity of water over it that would normally be enough for two washings, his hand becomes Tahor (RABEINU TAM cited by Tosfos DH ha'Notel)
31)[line 28]פלגא פלגא דידיהPALGA PALGA D'YADEI- [first one] half [and then the other] half of his hand
32)[line 30]משקה טופחMASHKEH TOFE'ACH- liquid that is moist [on the first half of his hand that was not completely dried]