[34a - 43 lines; 34b - 35 lines]

1)[line 2]אפוטרופוסAPOTROPOS- (O.F. seneschal) steward, manager of the household (RASHI to Sukah 27a)

2)[line 7]אשכחה דהוה יתבה ונוולהASHKECHAH D'HAVAH YASVAH V'NAVLAH- he found her sitting and weaving

3a)[line 8]זיל השתא מיהאZIL HASHTA MI'HA- go away from here now

b)[line 9]ותא למחרV'SA L'MACHAR- and come back tomorrow

4)[line 13]גלוי דעתא בגיטאGILUY DA'ATA B'GITA- [the husband] making his intentions clear with regard to [whether or not he wants to give] a Get

5)[line 18]ואמר להו לסהדיV'AMAR LEHU L'SAHADEI- and he (the husband who was being forced to divorce his wife) said to the witnesses

6)[line 22]דפנויDAFNUYEI- strong men

7)[line 23]לחתניה דרב' ירמיה ביראהL'CHASNEI D'RAV YIRMEYAH BIRA'AH- to the son-in-law of Rav Yirmeyah Bira'ah

8)[line 24]תנא אשקליהTANA ASHKELEI- he (Rav Yehudah) forced him [to command the witnesses to write a Get] again

9)[line 26]אותיבו קרי (באונייכו) [באודנייכו]OSIVU KAREI (B'UNAICHU) [B'UDNAICHU]- place gourd or pumpkin trimmings in your ears

10)[line 28]הא חזו ליה דקא רהיט בתרייהוHA CHAZU LEI K'KA RAHIT BASRAIHU- they see that he is running after them [to annul the Get]

11a)[line 29]אשור! הבו לה הייא!ASHUR! HAVU LAH HAYA!- Strengthen yourselves! [and] Give it to her quickly!

b)[line 30]כי היכא דמשלם צערא דההוא גבראKI HEICHA D'MISHLAM TZA'ARA DEHA'HU GAVRA- in order that that person's (my) grief shall come to an end

12)[line 33]ופסקיה מבראU'PASKEI MABERA- and the ferry stopped him [from crossing the river, since it was at the other side of the river at the time]

13)[line 34]חזו דאתאיCHAZU D'ASAI!- See that I have come!

14)[line 34]לא שמיה מתיאLO SHEMEI MASYA- it is not considered coming

15)[line 37]אי לא נסיבנאIY LO NESIVNA- if I do not perform Nisu'in (marriage) [with my Arusah (betrothed fiance)]

16)[line 38]הא טרחנאHA TARACHNA- [I am unable to perform Nisu'in because] I am completely occupied [with and have not yet finished the preparations for the ceremony]

17)[line 39]אין אונס בגיטיןEIN ONES B'GITIN

(a)It is possible to make a condition in all Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. Similarly, it is possible to make a condition as to whether a Neder (vow) will take effect.

(b)If the person with whom the condition was made did not intend to fulfill the condition (i.e., he did not want the Kinyan to take effect), but he fulfilled it against his will (b'Ones) due to circumstances beyond his control, it is considered as if the condition was not fulfilled, and the Kinyan does not take effect. For instance, Reuven stipulates that an object of his should be given to Shimon if he (Reuven) does not pay a specified amount to Shimon within a given time period. In the end, Reuven cannot pay within the time period because he was held up overseas, or he was unconscious. In such a case, the object is not given to Shimon.

(c)The above is true with regard to all Kinyanim other than documents of divorce (Gitin). With regard to documents of divorce, our Gemara records differing opinions as to whether a condition fulfilled b'Ones causes the divorce to take effect or not. Some rule that a condition fulfilled b'Ones does not cause the divorce to take effect, i.e. "Yesh Ones b'Gitin." Others rule that the divorce takes effect despite the fact that the condition was fulfilled b'Ones, or "Ein Ones b'Gitin."

(d)If the condition was not fulfilled b'Ones (that is, the person wanted to fulfill the condition but was not able due to circumstances beyond his control), then the Kinyan does not take effect. Even though he had intended to fulfill the condition, since the condition was not actually fulfilled, the Kinyan is not valid. This is true with regard to all Kinyanim, including Gitin. (RITVA to Kesuvos 2b, but see KOVETZ SHI'URIM #2, 3) For example, if Reuven divorces his wife on the condition that he does not return within thirty days, and he returns within thirty days at gunpoint, or bound and tied, the Get is not valid, since Reuven did not fulfill the condition of "keeping away for thirty days."

18)[line 40]לריש ירחאL'REISH YARCHA- for Rosh Chodesh


19)[line 1]כנחמניK'NACHMANI- like Abaye; (a) Rabah bar Nachmani, who raised Abaye as an orphan, gave him the name Nachmani in memory of his own father (RASHI); (b) According to the Ge'onim, Abaye's real name was Nachmani, but Rabah bar Nachmani, who was his uncle, called him Abaye so as not to utter his father's name, out of respect for his father (Abaye is a corrupted form of the Aramaic word for "my father") (ARUCH, Erech Abaye, also cited by Gilyon ha'Shas here)

20)[line 1]היה משנה שמוHAYAH MESHANEH SHEMO- (lit. he would change his name) a man who had two or more names would use the name in the place where the Get was written, even if it was not the name by which he was known in the place where the Get was to be given

21)[line 3]שוםSHUM- name

22)[line 12]דאתחזק בתרי שמיD'ISCHAZEK BI'TREI SHEMEI- it is known [in the place where the Get is to be given] that he has two names

23)[line 13]רבי מריREBBI MARI- the name of an Amora (a sage of the Gemara) [who, along with Rebbi Elazar, rules like Rav Ashi]

24)[line 25]ופורתאPURTA- a few [people called her]

25)[line 25]אמרי נהרדעיAMREI NEHARDA'EI- the sages of Neharde'a (the Gemara identifies "Amora'ei d'Neharde'a" as Rav Chama - Sanhedrin 17b)

26)[line 27]אין אלמנה נפרעת מנכסי יתומים אלא בשבועהEIN ALMANAH NIFRA'AS MI'NICHSHEI YESOMIM ELA BI'SHEVU'AH

A woman who wishes to collect the value of her Kesuvah from her husband's estate (that has been inherited by his sons - lit. orphans) needs to take an oath attesting to the fact that she has not previously collected any of her Kesuvah or taken any of her husband's money unjustly (Kesuvos 105a).

27)[line 31]פרוזבולPRUZBUL - (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 to Kesuvos 89a DH Pruzbul, to Gitin 32b DH Mosrani 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)