12th CYCLE DEDICATION
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.

[36a - 46 lines; 36b - 45 lines]

1)[line 4]דמדרינן ליה על דעת רביםD'MADRINAN LEI AL DA'AS RABIM- Beis Din makes him take a vow with a stipulation that the vow can only be rescinded with the consent of the public.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]מקרי דרדקיMAKREI DARDEKEI- a teacher of young boys (who teaches them to read verses)

3)[line 9]דהוה פשע בינוקיD'HAVAH PASHA B'YENUKEI- he would hit his students severely

4)[line 10]ואהדריה רבינאV'AHADREI RAVINA- and Ravina reinstated him

5)[line 10]דלא אישתכח דדייק כוותיהD'LO ISHTAKACH D'DAYIK KAVASEI- for there was no other teacher who was as punctilious as he

6)[line 14]עדי מסירה כרתיEDEI 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]דמייתיMAISEI- die

8)[line 18]לרבי מאירL'REBBI MEIR (EDEI CHASIMAH KARSEI)

Rebbi Meir is of the opinion that "Edei Chasimah Karsei" - see above, entry #6.

9)[line 18]מפרשין שמותיהןMEFARSHIN 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]אני פלוני חתמתי עדANI, 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]אם כתב ידו יוצא ממקום אחרIM KSAV YADO YOTZEI MI'MAKOM ACHER - if his signature matches that on a previously validated Shtar or Get (KIYUM SHETAROS)

(a)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]ובסימנאUV'SIMANA- and a symbol, sign, mark

13)[line 24]רב צייר כוראRAV TZIYAR KAVRA- Rav drew a fish

14)[line 25]חרותאCHARUSA- a palm branch

15)[line 26]סמךSAMECH- the letter Samech

16)[line 26]עיןAYIN- the letter Ayin

17)[line 27]מכותאMAKUSA- (a) the sail of a ship (RASHI); (b) a ship (ARUCH)

18)[line 27]דבקיאין סימנייהוD'BEKI'IN SIMANAIHU- that their signs are well-known

19)[line 28]במאי אפקעינהו?B'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]בדיסקיDISKEI- responsa (She'elos u'Teshuvos) or letters

21)[line 30]פרוסבולPRUZBUL

See Background to Gitin 34:27.

22)[line 30]אינו משמטEINO MESHAMET- the Shemitah year does not cancel [the loan to which a Pruzbul was written]

23)[line 33]"השמר לך פן יהיה דבר עם לבבך בליעל לאמר קרבה שנת השבע שנת השמטה ורעה עינך באחיך האביון ולא תתן לו""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]שאגבנוSHE'EGVENU- that I will collect it

25)[line 41]"וזה דבר השמטה שמוט כל בעל משה ידו אשר ישה ברעהו לא יגש את רעהו ואת אחיו כי קרא שמטה לה'""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 HaSh-m's Release." (Devarim 15:2)

26)[line 43]שמיטת קרקעSHEMITAS 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]שמיטת כספיםSHEMITAS 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.

36b----------------------------------------36b

28)[line 5]שב ואל תעשה הואSHEV 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]הפקר בית דין היה הפקרHEFKER 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]"וכל אשר לא יבוא לשלשת הימים כעצת השרים והזקנים יחרם כל רכושו והוא יבדל מקהל הגולה""V'CHOL ASHER LO YAVO LI'SHELOSHES HA'YAMIM BA'ATZAS HA'SARIM VEHA'ZEKEINIM, YOCHORAM RECHUSHO V'HU YIBADEL MI'KEHAL HA'GOLAH" - "And whoever does not come in three days time, in accordance with the plans of the leaders and the elders, will have his property confiscated and he will be segregated from the congregation of the Golah." (Ezra 10:8) (EZRA AND THE PEOPLE WHO MARRIED NOCHRI WOMEN)

See Background to Shekalim 3:35.

31)[line 10]"אלה הנחלות אשר נחלו אלעזר הכהן ויהושע בן נון וראשי האבות""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]לדריהL'DAREI- for his own generation

33)[line 26]דאלימי לאפקועי ממונאD'ALIMEI L'AFKU'EI MAMONA- who have enough legal power to extract money [from litigants]

34)[line 28]עולבנא דדייניULBENA D'DAYANEI- the arrogance of the judges, as the Gemara states below

35)[line 28]אי איישר חילIY AYASHER CHAYIL- if I had enough [legal] power

36)[line 36]דניחותאD'NICHUSA- convenience (RASHI)

37)[line 37]עלובהALUVAH- arrogant

38)[line 38]"עד שהמלך במסבו נרדי נתן ריחו""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]חביבותא הוא גבןCHAVIVUSA 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]הנעלביןHA'NE'ELAVIM- those who others insult

41)[line 41]ואינן עולביםV'EINAN OLVIN- yet they do not insult others

42)[last line]פרוס בולי ובוטיPERUS 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 (Dalet, 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.)

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