GITIN 45 (17 Shevat) - Dedicated by Mrs. Idelle Rudman in memory of Harav Reuven Moshe Rudman ben Harav Yosef Tuvia Rudman, who passed away 17 Shevat 5766, in honor of his Yahrzeit.

GITIN 45 - Dedicated by Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) whose passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

[45a - 49 lines; 45b - 47 lines]

1)[line 9]דערקARAK- he ran away

2)[line 10]נכתוב לך שטרא אדמיהNICHTOV LACH SHETARA A'DAMEI- we (Beis Din) will write you a document [that he is responsible to reimburse you] for his value

3)[line 12]"לא ישבו בארצך פן יחטיאו אותך לי""LO YESHVU B'ARTZECHA PEN YACHTI'U OSECHA LI..."- "They shall not live in your land, lest they make you sin against Me; [for if you serve their gods, it will surely be a snare to you.]" (Shemos 23:33)

4)[line 13, 14]"לא תסגיר עבד אל אדניו אשר ינצל אליך מעם אדניו. עמך ישב בקרבך [במקום אשר יבחר באחד שעריך בטוב לו לא תוננו]""LO SASGIR EVED EL ADONAV; ASHER YINATZEL ELECHA ME'IM ADONAV. IMCHA YESHEV, B'KIRBECHA, [BA'MAKOM ASHER YIVCHAR, B'ACHAD SHE'ARECHA, BA'TOV LO, LO TONENU.]"- "You may not turn over a slave to his master; who has found refuge with you from his master. He shall live with you, among you, [in that place which he shall choose in one of your gates, where it pleases him best; you shall not oppress him.]" (Devarim 23:16-17) - There are various explanations given for this verse in the sources: (a) The conclusion of our Gemara is that a slave who has escaped to Eretz Yisrael may not be turned over to his master (see also RAMBAM Hilchos Avadim 8:10). (b) Some also include a circumcised slave who has escaped from his Nochri master (SIFRI, TARGUM, cf. RABEINU BACHYA). (c) Others include a slave who escapes to the army camp (IBN EZRA, CHIZKUNI, ABARBANEL). (d) Rebbi explains that this verse refers to a person who buys a slave in order to free him (our Gemara; Yevamos 93b).

5a)[line 21]לבי כותאיBEI CHUTA'EI- a settlement of Kusim in Chutz la'Aretz

b)[line 21]לבי כותאיBEI CHUTA'EI (KUSIM)

(a)The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).

(b)After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of Nochrim. (According to most Rishonim, this means that they decided to treat them like Nochrim l'Chumra, even if they were Geirei Emes. According to the RAMBAM (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them Nochrim (Geirei Arayos) for all Halachic matters.)

(c)Even though the Kusim kept many Mitzvos of the Torah down to their last detail, there were other Mitzvos that they did not keep at all. For example, the Kusim did not refrain from causing others to sin (which is prohibited by the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling block before the blind" - Vayikra 19:14).

6)[line 22]הדרוה ניהליHADRUHA NIHALI!- Send him back to me!

7)[line 26]אירכס ליה חמראIRKAS LEI CHAMRA- he lost his donkey

8)[line 27]דחיוורא כריסיהD'CHIVRA KEREISEI- its belly is white

9)[line 28]דנחמניNACHMANI- Abaye; (a) Rabah bar Nachmani, who raised Abaye as an orphan, gave him the name Nachmani in memory of his own father (RASHI to Gitin 34b); (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 to Gitin 34b)

10)[line 30]מבריחיןMAVRICHIN- to cause [captives] to flee

11)[line 32]דוחקא דצבוראDUCHKA D'TZIBURA- the oppression, extortion of the public (who will become impoverished if they redeem captives for more than their value)

12)[line 32]דלא לגרבו ולייתו טפיD'LO LIGARVU V'LAISU TEFEI- so that they do not kidnap and ransom off more people

13)[line 36]בנתיה דרב נחמןBENASEI D'RAV NACHMAN- the daughters of Rav Nachman

14)[line 36]בחשן קדרא בידייהוBACHASHAN KIDRA B'YADAIHU- they stirred a boiling-hot pot with their bare hands (without getting burned)

15)[line 38]ואשתבייןV'ISHTABYAN- and they were taken captive

16)[line 40]בלישנא דציפוריB'LISHNA D'TZIPOREI- with the language of the birds, i.e. the meaning of their "speech"

17)[line 40]עורבאORVA- a raven

18)[line 41]אדהכיAD'HACHI- in the meantime

19)[line 43]כנסת ישראל כיונה מתילאKENESES YISRAEL K'YONAH MESILA- the "Congregation of Yisrael" is likened to a dove

20)[line 43]שמע מינה מתרחיש לי ניסאSHEMA MINA, MISRACHISH LI NISA- I can deduce from this that [if I will escape, HaSh-m will protect me and] a miracle will occur for me [to ensure that my escape will be successful]

21)[line 44]אי קיימן בהימנותייהו אהדרינהוIY KAIMAN B'HEIMNUSAIHU, AHADRINHU- if they have remained faithful [to their husbands,] I will take them back [with me]

22)[line 44]נשי כל מילי דאית להו סדרן להדדי בבית הכסאNASHEI, KOL MILEI D'IS LEHU, SADRAN L'HADADEI B'VEIS HA'KISEI- women who wish to discuss matters [in private] will talk to each other in the restroom

23)[line 45]עדי גוברין ונהרדעי גובריןADEI GUVRIN, V'NEHARDA'EI GUVRIN- these [captors] are our "husbands" and those men of Neharde'a are our husbands

24)[line 45]לימא להו לשבוייהוLEIMA LEHU LI'SHABOYAIHU- let us say to our captors

25a)[line 47]לדידיה איתרחיש ליה ניסאL'DIDEI ISRACHISH LEI NISA- for him, a miracle occurred

b)[line 47]עבר במבראAVAR B'MAVRA- he [escaped narrowly and] crossed the river in the ferry

26)[line 48]כי הדרן ואתן אמרKI HADRAN V'ASAN AMAR- when they returned from captivity (against their will - MAHARSHA), he said [about them]

27)[line 48]קא בחשן קידרא בכשפיםKA BACHASHAN KIDRA BI'CHESHAFIM- they must have been stirring the boiling-hot pot [with their bare hands] through magic


28)[line 6]מיןMIN- a Jewish infidel or idolater; alternate Girsa in RASHI - a Jew who does not heed the words of the Rabanan (but see MAHARATZ CHAYOS who claims that this is Rashi's comment on the Gemara below (line 15), where it is necessary to distinguish between a Min and an idolater. Rashi's Girsa of the Gemara there had the word "Min" in the list of Pesulim, as opposed to our editions where the word "Min" is in parentheses and is not included)

29)[line 15]ומסורU'MASUR (and the Girsa of the MAHARSHAL is MOSER)

A Jew who, of his own volition, reveals the location of another's possession to someone who wants to take them away (see Insights to Kerisus 2b).

30)[line 16]וכותיV'KUSI

See above, entry #5b. This Beraisa rules that the Kusim are Geirei Arayos.

31)[line 16]וישראל מומרV'YISRAEL MUMAR- and a Jewish apostate, a person who does not keep the laws of the Torah

32)[line 16]"... וקשרתם [אתם לאות על ידכם והיו לטטפת...] וכתבתם [על מזוזות ביתך ובשעריך]""... U'KESHARTEM [OSAM L'OS AL YEDCHEM, V'HAYU L'TOTAFOS BEIN EINEICHEM...] U'CHESAVTAM [AL MEZUZOS BEISECHA UVI'SH'ARECHA.]"- "[Therefore shall you place these, My words, on your heart and on your soul,] and bind [them for a sign upon your hand, and so that they may be as frontlets between your eyes....] And you shall write them [upon the doorposts of your house, and upon your gates.]" (Devarim 11:18, 20)

33)[line 22]בצידןTZIDON- Sidon, a city on the Mediterranean coast, to the north of modern-day Israel. It was the capital of Phoenicia. It is within the northwest boundary of the Holy Land (Bamidbar 34:7).

34)[line 23]עיבוד לשמןIBUD LISHMAN

Ibud is the tanning of soft edible skin of Kosher domesticated animals into leather. When a person wants to start writing a Sefer Torah, Tefilin or Mezuzos, the Tana'im argue as to whether he must perform the Ibud Lishmah, that is, for the sake of HaSh-m.

35)[line 23]כתיבה לשמןKESIVAH LISHMAN

When a person writes a Sefer Torah, Tefilin, or Mezuzos, every time he writes the Name of HaSh-m he must have in mind that he is writing it "l'Shem Kedushas HaSh-m," for the sake of the sanctity of the Name of HaSh-m. If he writes the Name of HaSh-m without this Kavanah, the Sefer Torah is not valid. (For example, if he intends to write the word Yehudah and accidentally leaves out the letter "Dalet" spelling the Name of HaSh-m, and he realizes that the word was actually supposed to be the Name of HaSh-m, it is invalid and he must re-write the word with the proper intention of Lishmah.

36)[line 24]ציפן זהבTZIPAN ZAHAV- he overlaid gold leaf on them (on the Batim, the boxes of the Tefilin that are made from the skin of a Kosher animal)

37)[line 24]שטלה עליהן עור בהמה טמאהSHE'TALAH ALEIHEM OR BEHEMAH TEME'AH- that he stretched over and attached to the Batim the skin of a non-Kosher animal

38)[line 29]בגר שחזר לסורוGER SHE'CHAZAR L'SURO- a convert who returned to his previous Nochri lifestyle [but who knows that the Torah needed to be written Lishmah, and he actually wrote it Lishmah]

39)[line 31]טרפעיקTARPE'IK- Victoriatus, or Quinarius, half a Dinar (a "Sela Medinah," a Sela of Kesef Medinah, provincial coinage, the value of which is one-eighth of Kesef Tzuri, the denominations of coins used in Tzor). The Gemara identifies this coin also with the term Istira.

40)[line 33]טייעתאTAYATA- Arabian woman

41)[line 33]חייתא דתפיליCHAYSA D'TEFILEI- a small pouch containing Tefilin

42)[line 34]יהבת לי ריש ריש בתמריYEHAVT LI REISH REISH B'TAMREI- give me each pair in exchange for some dates

43)[line 34]אימליא זיהראIMALYA ZIHARA- she became full of poisen[ous rage]

44)[line 35]שקלא שדתינהו בנהראSHAKLA, SHADESINHU B'NAHARA- she took [them and] threw them in the river

45)[line 35]לא אבעי לי לזלזולינהו באפה כולי האיLO IBA'I LI L'ZALZULINHU B'APAH KULEI HAI- I should not have belittled them to that extent in front of her

46)[line 37]המוציא את אשתוHA'MOTZI ES ISHTO- one who divorces his wife

47a)[line 37]משום שם רעMISHUM SHEM RA- because of a rumor that she committed adultery, i.e. he divorced her because he did not want to be married to a woman about whom rumors are spread

b)[line 38]משום נדרMISHUM NEDER- because of a vow that she made, i.e. he divorced her because he did not want to be married to a woman who is in the habit of making vows

48)[line 40]כל נדר שצריך חקירת חכםKOL NEDER SHE'TZARICH CHAKIRAS CHACHAM - any vow for which the investigation of a Chacham is needed to annul the vow (HATARAS NEDARIM - Revoking vows)

(a)When an adult makes a Neder (or designates Chalah, Terumah, or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.

(b)There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).

49)[line 41]ושאינו צריך חקירת חכםV'SHE'EINO TZARICH CHAKIRAS CHACHAM - any vow for which the investigation of a Chacham is not needed to annul the vow, but rather the father or husband may annul it (HAFARAS NEDARIM - Annulling vows)

(a)A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.

(b)A father may annul his daughter's vows while she is young, starting from the age at which her vows are valid (11 years old) until she becomes a Bogeres (six months after she becomes a Na'arah by growing two pubic hairs). If the father marries her off before she becomes a Bogeres, during the period of Eirusin both the father and the husband, or "Arus," must annul the vows in order for the annulment to be effective. After the consummation of the marriage through Nisu'in, the husband may annul the vows by himself. The father no longer has rights over her vows after her marriage, even if she is divorced before becoming a Bogeres.

(c)Nobody may annul the vows of a woman if she is an unmarried Bogeres, or if she is an unmarried Na'arah who was once married or who has no father. Instead, her Nedarim must be revoked through Hataras Nedarim (see previous entry).

(d)If the father or husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through Hataras Nedarim after Hakamah, see Insights to Nedarim 69:1:a:1.)

50)[line 44]קונםKONAM (KINUYIM)

(a)A person can create a Neder (a vow) or Shevu'ah (an oath) with a Kinuy, an expression using a corrupted form of a word, such as "Konam" instead of "Korban" or "Shevusa" instead of "Shevuah" (Nedarim 2a).

(b)The Amora'im argue as to whether these expressions are actual words in foreign languages that are loosely based on the Hebrew vocabulary, or whether they are expressions that the Chachamim instituted for the specific purpose of creating Nedarim (Nedarim 10a). In either case, it is preferable to use Kinuyim when making a Neder rather than the proper Hebrew term, so that one should not come to utter the Name of HaSh-m in vain (ibid.); if one uses the proper Hebrew term it is more likely that one will utter the Holy Name along with it by association.

(c)"Konam Im Eini Megarshech" means "[All fruits] should be prohibited to me like a Korban if I do not divorce you," as the Gemara explains (below, Daf 46b).