12th CYCLE DEDICATION
GITIN 46 (25 Av) - Dedicated by Mrs. G. Kornfeld for the eighth Yahrzeit of her mother, Mrs. Gisela Turkel (Golda bas Chaim Yitzchak Ozer), an exceptional woman with an iron will who loved and respected the study of Torah.

[46a - 43 lines; 46b - 47 lines]

1)[line 1]טעמא מאיTAIMA MAI?- what is the reason [for the Mishnah's ruling that one may not remarry his wife if he divorced her due to suspicion of infidelity or because she took a vow]?

2)[line 2]קלקולאKILKULA- [fear that he may claim after her remarriage that had he only known that the rumors were false or that the vow was able to be revoked he would have never divorced her, thereby retroactively] ruining [her current marriage]

3)[line 2]מצי מקלקל להMATZI MEKALKEL LAH- he is able to ruin her [current marriage] (since he made his reasons for divorcing her clear to begin with)

4)[line 4]צריך שיאמר להTZARICH SHE'YOMAR LAH- he must tell her [although if he does not, he still may not remarry her]

5)[line 5]הוי יודעתHEVEI YODA'AS- you should know

6)[line 7]פרוצותPERUTZOS- profligate

7)[line 8]בעריותB'ARAYOS- with forbidden relations (in this case, with any man other then her husband)

8)[line 13]דברים בדאיןDEVARIM BADA'IN- the rumors [of her infidelity] were false (or that her vow was able to be revoked)

9)[line 15]מנהMANEH (CURRENCY OF THE TALMUD)

(a)The relationship between the various coins mentioned in the Talmud is as follows:

1.1 Maneh = 25 Sela'im = 100 Dinerin

2.1 Dinar Zahav (gold Dinar) = 25 Dinerin

3.1 Sela = 2 Shekel

4.1 Shekel = 2 Dinerin

5.1 Dinar = 6 Me'ah

6.1 Rova Shekel (or Sela Medinah) = 3 Me'ah

7.1 Me'ah = 2 Pundeyon

8.1 Pundeyon = 2 Isar

9.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)

(b)All of the coins listed above (including the standard Dinar) are silver, except for the Dinar Zahav, which is gold, and the Perutos, which are copper.

10)[line 26]מאי טעמא דרבי יהודהMAI TAIMA D'REBBI YEHUDAH?- what is the reasoning of Rebbi Yehudah [who maintains that a vow made in public may not be revoked]?

11)[line 27]"ולא הכום בני ישראל כי נשבעו להם נשיאי העדה בה' אלקי ישראל וילנו כל העדה על הנשיאים""V'LO HIKUM BNEI YISRAEL, KI NISHBE'U LAHEM NESI'EI HA'EDAH BA'HASH-M ELOKEI YISRAEL. VA'YILONU KOL HA'EDAH AL HA'NESI'IM" - "And Bnei Yisrael did not smite them, because the leaders of the congregation had sworn by HaSh-m, the G-d of Yisrael. And the entire congregation complained about the leaders." (Yehoshua 9:18) (THE GIV'ONIM)

See Background to Kesuvos 75:1.

12)[line 28]חלהC HALAH- lit. rest; take effect

13)[line 30]ולא באוV'LO BA'U- and they did not [indeed] come [from far away]

14)[line 31]דלא קטלינהוD'LO KATLINHU- that they did not kill them

15)[line 32]קדושת השםKEDUSHAS HASH-M- the sanctification of G-d's name

16)[line 34]'שלש ימים' 'רבים' שנים'SHALOSH YAMIM' 'RABIM' SHENAYIM (ZAVAH - A Woman who Menstruates Following her Nidah Period)

1.The eleven days which follow the seven days of Nidah (see Background to Pesachim 112:62) are termed days of Zivah. If a woman experiences uterine bleeding during this time for either one day or two consecutive days, she is known as a Zavah Ketanah and is Teme'ah. As long as she does not bleed over the following night and day, she may immerse in a Mikvah to become Tehorah. She may even immerse the morning immediately following the bleeding, although whether or not she becomes Tehorah is contingent upon whether or not she sees blood later on that day. A woman who has bled during this time for one or two days is called a Shomeres Yom Keneged Yom, for she must watch the following day in order to determine whether or not she has continued to bleed.

2.If a woman has a show of blood for three consecutive days during her eleven days of Zivah, she attains the status of a Zavah Gedolah. In order to become Tehorah, she must count seven "clean days" during which she experiences no further bleeding. On the morning of the seventh clean day she may immerse in a Mikvah. As long as she experiences no further bleeding over the rest of that day she is Tehorah and no longer a Zavah. She must then offer a Korban Zavah in order to enter the Beis ha'Mikdash or partake of Kodshim. This Korban consists of a pair of turtle-doves or common doves, one as an Olah and one as a Chatas (Vayikra 15:25-30).

(c)That which a woman attains the status of Zavah Gedolah after three days is derived from the terminology used in the verse. The Torah describes a woman whose flow of blood continues for "Yamim Rabim" - "many days" (Vayikra 15:25). "Days" would imply two days; "many" implies an additional day, for a total of three. From this Rav Nachman proves that the definition of the term "Rabim" is three, and therefore Rebbi Yehudah does not allow a vow made in front of three people to be revoked.

17)[line 35]"[עד מתי ל]עדה [הרעה הזאת]""[AD MASAI LA']EDAH [HA'RA'AH HA'ZOS ...]"- "[How long will this wicked] assembly [who are complaining against me...]" (Bamidbar 14:27). This verse is referring to the spies, who numbered ten after the subtraction of Yehoshua and Kalev. Rebbi Yitzchak proves from this verse that "Edah," which is the term mentioned regarding the oath made to the Giv'onim (see above, entry #11) refers to an assembly of ten.

18)[line 38]אדם רוצה שתתבזה אשתו בבית דיןADAM ROTZEH SHE'TISBAZEH ISHTO B'VEIS DIN- one is not presumed to mind that his wife embarrass herself in Beis Din [through detailing her vow that she wishes to have permitted]. Rebbi Meir maintains that the reason for the decree of our Mishnah is that a husband may claim that he would never have divorced his wife had he known that her vow was revocable (Kilkula). Since he does not mind that his wife go to Beis Din, he may later claim that had he only known that she could have had her vow permitted there (Hataras Nedarim; see Background to 45:48) he would not have divorced her. In a matter of a Neder that he could himself annul (Hafaras Nedarim; see Background to 45:49), Rebbi Meir maintains that he is not believed to say that he did not know that he was able to annul it.

19)[line 39]אין אדם רוצה שתתבזה אשתו בבית דיןEIN ADAM ROTZEH SHE'TISBAZEH ISHTO B'VEIS DIN- one is presumed to mind that his wife embarrass herself in Beis Din [through detailing her vow that she wishes to have permitted]. Since we assume that one would not have wanted his wife to have gone to Beis Din, he cannot claim that he would not have divorced her had that been an option. Rather, the primary concern behind the decree of our Mishnah is that a husband may claim that had he only known that he was able to annul his wife's Neder (Hafaras Nedarim; see Background to 45:49), he would not have divorced her.

20)[line 40]מאי תנאMAI TANA...?- What did we learn [regarding vows taken by a husband]...?

21)[line 41]חסורי מיחסרא והכי קתניCHISUREI MECHSERA V'HACHI KA'TANI (EMENDING A MISHNAH OR BERAISA)

(a)In order to answer a question posed from a Mishnah or Beraisa, the Gemara will sometimes explain that we have not understood the Mishnah or Beraisa correctly. The Gemara will say "Chisurei Mechsera v'Hachi ka'Tani" - "Words are missing, and it should be read as follows" - and then add words to the Mishnah or Beraisa which allow it to be read differently, thereby answering the question.

(b)The YAD MALACHI (Kelalei ha'Ches, #284) writes that the Gemara will sometimes use "Chisurei Mechsera" to change the original understanding of the Mishnah or Beraisa to one that expresses the opposite ruling. He then quotes the HALICHOS OLAM (2:2) as stating that the Gemara will not go that far, but will rather add to or adjust the original explanation of the Mishnah. The Yad Malachi cites the Gemara in Sanhedrin (12b), however, as proof of his opinion.

(c)How are we to understand that the Tana seemingly forgot to include such integral information? The VILNA GA'ON (end of Divrei Eliyahu, section entitled "Kelalim") explains that the use of "Chisurei Mechsera" does not reject the original reading of the Beraisa. The original reading may be read to mean what the Gemara understands in its final explanation, or it may be teaching a different point altogether (RABEINU BACHYA writes similarly in his commentary to Shemos 34:27). The BEIS YOSEF (in "Kelalei d'Gemara," Halichos Olam 2:41) explains that these teachings were originally given over in this fashion. Rebbi, who edited much of the Mishnah, recorded them in the Mishnah as they were, expecting those who learned them to fill in the "blanks" on their own. The TIFERES YISRAEL (Boaz to Erchin 4:1) explains that a special tune was utilized when learning Mishnayos and Beraisos to help one commit them to memory (a method used even today in some schools in Eretz Yisrael). The Tana would therefore use wording that fit with the tune even if it rendered the meaning less clear. The Tiferes Yisrael explains that the Tana knew that the true explanation would be apparent to anyone who studied the topic well, as evidenced by that which the Gemara is able to arrive at the proper understanding. (This explanation would appear to be at odds with the explanation of the Vilna Ga'on above.)

(d)The Gemara will sometimes correct the wording of a Mishnah or Beraisa with the word "Teni ..." ("teach") or "Eima ..." ("say"). Many Rishonim (e.g., RAN to Nedarim 46a) explain that these terms are used to explain the Tana's statement, as opposed to emending it. Similarly, the Gemara will sometimes answer a question by insisting that the Mishnah or Beraisa taught its ruling wherein the person involved verbally expressed a certain qualification. In such situations the Gemara will explain, "b'Omer ..." ("in a case where he said ..."). Here, too, many Rishonim explain that the Gemara means that even if he did not actually express such a qualification, it is as if he did (e.g., TOSFOS to Yevamos 25b DH b'Omer).

22)[last line]קונםKONAM (KINUYEI NEDARIM - Related Terms Utilized when Making a Vow)

(a)By accepting a prohibition or obligation upon oneself aloud, he has triggered a Torah obligation to fulfill that prohibition or obligation (Bamidbar 30:3). There are two categories of vows possible to accept upon oneself: Nedarim (Nidrei Isur) and Shevu'os.

(b)Generally speaking, the difference between a Neder and a Shevu'ah is that the object of a Neder is the item in question, whereas the object of a Shevu'ah is the person taking the vow. One who states, "This loaf of bread is prohibited to me" has voiced a Neder, whereas one who states, "I hereby prohibit myself from eating this loaf of bread" has expressed a Shevu'ah. A Neder, therefore, is generally limited to prohibitions, whereas a Shevu'ah can obligate one in a previously voluntary activity as well. Furthermore, the subject of a Shevu'ah can be that which is intangible (a "Davar she'Ein Bo Mamash"), such as sleep. A Neder must focus upon a tangible object. A further difference between a Neder and a Shevu'ah is that through a Neder one may prohibit even his own object on another or another's object to himself. A Shevu'ah, however, affects only the one who expresses it. The Mishnah and Gemara (Nedarim 16b) suggest many other practical differences between Nedarim and Shevu'os. (See also Insights to Nedarim 2:3.)

(c)A Neder may be expressed by relating the object in question to that which had previously been prohibited, such as a Korban. This is termed "Hatfasah." (Some Rishonim maintain that Hatfasah is integral to a Neder; see Insights to Nedarim 2:2.) The object of the comparison, however, must be a "Davar ha'Nadur" - that which itself had been prohibited my man, either through a Neder or through Hekdesh (consecration). If one attempts to prohibit an object through a Neder by comparing it to a "Davar ha'Asur" - that which is prohibited by the Torah, such as non-kosher meat - is has no effect (Nedarim 14a).

(d)One need not mention the Davar ha'Nadur itself when expressing his Neder. He may instead utilize a Kinuy, a related term. For example, instead of saying, "This loaf of bread is forbidden to you like a Korban," one may use the term "Konam" or "Konach."

(e)Amora'im disagree as to the source of these terms. Rebbi Yochanan explains that they are words in foreign languages that are loosely based on the original Hebrew. Reish Lakish maintains that the Chachamim originated these expressions so that people would avoid using the actual terms. The reason for this is to prevent one from pronouncing HaSh-m's name in vain. Since it is natural to say "Korban la'HaSh-m," which is the terminology of the Torah (Vayikra 1:2), one may come to mention the name of HaSh-m before uttering the word "Korban." If he does not then end up finishing his Neder, he has uttered the Holy name of HaSh-m to no end (Nedarim 10a).

(f)One who violates a Neder transgresses both a Mitzvas Aseh (positive commandment) (Bamidbar ibid., Devarim 23:24) and a Mitzvas Lo Sa'aseh (prohibition) (Bamidbar ibid.). As a result of the Lo Sa'aseh, he receives Malkus as long as his action was witnessed by two valid witnesses who first warned him of the consequences of his action.

46b----------------------------------------46b

23)[line 1]מאי קונםMAI KONAM?- what [does] Konam [which is used to compare an item to a Korban and thereby sanctify it, have to do with the vow taken by the husband in this story]?

24)[line 1]יאסרו כל פירות שבעולם עליYE'ASRU KOL PEIROS SHEB'OLAM ALAI- all produce in the world should be forbidden to me [like a Konam]

25)[line 5]במהBAMAH (BAMAH GEDOLAH / BAMAH KETANAH

(a)A Bamah is a raised area upon which sacrifices are offered. As long as either the Beis ha'Mikdash or the Mishkan stood, private Bamos were forbidden. The Mizbe'ach in the Beis ha'Mikdash was not a Bamah. The two classifications of Bamos are:

1.BAMAH GEDOLAH / BAMAS TZIBUR - a public altar. No more than one public Bamah was in use at any given time. Bamos Tzibur existed in Gilgal (where the Mishkan stood before it was moved to Shiloh; see Insights to Pesachim 91:2), Nov, and Giv'on (after the Mishkan in Shiloh was destroyed; see Zevachim 112b). An individual was allowed to offer only voluntary sacrifices on a Bamas Tzibur. There is a difference of opinion among the Tana'im as to whether all communal sacrifices were offered on a Bamas Tzibur or only those communal sacrifices whose time is fixed (Zevachim 117a).

2.BAMAH KETANAH / BAMAS YACHID - a private altar. When Bamos Yachid were permitted, any Jew - even those who were not Kohanim - was allowed to build a Bamas Yachid anywhere in Eretz Yisrael to offer personal sacrifices upon it. Only voluntary sacrifices were offered upon a Bamas Yachid.

(b)Rebbi Nasan states that one who makes a vow is comparable to one who builds a private Bamah when doing so is forbidden.

26)[line 5]והמקיימוHA'MEKAYMO- one who fulfills it [instead of going to a Chacham and permitting it]

27)[line 7]ארישאA'REISHA- it is modifying the first ruling of the Mishnah [that one may not remarry his wife had he divorced her due to rumors or a vow that she had taken, which is due to a fear of either Kilkula (see above, entry #2) or Peritzus (see above, entry #5)]

28)[line 8]אין בזו מפני תיקון העולםEIN B'ZU MI'PNEI TIKUN HA'OLAM- [the Chachamim allowed him to remarry her since] there is no communal benefit [in not allowing him to do so] in this case

29)[line 10]אילוניתAILONIS- a woman lacking a womb, and therefore incapable of conception (the word "Ailonis" is derived from the word "Ayil" - a male ram, Kesuvos 11a)

30)[line 10]לא יחזירLO YACHZIR- he may not remarry her [for fear that she will marry another and have children, leading him to claim that had he known that she was not really an Ailonis he would not have divorced her]

31)[line 12]תובעתTOVA'AS- she demands

32)[line 12]כתובתהKESUVASAH (KESUVAS ISHAH - The Jewish Marriage Contract)

(a)When a man marries (Nisu'in) a woman who was a Besulah (virgin) at the time of her Kidushin (betrothal), he must give her a marriage document stipulating that she is to receive 200 Zuz from him or his estate should he divorce her or die. 200 Zuz are equivalent to the value of 960 grams of silver. This document is called a Kesuvah (lit. "written"). Tana'im disagree as to whether this obligation is mid'Oraisa (Biblical) or mid'Rabanan (Rabbinic) in origin (Kesuvos 10a).

(b)If the bride had been widowed or divorced and is therefore a Be'ulah (not a virgin) than she receives a different Kesuvah. The Kesuvah of a Be'ulah guarantees only 100 Zuz to the bride in the case of the dissolution of the marriage. There is no question that the obligation to give this document is mid'Rabanan in origin (Kesuvos 10b). A widow is termed an "Almanah" due to that which her Kesuvah is written for the amount of a "Maneh" (one hundred Zuz) (ibid.).

(c)If a woman is younger than three at the time of her Kidushin, she always receives 200 Zuz. This is because her hymen grows back even when broken at this young age, and she is therefore by definition a Besulah.

(d)The amounts detailed above are only the minimum required to be written into a Kesuvah. One may voluntarily add any amount onto his wife's Kesuvah, and doing so is considered a way of honoring her.

(e)An Ailonis who is divorced by her husband upon his discovery of her condition does not receive her Kesuvah. This is because he claims that their marriage was a Mekach Ta'us - a mistaken transaction - and that he never would have married her to begin with had he been aware of her inability to have children.

33)[line 13]שתיקותיך יפה מדיבוריךSHETIKUSEICH YAFAH MI'DIBUREICH- your silence is better then your speech [since if your claim to your Kesuvah is honored, your first husband may claim that the divorce was mistaken, thereby rendering you forbidden to your current husband and your children from your second marriage illegitimate]

34)[line 21]דרבי יהודה חייש לקלקולאREBBI YEHUDAH LO CHAYISH L'KILKULA- Rebbi Yehudah is not concerned for Kilkula [but rather Peritzus (see above, entry #5)]

35)[line 22]איפוךEIPOCH- switch [the names with the opinions mentioned in our Mishnah]

36)[line 27]בההיאBEHA'HI- in this [case of the earlier Mishnah]

37a)[line 28]בצריך סבר לה כרבי אלעזרB'TZARICH SAVAR LAH K'REBBI ELAZAR- in the case of [a vow that] requires [a Chacham to permit it] he agrees with Rebbi Elazar [who maintains that one is presumed to mind that his wife go to Beis Din (see above, entry #19)]

b)[line 29]בשאינו צריך סבר לה כרבי מאירBESHE'EINO TZARICH SAVAR LAH K'REBBI MEIR- in the case of [a vow that] does not require [a Chacham to permit it but rather may be annulled by her husband] he agrees with Rebbi Meir [who maintains that he is not believed to say that he did not know that he was able to annul it (see above, entry #18), and there is therefore no reason to be concerned for Kilkula in the case of the previous Mishnah]

38)[line 30]דרבנן אדרבנן לא קשיא?D'RABANAN AD'RABANAN LO KASHYA?- [that which] the Rabanan [in the previous Mishnah rule that we are concerned for Kilkula] and the Rabanan [in this Mishnah rule that we are not concerned for Kilkula] is not problematic?

39)[line 32]כדשנינןKED'SHANINAN- as we answered

40)[line 34]תנאי כפולTENAI KAFUL - The Doubled Condition

(a)Much of the time, a Chalos (legally binding effect) or Kinyan (act of acquisition or an act that results in a change in status) may be made Al Tenai (conditionally).

(b)There are certain rules that govern the proper formulation and application of a Tenai. All regulations of conditions are derived from the Tenai that Moshe Rabeinu stipulated with the tribes of Gad and Reuven. They received portions in the land of Ever ha'Yarden (modern-day Jordan) on condition that they fight alongside the other tribes during the conquest of Eretz Yisrael (see Gitin 75a, Kesuvos 74a).

(c)If a Tenai is not similar to that of Bnei Gad u'Vnei Reuven, it is as if no Tenai was stipulated and the resulting effect will occur whether or not the Tenai was fulfilled. Requirements derived from Tenai Bnei Gad u'Vnei Reuven include:

1.TENAI KODEM L'MA'ASEH - In a conditional statement, the condition must precede the subject ("If you..., then...") (Gitin 75b);

2.HEN KODEM L'LAV - The positive must be stated before the negative ("If you..., then..., but if you do not..., then...") (ibid.);

3.SHE'LO YIHEYEH TENAI U'MA'ASEH B'DAVAR ECHAD - (a) The condition may not affect the subject of the action (i.e., "This is your Get but the paper upon which it is written remains mine") (RASHI to Gitin 75b DH b'Davar Echad); (b) The condition may not preclude the action from happening (i.e., "This is your Get but the paper upon which it is written remains mine," in which case the Get does not take effect until it has already been returned) (TOSFOS ibid., DH d'Tenai);

4.EFSHAR L'KAYMO - It must be physically possible to fulfill the condition (Gitin 84a);

5.EFSHAR L'KAYMO AL YEDEI SHALI'ACH - A Tenai may only modify actions which one is able to perform through an agent (Shali'ach), such as purchases, sales, marriage, or divorce. Chalitzah, for example (see Background to Yevamos 2:2), may not be done conditionally, since it cannot be accomplished through a Shali'ach (Kesuvos 74a).

(d)Moshe Rabeinu told the tribes of Gad and Reuven that if they would fight alongside their brethren in Eretz Yisrael then they would inherit Ever ha'Yarden, and that if they did not fight then they would not. Spelling out the ramifications of both their fulfillment of the stipulation as well as their inaction made it into a double-sided condition. This is termed a "Tenai Kaful." Rebbi Meir maintains that in this respect as well, all conditions must mimic Tenai Bnei Gad u'Vnei Reuven. If the Tenai was not doubled, it is as if no Tenai was stipulated. Rebbi Chanina ben Gamliel disagrees. He rules that "mi'Chlal Hen Atah Shome'a Lav" - from the positive (in this case, the stipulation which was made to begin with) one may deduce the negative (that the desired effect will not take result if the condition is not fulfilled) (Mishnah, Kidushin 61a). RASHI ibid. DH Rebbi Chanina stresses that Rebbi Chanina ben Gamliel and Rebbi Meir disagree over the necessity of Tenai Kaful only. TOSFOS ibid. DH Kol maintains that this Machlokes extends to all of the requirements delineated in (c) above. Rebbi Meir requires them in order for the Tenai to effect the result, while Rebbi Chanina ben Gamliel maintains that the Tenai will effect the result even if these requirements are not met.

(e)There are opinions among the Rishonim which maintain that even Rebbi Meir does not require a Tenai Kaful under all circumstances.

1.The RAMBAM (Hilchos Ishus 6:17) rules that if one clearly states that he is making a condition by uttering the words "Al Menas..." ("on condition that..."), the Tenai need not be Kaful.

2.There are those who are of the opinion that the rules governing the validity of a Tenai apply only to Gitin and Kidushin, and not to sales, gifts, and the like (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).

41)[line 34]בדלא כפליה לתנאיהD'LO KAFLEI L'TENA'EI- he did not double his condition [that she be divorced only because she is an Ailonis, in which case the divorce is final even if the condition is not fulfilled]

42)[line 38]ושנהV'SHANAH- and he did so again

43)[line 39]בי מיכסיBEI MICHSEI- the name of a town; possibly Makesin, a city on the Habor River (a tributary of the Euphrates River)

44)[line 39]דיזפיD'YAZFEI- that they borrowed

45)[line 40]למפרעינהוL'MIFRA'INHU- to repay them

46)[line 40]וקא גרבי להוV'KA GARVEI LEHU- and they were [planning on] capturing them as slaves

47)[last line]ללודאיLUDA'EI- cannibals from Lud (Lydia, a district of Asia Minor)

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