GITIN 65 - dedicated by Dr. Moshe and Rivkie Snow in memory of Rivkie's father, the Manostrishtcher Rebbi, Hagaon Rav Yitzchak Yoel ben Harav Gedaliah Aharon Rabinowitz Ztz"l, Rav of Kehilas Nachalas Yehoshua in Canarsie, NY. A personification of the Torah scholar of old, the Ukranian-born Rebbi lived most of his life in the United States where his warm ways changed many lives. His Yahrzeit is 24 Cheshvan.
 

12th CYCLE DEDICATION
GITIN 65 (14 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum, who passed away on 14 Elul, by his son and daughter and their families.

[65a - 45 lines; 65b - 40 lines]

1)[line 5]מערימיןMA'ARIMIN (HA'ARAMAH)- deceive. There is a way to be "deceptive" and to exempt oneself from a To rah obligation. In this case, one can circumvent the obligation to pay one-fifth of the value of one's fruits of Ma'aser Sheni which the Torah obligates a person to pay when redeeming those fruits, and not bring them to Yerushalayim. (See below, MA'ASER SHENI.)

2)[line 6]לעבדו ושפחתו העבריםL'AVDO V'SHIFCHASO HA'IVRIYIM

(a)EVED IVRI - There are two ways that a Jew can be bought as a slave. Either he may sell himself because he is destitute, or he may be sold by Beis Din to pay back a theft. In either case he is obligated to work for his master for only six years (Shemos 21:2) or until the Yovel year, whichever comes first (Kidushin 14b, 16a). During his term as a slave, his master must support his family (Kidushin 22b).

(b)If the slave was married before he was sold, the master has the right to give him a Nochri maidservant to bear children who are the slaves of the master (Shemos 21:4).

(c)If at the termination of six years he expresses his desire to continue life as a slave, the master makes the slave stand near a doorpost and pierces his right ear and the door with an awl. The slave then must continue to serve his master until the Yovel year (ibid. 21:6). This Halachah only applies to male slaves who were sold by Beis Din and had families already at the time they were sold, and not to slaves who sell themselves (RAMBAM Hilchos Avadim 3:6).

(d)AMAH IVRIYAH - A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."

3)[line 7]מעשר שניMA'ASER SHENI

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

4)[line 13]שהיובלYOVEL

(a)The year after 7 Shemitah cycles of 7 years each is called the Yovel year. There is an argument among the Tana'im as to whether the 50th year is not counted as one of the years of Shemitah, or whether it is part of the count and is itself both the Yovel and the 1st year of the next Shemitah cycle.

(b)The Halachos of the Shemitah year apply in the Yovel year with regard to not working the land and maintaining the sanctity of the fruits that grow (see Background to Nedarim 57:3). In addition, at the start of the Yovel year, all Jewish slaves (Eved Ivri, see Background to Yevamos 104:9) are set free and all properties that were sold since the previous Yovel year are returned to their original owners. On Yom ha'Kipurim of the Yovel Year, Beis Din blows a Shofar to denote that the time has come to set free all of the slaves, as the Torah states in Vayikra 25:9.

(c)There is an argument among the Tana'im as to what is considered the beginning of the Yovel year. According to the Chachamim, Yovel starts with the Shofar blast of Yom ha'Kipurim. According to Rebbi Yochanan ben Berokah, it begins at Rosh ha'Shanah, and the Shofar blast only denotes the completion of the process of freeing the slaves (Rosh Hashanah 8b).

5)[line 13]בעציץ שאינונקובA TZIZ SHE'EINO NAKUV- [produce planted in] a flowerpot without a drainage hole (which does not receive sustenance from the ground underneath it, and from which the obligation to separate Terumos and Ma'asros is only mid'Rabanan)

6)[line 14]ג' מדות בקטן 3MIDOS B'KATAN- there are three categories of a minor with regard to effecting legal acquisitions

7)[line 16]למיאוןMI'UN

(a)The Torah gives a father the right to marry off his daughter at any age before she is twelve years old.

(b)If she was divorced or widowed or her father died without marrying her off, the Chachamim gave the girl's mother and/or oldest brother the right to marry her off. In these cases the marriage is only mid'Rabanan and she must be at least ten years old, or at least six years old if she has an understanding of the concept of marriage.

(c)In the instances of marriage mid'Rabanan, before she reaches Halachic puberty and becomes a Na'arah (through the growth of two pubic hairs), she has the option of annulling the marriage through a procedure known as Mi'un (refusal). She says before two witnesses, "I do not want him," and the marriage is annulled retroactively. There is no need for her to receive a Get (a bill of divorce). A girl who is married off by her father cannot annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)

8)[line 17]הפעוטותHA'PEUTOS- children between the ages of six and nine years old (depending on their acumen) (SHULCHAN ARUCH Choshen Mishpat 235:1) (The Gemara Gitin 59a, when explaining the term "Pe'utos," brings three opinions as to whether it refers to the ages of six to seven, seven to eight or eight to nine, and concludes that these opinions do not argue; it all depends upon the child's acumen.)

9)[line 19]הגיעו לעונת נדריםHIGI'U L'ONAS NEDARIM - when they (children) have reached the age of making vows that are binding

(a)The Mishnah in Nidah Daf 45b specifies that if a girl makes a vow during her twelfth year, or a boy during his thirteenth year (i.e. when they are "Samuch," or near, the age of normal physical maturity, or "Ish"), we must "further investigate" in order to determine whether or not the vows are Halachically binding. The investigation involves determining whether the child in question knows the significance of Nedarim, and that their laws were dictated by HaSh-m. Even though, Halachically speaking, the actions of a minor normally have no legal ramifications, if the child in question passes the investigation he is called a "Mufla ha'Samuch l'Ish, and he has reached the "Onas Nedarim," the age at which his vows are binding.

(b)There is a disagreement among the Tana'im as to whether the vows of such a child are binding mid'Oraisa (and if an adult transgresses them he is punishable with Malkus), or only mid'Rabanan. In either case, the child himself is not punished with Malkus if he transgresses his own vow, since he is still a minor and exempt from all punishments.

10)[line 36]מראה מקוםMAR'AH MAKOM- she is merely showing the place [of the husband to the Shali'ach]

11)[line 37]אוכלת בתרומהOCHELES BI'TERUMAH

A non-Kohen may not eat Terumah. A Kohen's wife, who is not herself a Kohenes (the daughter of a Kohen), eats Terumah as long as her husband or any of their offspring are alive, as is learned from the verses (Vayikra 22:11, Bamidbar 18:11) and the Gemara (Nidah 44a). The Kohen's wife must be at least three years old for this Halachah to apply.

12)[line 43]במתא מחסיאMASA MECHASYA- the city of Mechasya (probably a suburb of Sura)

13)[line 44]בבבלBAVEL- the city of Babylon (the ancient capital of Babylonia, now ruins, on the Euphrates River, 55 miles south of Baghdad)

14)[last line]שקליה מיניהSHAKLEI MINEI- take it (the Get) from it

65b----------------------------------------65b

15)[line 6]מיגס גאיס ביהMEIGAS GA'IS BEI- he meets him

16)[line 7]ערב ליAREV LI (ERUVEI TECHUMIN) - make an Eruv for me

(a)A person is only allowed to walk a distance of 2000 Amos, approximately 960 meters (3147 feet) or 1,152 meters (3774 feet), depending upon the differing Halachic opinions, from his city or dwelling place (if he is not in a city) on Shabbos or Yom Tov. If he wants to walk another 2000 Amos, he must make an Eruv Techumin.

(b)This is accomplished by placing an amount of food that would be used for two meals nearly 2000 Amos away from his present location, in the direction in which he wishes to walk. The location where his food is placed is considered his new dwelling or place of Shevisah for that Shabbos or Yom Tov, and he may walk 2000 Amos in any direction from there.

17a)[line 7]בתמריםTEMARIM- dates

b)[line 8]בגרוגרותGEROGEROS- dried figs

18a)[line 15]במגדלMIGDAL- tower

b)[line 15]בשובךSHOVACH- a dove-cote

19)[line 20]איגרתIGERES- a letter

20)[line 21]פטרוהPATRUHA- release her (referring either to releasing her from her debts, or from her marriage)

21)[line 21]פרנסוהPARNESUHA- provide her with her needs (referring either to her food and clothes, or to a Get so that she does not need to do Yibum)

22)[line 22]עשו לה כנימוסASU LAH KA'NIMUS- do for her that which is the law (referring either to a Get, or to her support)

23)[line 23]שלחוהSHALCHUHA- send her away

b)[line 23]שבקוהSHAVKUHA- abandon her

c)[line 23]תרכוהTARCHUHA- banish her

24)[line 26]פטרוהPITRUHA- release her from a monetary debt

25)[line 30]עזבוהIZVUHA- abandon her

26)[line 31]הועילולהH O'ILU LAH- give help to her

27)[line 31]עשו לה כדתASU LAH K'DAS- do to her in accordance with the law

28)[line 31]פשוט מיהא חדאPESHOT MIHA CHADA- answer at least one [of the questions]

29)[line 34]היוצא בקולרHA'YOTZEI V'KOLAR- one who is being led out in a collar, [a (Roman) prisoner's band or chain around the neck,] to be executed

30)[line 36]המפרשHA'MEFARESH- one who sets out on a sea voyage

31)[line 36]והיוצא בשייראHA'YOTZEI B'SHEYARA- one who sets out on a caravan journey

32)[line 37]המסוכןHA'MESUKAN- one who is deathly ill [and about to die] (this word is synonymous to Shechiv Mera for the purposes of our Gemara)

33)[line 38]גניבאGENEIVA- the name of an Amora (whom we find acted with disrespect towards the Chachamim; see Insights to Gitin 7:1)

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