12th CYCLE DEDICATION
GITIN 81-82 - sponsored by Asher and Etti Schoor of Lawrence, NY. May they be blessed with a year filled with the joy of the Torah and see their children continue to grow in Avodas Hashem.

[82a - 38 lines; 82b - 36 lines]

1)[line 1] KA MEDALEG V'TANI CHAD CHAD- there is only one [witness] missing in each case taught [in the Beraisa, implying that only one relative may sign on a Get Mekushar]

2)[line 3]BI'TECHILAH- at the beginning [prior to the fully qualified witnesses]

3)[line 4] MI'KOL TELASA- from any three [witnesses signed upon the Get Mekushar, even if they did not sign consecutively]

4)[line 5]RETZUFIN- [that they signed] in succession

5)[line 7]BI'TECHILAH- first [of every three signatories]

6)[line 8]TUVA- many [relatives, since there are no more than one in every three signatories]

7)[line 8] KI ASU L'KAMEI D'REBBI AMI- when they came in front of Rebbi Ami [to ask what should be done with a Get Mekushar that had more folds than witnesses available to sign it]

8)[line 9] EVED MIN HA'SHUK- any slave from the marketplace; i.e., he ruled according to the opinion of ben Nanas

PEREK #9 HA'MEGARESH

9)[line 12] ELA L'PELONI- but for so-and-so [whom you may not marry]

10)[line 14] YITLENU HEIMENAH- he should take it [back] from her

11)[line 15] KASVO B'SOCHO- if he wrote [this qualification] in [the Get itself]

12a)[line 17]CHUTZ- with the exception of [Peloni]

b)[line 17] AL MENAS- on condition [that you do not marry Peloni]

13)[line 18] SHIYER LAH B'GET- he has limited [the effectiveness of] the Get [in divorcing] her

14)[line 19] MIDI D'HAVAH A'KOL TENAI B'ALMA- [since it is] similar to any condition made it any other circumstance

15)[line 23] KOL HA'BATIM MITAM'IN B'NEGA'IM - all houses can be afflicted with Tzara'as (NIG'EI BATIM)

(a)If a streak or spot that is a stark green or red color is found upon the stones of a house, it may be Tzara'as (a spiritual malady). A Kohen must be called to determine the status of the marks. If he finds that they indeed have the status of Tzara'as, then the house is placed into quarantine for a week. Since any utensil or article of clothing that is in the house when it is pronounced Tamei becomes Tamei as well, such items are removed as a preventative measure before the Kohen checks the house.

(b)The Kohen returns after seven days to review the markings. If the Tzara'as has spread, one must remove the stones (Choletz) that have the Tzara'as, scrape off the surrounding plaster (Tach), insert new stones, and re-plaster the entire house. The house is then placed into quarantine for a second week. Should the Tzara'as return to the house during that week, then the owner is required to dismantle his house (Notetz). The stones from the house must be removed to a place outside of the city; they remain Asur b'Hana'ah forever (Vayikra 14:45).

(c)If, on the other hand, the Tzara'as remained unchanged after the first week, then the Kohen leaves the house in quarantine for an additional week. If after the second week the Tzara'as has spread or even if it has not changed whatsoever then one must remove the stones (Choletz) that have the Tzara'as, scrape off the surrounding plaster (Tach), insert new stones, and re-plaster the entire house. The house is then placed into quarantine for an additional week (Vayikra 14:40). Should the Tzara'as return to the house during that week, then the procedure for dismantling the house described above must be followed.

(d)If the Kohen finds during one of his inspections that the Tzara'as has disappeared or diminished in intensity such that it is no longer a Nega, then the spot alone is scraped away and the house is declared Tahor.

16)[line 27] , ?!HA MITAMU BATEI OVDEI KOCHAVIM, LO MITAM'EI BATEI YISRAEL?!- if houses belonging to Nochrim were then to be affected with the Tum'ah of Tzara'as, would the houses of Jews not become Tamei?!

17)[line 29]"[ ...] ""... V'NASATI NEGA TZARA'AS B'VEIS ERETZ ACHUZASCHEM"- "[When you come to the land of Kena'an...] and I shall place the mark of Tzara'as in the house of the land of your portion" (Vayikra 14:34). This verse intimates that Nig'ei Batim can affect only a house in your portion, and not that of a Nochri.

82b----------------------------------------82b

18)[line 6]MISHUM- in the name of

19)[line 6]" , ""V'YATZ'AH MI'BEISO, V'HALCHAH V'HAYESAH L'ISH ACHER"- "And if she shall leave his house, and go and marry another" (Devarim 24:2).

20)[line 9] CHOL ISH VA'ISH- any and every man [that she wants to marry]

21)[line 11]"... ...""... V'ISHAH GERUSHAH ME'ISHAH LO YIKACHU..."- "... and a woman divorced from her husband he may not marry..." (Vayikra 21:7). This verse refers to a Kohen.

22)[line 13] ISUR KEHUNAH SHANI- prohibitions applicable to Kohanim are different [since many things that are permitted to the rest of Klal Yisrael are forbidden to them, and therefore that which such a woman is forbidden to Kohanim does not prove that she is divorced to the point that she may marry those not forbidden by her husband]

23)[line 14] ?B'KIDUSHIN HEI'ACH?- what is the Halachah regarding [a case of] betrothal [in which he forbids her to marry anyone else but Peloni]?

24)[line 17] KINYAN ME'ALYA BA'INAN- a proper "acquisition" is required [in which his betrothal forbids her to marry any other]

25)[line 17]"... ...""V'YATZ'AH... V'HAYESAH..." - (Devarim 24:2) (HEKESH)

(a)One of the methods employed by Chazal when determining Halachah from the verses of the Torah is "Hekesh." A Hekesh entails comparing two subjects that are mentioned together in a verse.

(b)A Hekesh is a powerful way of determining Halachah. When two subjects are compared through a Hekesh, all possible parallels are drawn between them, unless a different Derashah teaches us otherwise ("Ein Hekesh l'Mechetzah"). Additionally, Pirchos (logical differences) that would impede a Kal va'Chomer (see Background to Avodah Zarah 46:22) or a Gezeirah Shavah (see Background to Yevamos 70:26) do not stand in the way of learning one subject from another through a Hekesh ("Ein Meshivin Al ha'Hekesh").

(c)The verse states "And if she shall leave his house, and go and marry another" (Devarim 24:2). From that which divorce ("v'Yatz'ah") and marriage ("v'Hayesah") are mentioned together in the verse, we derive through a Hekesh that their Halachos are comparable unless specified otherwise.

26)[line 19]KERISUS - Severance

(a)One who wishes to divorce his wife must present her with a "Sefer Kerisus" (lit. document of severance) (Devarim 24:1). In the language of Chazal, this document is called a Get (pl. Gitin).

(b)The implication of the word "Kerisus" is that the divorce must sever completely all ties between husband and wife. Should the husband introduce an open-ended retroactive stipulation into the Get that requires that she act in a certain manner for the Get to remain valid, she is not divorced. This is because she is still tied to him for the rest of her life through the fulfillment of the condition that allows her to remain divorced. Our Gemara therefore suggests that this is the reason why the Chachamim invalidate a Get given with the understanding that she may not marry certain individual(s). Since she is still married to her original husband to the degree that she may not marry another, her relationship is not completely severed and she is therefore not divorced whatsoever.

27)[line 21] HADAR PASHTAH- he subsequently answered it

28)[line 24]SHIMON- [his brother] Shimon

29)[line 24] MISYABEMES L'LEVI (YIBUM / CHALITZAH)

(a)Should a married man die without children, his widow is not then free to marry whomever she pleases. The brothers of her deceased husband have a Mitzvah to perform Yibum (levirate marriage); that is, they are obligated to marry her (Devarim 25:5-10). If the deceased has more than one brother, the oldest brother is offered the Mitzvah of Yibum first (Yevamos 24a).

(b)If the brother(s) does not wish to carry out this Mitzvah, he must perform Chalitzah. This is a procedure in Beis Din which dissolves the ties binding the widow to her brother(s)-in-law (known as "Zikah"), thus allowing her to marry anyone else. One of the brothers must appear together with his widowed sister-in-law before a Beis Din of three and state, "I do not wish to marry her." His sister-in-law then approaches him, removes his right sandal, and spits on the ground in front of him. She then declares, "This is what shall be done to the man who will not build his brother's family." After this she is free to marry whomever she wants.

(c)In the case of our Gemara, the woman who was betrothed by both Reuven and Shimon is permitted to participate in Yibum with their brother Levi if they both die childless.

30)[line 26] ESHES SHNEI MESIM - The Wife of Two Dead Men

(a)The verse (Devarim 25:5) states that "the wife of the deceased" may not marry one other than her Yavam unless Chalitzah has been performed. Chazal derive from this wording that she may only participate in Yibum if she is the wife of a single dead brother and not two.

(b)The classic example of such a case is one in which one of three (or more) brothers dies childless. Subsequently, one of his surviving brothers betroths his Yevamah as if she was a regular woman (Ma'amar; see Background to Yevamos 68:5), but then dies before he performs Yibum (which can only be accomplished through marital relations). In such a case the remaining brothers may only perform Chalitzah, since this woman falls to him from two of his brothers. Chalitzah is still necessary, however, due to the Zikah that remains from the first brother.

(c)This example is one that exists only in a case involving Ma'amar, which connects a Yavam to his Yevamah mid'Rabanan. Abaye in our Gemara explains that there are certain cases (but not others) in which this Halachah applies even mid'Oraisa according to the opinion of Rebbi Eliezer as explained by Rebbi Aba (see TOSFOS to Yevamos 31b DH mid'Rabanan).

31)[line 27]AHANU- took effect [as it prohibited her to all men other than Shimon]

32)[line 31] L'MEISRA A'ALMA- to prohibit her to [all men in] the world [other than Shimon]

33)[line 33] CHAZAR V'AMAR LAH- he subsequently said to her [before giving her the Get]

34)[line 35] MAI D'ASAR SHARA- that which he forbade, he permitted [and it is now a fully valid Get even according to the Rabanan who disagree with Rebbi Eliezer]

OTHER D.A.F. RESOURCES
ON THIS DAF