[44a - 46 lines; 44b - 43 lines]
1)[line 1]קטנה מן האירוסיןKETANAH MIN HA'ERUSIN- a girl under the age of twelve who was betrothed by her father (see Background to 41:7) [whose husband then died childless]
2)[line 6]קידושין דמדעתהKIDUSHIN D'MI'DAITAH- Kidushin which may only take place with her [and therefore, in this case, her father's] consent
3)[line 7]גירושין דבעל כרחהGERUSHIN D'VA'AL KORCHAH- divorce which may take place even against her will [in which case her father's consent is immaterial]
4)[line 12]ביאה דיבמהBI'AH D'YEVAMAH - marital relations [effect] Levirate marriage (YIBUM / CHALITZAH)
(a)Should a married man die without children, his widow is not 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). (If the brother does not wish to carry out Yibum, he must perform Chalitzah; she is then free to marry whomever she wants. See Background to Yevamos 2:2).
(b)Mid'Oraisa, Yibum may be accomplished only through an act of marital relations. Even if these relations take place against the will of the Yevamah, she becomes the full-fledged wife of her Yavam.
5)[line 17]ה"נ מסתברא כדקא מתרץ רבי יוחנןHACHI NAMI MISTABERA KED'KA METARETZ REBBI YOCHANAN- it is logical [that the reason why the Beraisa states that Ma'amar may be performed against the will of her father is that it may be performed against the will of a Yevamah] as [the Gemara suggested in the explanation of Rebbi Yosi b'Rebbi Chanina] in explanation of Rebbi Yochanan
6)[line 19]סיפאSEIFA- the end of the Beraisa quoted above (see parentheses on line 3)
7)[line 25]מאי שנא מאמר?MAI SHENA MA'AMAR?- why is Ma'amar different [from divorce, since they may both be performed against her will]?
8)[line 26]הואיל וזקוקה ועומדתHO'IL U'ZEKUKAH V'OMEDES- (the Gemara answers) since she is already bound [to receive either Yibum or Chalitzah her Yavam as a result of the remnants of her marriage to his brother]
9)[line 26]השתא דאתית להכיHASHTA D'ASIS L'HACHI- once we have come to this [answer that Ma'amar is not comparable to Gerushin since she is bound]
10)[line 27]מעיקראME'IKARA- to begin with [when we questioned the explanation of Rebbi Yosi b'Rebbi Chanina from the Beraisa of Ma'amar (bottom of 43b)]
11)[line 32]סיפאSEIFA- the following Mishnah (46a)
12)[line 32]התקדשי לי בתמרה זו, התקדשי לי בזוHISKADSHI LI B'TEMARAH ZO, HISKADSHI LI B'ZO- "Be betrothed to me with this date (fruit of the palm tree), be betrothed to me with this one." The Mishnah goes on to rule that since he said "Hiskadshi Li" along with each gift, each act is a separate attempt at betrothing her. She is therefore not betrothed unless one of the dates alone is worth the value of a Perutah (a minimal coin).
13)[line 33]מאן תנא התקדשי התקדשי?MAN TANA "HISKADSHI, HISKADSHI"?- who is the author of the Mishnah [who rules that this double wording of] "Hiskadshi, Hiskadshi" [is enough to deem each act a separate attempt at betrothal]?
14)[line 34]עד שיאמר שבועה לכל אחד ואחדAD SHE'YOMAR "SHEVU'AH" L'CHOL ECHAD V'ECHAD - unless he says "[I take] an oath" [in response] to each claimant [to deny being unlawfully in possession of that which belongs to him] (SHEVU'AS HA'PIKADON)
(a)If one claims that another is unlawfully harboring his collateral, has refused to give him his rightful share of joint holdings, has stolen from him, or has refused to pay him wages, then the accused must swear in Beis Din that the claim is false. This oath is termed a Shevu'as ha'Pikadon. Should the accused later admit that he swore falsely and the claim was indeed true, then he must pay what he owes plus an additional fifth of the ensuing total (equal to a quarter of the original value). He also must offer a Korban Asham Gezeilos (see Background to Rosh Hashanah 6:8) in order to receive atonement (Vayikra 5:20-26).
(b)Our Gemara makes reference to a case in which each of five people claim that an individual is unjustly holding money or an item of theirs. He then responds with an oath denying each of their claims. What terminology must he use for his oath to be Halachically considered five separate oaths, such that he will be required to offer five separate Korbanos? The opinion of Rebbi Shimon (which is soon cited in full) is that he must repeat the term "Shevu'ah before the denial of every claim. Similarly, in our Sugya, only the repetition of the word "Hiskadshi" before every gift of a date will divide one's actions into separate attempts at betrothal.
15)[line 35]בפרטיB'FERATEI- [regarding what terminology is necessary for utterances to be Halachically considered] separate [statements]
16)[line 35]כלל, אינו חייב אלא אחת; פרט, חייב על כל אחת ואחתKALAL, EINO CHAYAV ELA ACHAS; PARAT, CHAYAV AL KOL ACHAS V'ACHAS- if he generalized [all of his denials in one oath,] he is obligated [to offer] only one [Korban Asham]; if he specified [each denial in a separate oath], he is obligated [to offer] a [Korban Asham] for each and every one
17)[line 37]שבועה לא לך, לא לך, לא לךSHEVU'AH LO LECHA, LO LECHA, LO LECHA- a) [if one denies multiple claims with the words,] "I swear [that I do] not [have that which belongs] to you, nor [that which belongs] to you, nor [that which belongs] to you" (RASHI); b) according to the Girsa SHEVU'AH LO LECHA, V'LO LECHA, V'LO LECHA - [if one denies multiple claims with the words,] "I swear [that I do] not [have that which belongs] to you, and not [that which belongs] to you, and not [that which belongs] to you" (RABEINU TAM cited in Tosfos DH Rebbi)
18)[line 38]לא לך, לא לך, לא לך, ולא לך - שבועהLO LECHA, LO LECHA, LO LECHA, V'LO LECHA, SHEVU'AH- "[I do] not [have that which belongs] to you, nor [that which belongs] to you, nor [that which belongs] to you, and not [that which belongs] to you - I swear" (as opposed to a case wherein the oath was made mention of first)
19)[line 40]עלAL- go up
20)[line 41]האידנאHA'IDNA- lit. now; i.e., today
21)[line 42]אמר חברותא כולהAMAR CHAVRUSA KULA- the entire group ruled
22)[line 42]צווחTZAVACH- shouted
23)[line 42]כי כרוכיאKI KERUCHIYA- like a crane
24)[line 43]"ויצאה והיתה""V'YATZ'AH V'HAYESAH!"- [a Hekesh (see Background to 41:20) comparing the laws of betrothal and divorce is derived from the verse which states] "And if she shall go out [of his house, and go] and marry [another]" (Devarim 24:2)!
25)[line 43]ליכא דאשגח ביהLEIKA D'ASHGACH BEI- no one paid him any heed
26)[line 43]רבי אבין בר סמכא הוא?REBBI AVIN BAR SAMCHA HU?- is Rebbi Avin one upon whom one may rely?
27)[line 44]אין; כמין ימא לטיגני הואIN; K'MIN YAMA L'TIGNI HU- yes; a) [there was no time for him to have confused what he had heard, as I heard it from him so soon after he left the Beis ha'Midrash that] it was like [the time that it takes a fish from] the sea to [be set in] a [preheated] frying pan (RASHI); b) it was like [one who reports a happening in the village of] Yama to [the village o]f Tigni [which are so close to one another that one would be careful to report the truth lest he be caught in a lie] (RABEINU CHANANEL, cited by Tosfos)
28)[line 44]אנאANA- [the Amora that] I [heard featured in this Halachic anecdote]
29)[last line]למירמא דידיה אדידיהL'MIRMA DIDEI A'DIDEI- to pose a contradiction from [one ruling of] his to [another of] his
44b----------------------------------------44b
30)[line 1]מהו שתעשה שליח...?MAHU SHE'TA'ASEH SHALI'ACH...?- what is the Halachah regarding whether or not she may appoint an agent [according to the opinion of the Rabanan who rule that she may accept her own Get]...?
31a)[line 2]כיד אביה דמיא?K'YAD AVIHA DAMYA?- is she comparable to the hand of her father [which can both accept a Get itself or appoint an agent to do so on its behalf]?
b)[line 2]או כחצר אביה דמיא?O K'CHATZER AVIHA DAMYA? - or, is she comparable to the courtyard of her father (and one may acquire an object through its presence in his domain) (KINYAN CHATZER)
(a)One who wishes to acquire an object must perform a Ma'aseh Kinyan - an action that effects the acquisition. Which actions serve as Halachically valid Kinyanim depend on the type of object being acquired.
(b)Metaltelin (mobile objects) may be acquired through one of the following actions:
1.HAGBAHAH - lifting;
2.MESHICHAH - lit. pulling, which includes causing the object to move in any way;
3.CHATZER - having the object contained within one's domain.
(c)For the Kinyan of Chatzer to take effect, the domain must be stationary. A Chatzer Mehaleches (moving domain) is not effective in acquiring objects due to its transient nature. Therefore, although one's slave may be considered his domain, an item placed upon or held by the slave cannot be acquired through Kinyan Chatzer.
(d)Our Gemara queries whether, on the other hand, a Na'arah is similar to the courtyard of her father. Although it itself can be effective in acquiring her Get, it cannot appoint a Shali'ach to do so.
32)[line 5]מטיאMATYA- reach
33)[line 7]ישן ומשמרתוYASHEN U'MESHAMRASO- if he is sleeping [and bound (see Gitin 78a)] and she is standing guard over him
34)[line 8]ניעורNEI'OR- awake
35)[line 9]חצר משתמרת שלא לדעתהCHATZER MISHTAMERES SHE'LO L'DAITAH- a courtyard (i.e., her domain) guarded as a result of the awareness of one other then herself
36)[line 13]אלימאALIMA- as strong as
37)[line 14](אין) [אינה] עושה שליח(EIN) [EINAH] OSAH SHALI'ACH- she does not have the ability to appoint an agent (Girsa changed by the YA'AVETZ)
38)[line 19]אם רצה בעל לחזור בוIM RATZAH BA'AL LA'CHZOR BO- if her husband wishes to change his mind [and recall the Get]
39)[line 21]חסורי מיחסרא והכי קתניCHISUREI MECHSERA V'HACHI KA'TANI - Amending the Meaning of 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 amending 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).
40)[line 26]שלא לדעת אביהSHE'LO L'DA'AS AVIHA- without her father's knowledge or consent
41)[line 27]מיאוןMI'UN - A Young Girl's Refusal of Her Rabbinically Allowed Marriage
(a)Until a girl reaches the age of physical maturity, her father may marry her to a groom of his choosing. This marriage is as valid as one in which a woman who is of age consents to marry a man of her own choosing.
(b)If such a girl is subsequently divorced or widowed before she reaches the age of maturity, or if her father died before marrying her off, then the Chachamim allowed her mother and/or oldest brother to marry her off. Such a marriage, however, is valid only mid'Rabanan. In this case she must understand the concept of marriage, which may not occur until she is ten years old and cannot occur at any younger than six years of age. The RAMBAM and the RA'AVAD maintain that if such a girl gets married on her own, it is constitutes a valid marriage mid'Rabanan.
(c)When a young girl is married mid'Rabanan, she has the option of rejecting the marriage. At any point until she reaches Halachic maturity (i.e., until she becomes a Na'arah), she may declare in front of two witnesses, "I do not want him." This procedure is termed Mi'un (refusal), and through it her marriage is retroactively annulled. A Get (a bill of divorce) is unnecessary in Mi'un. A girl who was married off by her father cannot annul her marriage through Mi'un.
42)[line 28]קרנאKARNA- the name of an Amora
43)[line 28]דברים בגוDEVARIM B'GO- there are matters concealed within [this ruling of Shmuel]; i.e., it is difficult to understand
44)[line 29]הא מר עוקבא ובי דיניה בכפריHA MAR UKVA U'VEI DINEI B'KAFREI- behold Mar Ukva and his Beis Din are in the town of Kafrei
45a)[line 30]אפכוהAPCHUHA- they switched [the authorship of the statement of Shmuel with that of the question of Karna so that Rav, who was close with Shmuel, might better accept the question]
b)[line 30]שדרוה לקמיה דרבSHADRUHA L'KAMEI D'RAV- they sent it in front of Rav
46)[line 31]האלקים!HA'ELOKIM!- this is an oath, signifying the depth of feeling with which a statement is expressed
47)[line 32]חס ליה לזרעיה דאבא בר אבא דנימא הכיCHAS LEI L'ZAR'EI D'ABA BAR ABA D'NEIMA HACHI- woe unto the seed of Aba the son of Aba (the father of Shmuel) for having said such
48)[line 36]הוא ששדכוHU SHE'SHIDCHU- this [that she requires both a Get and Mi'un is true only] when others had discussed the match with her father beforehand
49)[line 37]אע"ג דשידכו?AF AL GAV D'SHIDCHU?- (the Gemara asks) [did Ula rule this way] even though others had discussed the match with her father beforehand?
50)[line 37]מאן דמתני הא לא מתני האMAN D'MASNI HA LO MASNI HA- (the Gemara answers) he who taught this [that the ruling applies only when the match had been previously discussed] did not teach this [that Ula ruled that neither a Get nor Mi'un are necessary]
51)[line 38]איכא דאמרי אמר עולאIKA D'AMREI, AMAR ULA...- According to this version of events, Ula was not responding to the statement of Shmuel, but rather formulated his own independent ruling.
52)[line 38]אפילו מיאון אינה צריכהAFILU MI'UN EINAH TZERICHAH- she does not even require Mi'un [and certainly not a Get, even in a case of Shidchu] (see also TOSFOS DH Man and TOSFOS DH b'Feirush to 45b)
53)[line 39]וכולןV'CHULAN- and all of [those woman who are forbidden to the Yavam to whom they fall, regarding whom the Chachamim said that their co-wives are permitted to marry another without requiring either Yibum or Chalitzah (see above, entry #4)]. The Mishnayos (Yevamos 1:1-3) list fifteen women who are forbidden to their Yevamim to the degree that not only they, but even their co-wives, are exempt from both Yibum and Chalitzah if he is the only Yavam (see Yevamos 3b, 8a). These woman are: his daughter, his daughter's daughter, his son's daughter, his wife's daughter, his wife's son's daughter, his wife's daughter's daughter, his mother-in-law, his mother-in-law's mother, his father-in-law's mother, his half-sister from his mother's side, his mother's sister, his wife's sister, the widow of his half-brother on his mother's side, the widow of his brother who died before he was born, and his daughter-in-law.
54)[line 40]איילוניתAILONIS- a woman lacking a womb, and therefore incapable of conception (The word "Ailonis" is derived from the word "Ayil" - a male ram; Kesuvos 11a).
55)[line 40]צרותיהן מותרותTZAROSEIHEN MUTAROS- their co-wives may remarry. An Ailonis may be diagnosed as such only from the age of twenty (see Yevamos 80a-b). Since one is presumed to have married his wife on the assumption that she was able to bear children, if she turns out to be an Ailonis then he need not give her a Get. Therefore, in the case under discussion, it becomes retroactively clear that her Tzaros never were co-wives of an Ervah, and were therefore prohibited from marrying one other than a Yavam without Yibum or Chalitzah.
56)[line 41]דקדשה מאן?D'KIDSHAH MAN?- (the Gemara asks on the case of the Mishnah) who was it that betrothed her [in the case in which she fell to her own father]?
57)[line 40]במיאון סגי לה? גט מעליא בעיא!B'MI'UN SAGI LAH? GET MA'ALYA BAYA!- would Mi'un be enough for her [to be unmarried]? She requires a proper Get!
58)[line 41]הוא מותיב לה, והוא מפרק להHU MOSIV LAH, V'HU MEFAREK LAH- he asked [the question], and he [himself] answered it
59)[line 42]מעשה יתומה בחיי האבMA'ASEH YESOMAH B'CHAYEI HA'AV- the act of an orphan [whose father cannot marry her off] in the lifetime of her father. This refers to a Ketanah who was fully married off (Nisu'in) by her father and then subsequently widowed or divorced. Since she does not return to her father's jurisdiction after Nisu'in, he does not have the ability to marry her off any longer.
60)[last line]אין מוכרה לקרובים... מוכרה לקרוביםEIN MOCHRAH LI'KEROVIM / MOCHRAH LI'KEROVIM (AMAH IVRIYAH: YI'UD)
(a)A destitute father may sell his daughter into the servitude of a Jewish master when she is younger than twelve years of age. Her servitude lasts for either a period of six years, until she reaches Gadlus (the point at which she has grown two pubic hairs after turning twelve), or until the Yovel year (see Background to Gitin 48:1) - whichever comes first. During this period she is termed an "Amah ha'Ivriyah" (Shemos 21:7-11).
(b)The master of an Amah ha'Ivriyah has the option of marrying her at any point of her servitude through the money that he originally purchased her with (see 19a). His son may also marry her in this manner. Such a marriage is termed "Yi'ud".
(c)The Rabanan rule that one may not sell his daughter to a relative whom she is prohibited from marrying, since the sale of an Amah ha'Ivriyah is not effective unless it can possibly lead to Yi'ud. Rebbi Eliezer disagrees, and maintains that such a sale is valid (see 18b).