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GITIN 30

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GITIN 30 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
 

12th CYCLE DEDICATION
GITIN 30 (9 Av) - Dedicated by Mrs. Gitti Kornfeld in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel. Isi Turkel, as he was known, loved Torah and worked to support it literally with his last ounce of strength. He passed away on 10 Av 5740.

SUMMARY

When a Shali'ach becomes ill and is unable to bring the Get a Beis Din may appoint a second Shali'ach even without the presence of the first Shali'ach.
 
If someone gives a Get to his wife and he says that if he does not return within 30 days it should go into effect, if he was held back from returning because the ferry service was discontinued the Get anyway goes into affect. (1)
 
If someone gives a Get to his wife and he says that if I don't appease you within thirty days the Get shall go into affect and he tries but does not succeed to appease her, the Get goes into affect according to Rav Yosef. (2)
 
According to the second version of R. Yosef since he tried to appease her even though he didn't succeed the Get does not go into affect. (3)
 
If someone lends money to a Kohen, Levi or Ani on condition to take the Terumah or Ma'aser as payment for his Chov he may take the Ma'aser under the assumption that they are still alive.
 
If the Kohen, Levi or Ani are no longer alive he must receive permission from the inheritors before he takes the Terumah or Ma'aser. (4)
 
Rav says that which the Mishnah states that the lender may collect his Chov from Ma'aser is in a case that the borrower is from the Makirei Kehunah. (5)
 
Shmuel says that the lender must be Mezakeh the Terumah or Ma'aser to the Kohen or Levi with a third party.
 
Ula says that says that which the Mishnah states that the lender may collect his Chov from Ma'aser is in accordance to Rebbi Yosi who holds that someone who is not a Zocheh is made into a Zocheh.
 
When the lender separates the Terumah or Ma'aser he may take the produce at the cheaper price and it is not Ribis. (6)
 
When a lender collects his Chov from Ma'aser, Shemitah is not Meshamet the Chov because the loan is not collected from the borrower and it is not 'Lo Yigosh.'
 
When there is an agreement that a lender collects his Chov from Ma'aser the Kohen or Levi may back out but the lender may not back out.
 
If the lender was Meya'esh (he gave up on it) he may not collect from the Terumah or Ma'aser.
 
If someone lends money to a Kohen in Beis Din if the Kohen dies the lender may collect from the Terumah b'Chezkias the inheritors from the Shevet. (7)
 
If someone lends money to a poor person in Beis Din and he dies, they may collect from the Ma'aser Ani b'Chezkas the poor of Klal Yisrael. (8)
 
If someone lends money to a poor person on condition to collect from the Ma'aser Ani, if the borrower becomes wealthy the loan may no longer be collected.
 
A Chaver does not separate Ma'aser unless the produce is not next to the Ma'aser.
 
If a Ben Yisrael tells a Levi that my father told me that you have Ma'aser deposited with us, the Levi must concern himself with the possibility that the Terumas Ma'aser was not separated from it. (9)

A BIT MORE

1. Either because an Ones does not stop a Get from going into effect or because this type of Ones is frequent and he should have foresaw the Ones and specifically stipulated that the Get shouldn't go into effect in the event of the discontinuation of the ferry.
 
2. Because he should have given her a valuable gold coin in order to appease her. Even though he cannot afford such a coin and therefore it is an Ones, R. Yosef holds that an Ones does not stop a Get from going into effect.
 
3. According to this version of R. Yosef an Ones stops a Get from going into effect and since it is an Ones that he does not have a gold coin and he tried every other method of appeasement the Get does not go into affect.
 
4. Because the inheritors are not obligated to pay back the Chov of their father.
 
5. Makirei Kehunah is someone he regularly gives his Terumah or Ma'aser to. Since he regularly gives this person his Terumah or Ma'aser all of the other Kohanim or Leviyim forfeit their right to the Ma'aser and it is as if it the Kohen or Levi already received the Ma'aser and he is Yotzei the Mitzvah of Nesinah to the Kohen or Levi.
 
6. Even if they didn't make up a price at the time of the loan he may take the produce at the cheaper price that it was worth at the time the Terumah or Ma'aser was separated. It is not Ribis because if the produce would not have grown at all he wouldn't have taken anything at all, therefore if it does grow and the price goes down he may take it at the cheaper price.
 
7. Only if the inheritors inherited land may he collect from the Terumah because otherwise they are not obligated to pay back the Chov of their father. R. Yochanan says that even if they inherit a small piece of Karka that is worth far less than the Chov he may collect the entire Chov from Ma'aser. while R. Yonasan says that they may not collect more than the value of the Karka.
 
8. R. Achi says that he may collect b'Chezkas the poor of the world including even Kusim because he holds that Kusim are real Gerim.
 
9. Because maybe he did not know how much Ma'aser there is, however if he says that you have a Kor Ma'aser of produce by us the Levi need not be concerned that the Terumas Ma'aser was separated it because certainly the Yisrael separated the Terumas Ma'aser before his death because a Chaver does not allow himself to have produce that is not Metukan.

BRIEF INSIGHT

A TARKAVA D'DINRI
 
If someone gives a Get to his wife and he says that if I don't appease you within thirty days the Get shall go into affect and he tries but does not succeed to appease her, the Get goes into affect according to Rav Yosef, because he should have given her a valuable gold coin in order to appease her. Tosfos ask that the implication is that if he did give her a gold coin the Get would not go into affect even if she was not appeased. Why isn't it a Get if she is not appeased according to the opinion that an Ones does not stop a Get from going into effect?
 
Tosfos answers that the Tenai of the Get was that he would go all out to appease her. Once he gives her a valuable gold coin he has fulfilled the condition even if she was not appeased.

QUICK HALACHAH

A DISCONTINUED FERRY
 
If the husband made a condition that the Get should go into affect if he does not return to the Medinah within thirty days and he was on the way within 30 days and he fell ill or was held back by a river and he came back only after 30 days it is a Get even if he is standing and screaming that he is an Ones. Because an Ones is not a valid claim when it comes to Gitin even though he made it clear that he does not want the Get to go into affect. (Rambam Hilchos Gerushin 9:7)
 
However if an unlikely Ones occurred such as the house fell on him or he was eaten by a lion, since it could not have been anticipated it is a valid claim and the Get will not go into affect. (Magid Mishneh)

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