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GITIN 36

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12th CYCLE DEDICATION
GITIN 36 - dedicated by Rav Gedalya Weinberger of Brooklyn, N.Y., in memory of his father, Reb Chaim Tzvi ben Reb Shlomo Weinberger, whose Yahrzeit is 18 Adar. Reb Chaim Tzvi, who miraculously survived the holocaust, raised his children with a strong dedication to Torah and its study.

SUMMARY

Even according to the opinion that a public Neder may be annulled, however a Neder that was made on the Da'as of the public may not be annulled. (1)
 
For a Mitzvah even a Neder that was made on the Da'as Rabim may be annulled.
 
According to R. Elazar who holds that Eidei Mesirah are required for a Get, Eidem must sign on a Get because of a Tikun ha'Olam. (2)
 
At first the witnesses signed Ish Ploni Ed and the Rabanan decreed that the witnesses shall spell out their name on the Get because of a Tikun ha'Olam. (3)
 
Rabanim who are well known may sign with a symbol because their symbol is well known. (4)
 
When Hillel saw that people were reluctant to lend money because of the concern of Shemitah he was Mesaken a Pruzbul
 
On the Pruzbul it is written that the lender is giving over his Shetaros to the Beis Din so that the Beis Din will be the ones to collect the Chov.
 
The Takanah of Pruzbul is effective only nowadays because the Dinim of Shemitah apply only mid'Rabanan.
 
When Shemitas Karka does not apply Min ha'Torah Shemitas Kesafim also does not apply. (4)
 
The Rabanan instituted that Shemitah applies even nowadays Zecher l'Shviis.
 
A Beis Din may not be Mevatel the words of an earlier Beis Din unless the latter day Beis Din is greater in wisdom and in number.
 
It is a Safek to the Gemara if Hillel was Mesaken the Pruzbul only for his own generation, or for all future generations. (5)
 

 
Only an authoritative Beis Din such as the Beis Din of Rav and Shmuel may write a Pruzbul.
 
Those that don't respond when they are disgraced and do Mitzvos out of love of Hashem Yisbarach and are happy with afflictions, the Pasuk states about them those that love Him will be like the rising sun at its strength.

A BIT MORE

1. The public told the Madir that we are making you take a Shevu'ah that is contingent on our Da'as.
 
2. Because of the concern that the Eidei Mesirah will die or will go to Medinas ha'Yam.
 
3. Because when the witnesses sign Ish Ploni Ed the only way to authenticate the signatures is to find another Shtar with the same signatures that was authenticated by the witnesses themselves. Now that the witnesses spell out their names we can look for people that recognize their signatures so that they authenticate them.
 
4. Their symbol becomes well known by means of the She'eilos and Teshuvos and letters that they write.
 
5. Shemitas Karka does not apply when Yovel no longer applies which was the case even during the times of the second Beis ha'Mikdash
 
6. If he was Mesaken it only for his generation a latter day Beis Din may be Mevatel the Takanah, but if he was Mesaken it for all future generations only a Beis Din greater in wisdom and number may be Mevatel the Takanah.

BRIEF INSIGHT

HAPPY WITH AFFLICTIONS
 
Ha'Nelavim v'Ainam Olvim- those that hear subtle insults and they don't respond in kind. Shomin Cherpasam-they hear people disgrace them outright and they still don't respond, their lack of response is out of love of Hashem Yisbarach and are happy with the afflictions that are caused by the insults About him the Pasuk states 'those that love Him will be like the rising sun at it strength.' They will protect the entire world like the sun that everyone in the world benefits from. (Ben Yehoyada)

QUICK HALACHAH

TAKANAS PRUZBUL
 
When Hillel saw that people were reluctant to lend money and were transgressing the Pasuk that states 'guard yourself lest your harbor a delinquent thought in your heart' he was Mesaken a Pruzbul so that Shevi'is will not be Meshamet the Chov and people will be willing to lend money. A Pruzbul is only effective nowadays when Shemitas Kesafim is mid'Rabanan, but it is not effective when Shemitah is mid'Oraisa. (Rambam Hilchos Shemitah 9:17)
 
This is true only according to the opinion of Abaye, however according to the opinion of Rava who says that Hefker Beis Din Hefker a Pruzbul is effective even when Shemitah is mid'Oraisa. (Ra'avad)

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