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GITIN 45

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GITIN 45 (17 Shevat) - Dedicated by Mrs. Idelle Rudman in memory of Harav Reuven Moshe Rudman ben Harav Yosef Tuvia Rudman, who passed away 17 Shevat 5766, in honor of his Yahrzeit.
 

12th CYCLE DEDICATION
GITIN 45 - Dedicated by Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) whose passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

SUMMARY

If someone is Mekadesh his sister Rav says that the money must be returned and Shmuel says that the money is
 
a gift. (1)
 
R. Acha Bar Yoshiyah says that if a servant runs away from Chutz la'Aretz to Eretz Yisrael the master must free him and the servant shall write for him a Shtar for his value.
 
Rebbi says that if a person writes a Shtar to a servant that when he buys him he shall go free from now; the servant goes free retroactively at the time of purchase. (2)
 
Klal Yisrael is compared to a dove.
 
It is forbidden to ransom captives for more than their value because of a Tikun ha'Olam. (3)
 
It is forbidden to use force in order to free captives because of a Tikun ha'Olam; R. Shimon Ben Gamliel says that the reason is that it is a Takanah for the captives. (4)
 
It is a Safek whether a private individual may ransom a relative for more than his worth
 
It is forbidden to buy Sefarim, Tefilin or Mezuzos from Nochris for more than their worth because of a Tikun ha'Olam. (5)
 
A Sefer Torah that is written by a Min must be burned.(6)
 
If a Sefer Torah was written by a Nochri it is a Machlokes whether it must be burned or should be placed in Genizah. (7)
 
If a Sefer Torah is found in the possession of a Min it must be placed in Genizah.
 
If a Sefer Torah is found in the possession of a Nochri it is a Machlokes if it must be placed in Genizah or if it may be used.
 
If a Min, Masur, Nochri, servant, woman, Katan, Yisrael Mumar or Kusi write Sefarim Tefilin or Mezuzos they are Pasul.
 
R. Shimon Ben Gamliel holds that if a Ger who reverted back out of fear writes a Sefer Torah it may be used.
 
If Tefilin is covered with gold or if the hide of a non-Kosher animal is used it is Pasul.
 
It is a Machlokes Tana'im if the hide that is used for Tefilin must be processed Lishmah.
 

 
If someone divorced his wife because of a Shem Ra or because of a Neder he may not remarry her. (8)
 
Rebbi Yosi Bar Yehudah says that a person made a Neder that he will divorce his wife and the Chachamim allowed him to remarry her after the divorce because of a Tikun ha'Olam.

A BIT MORE

1. According to Rav although a person knows that a Kidushin with a sister is not valid he gave the money as a Pikadon and Shmuel holds that he gave the money as a gift.
 
2. Rebbi holds that a person can be Makneh something that does not yet exist.
 
3. It is a Safek if the Tikun ha'Olam is because it is too much of a strain on the community coffers or because it will encourage them to capture more people.
 
4. According to the Tana Kama the Takanah applies even if you free all of the captives because of the concern that future captives will be treated more roughly, while R. Shimon Ben Gamliel holds that we are only concerned about the treatment of the present captives and therefore if you free all of the captives it is permitted to use force.
 
5. Either because it is too much of a strain on the community coffers or because it will encourage them to steal more Sefarim.
 
6. Because it is certain that it was written for an Avodah Zarah.
 
7. According to R. Eliezer it must be burned because the Stam Machshavah of a Nochri is for Avodah Zarah. The opinion that holds it must be placed in Genizah is of the opinion that anyone whom the Mitzvah of Tefilin does not apply may not write Tefilin.
 
8. It is a Machlokes Tana'im what type of Neder would invoke the prohibition of not remarrying the divorced wife.

BRIEF INSIGHT

NOT MANY GOOD WOMEN
 
The Gemara says that when the daughter of R. Nachman returned from captivity R. Eilish said that they stirred the pot with their hands using sorcery. Why did R. Eilish only come to that conclusion after the daughter returned from captivity? The Chasam Sofer answers that even though they sinned in captivity it could be that until then they were righteous up until that time and only after they were captured they became sinners. However when he got back and they were still stirring pots with their hands the only possible conclusion was that they were using sorcery. Even though it is possible that they had thoughts of Teshuvah after they were redeemed, however we don't assume that a Rasha did Tesuvah unless we see him do so.

QUICK HALACHAH

TIKUN HA'OLAM
 
It is forbidden to ransom captives for more than their value because of a Tikun ha'Olam in order not to encourage our enemies them to chase after us and capture more people. It is forbidden to use force in order to free captives because of a Tikun ha'Olam so that our enemies will not make things more difficult for captives and guard them more vigilantly. (Rambam Hilchos Matnas Aniyim 8:12)
 
According to the Rif and the Rambam one may not even redeem his own wife for more than her worth, however some Rishonim argue. (Radvaz)

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