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GITIN 54

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SUMMARY

R. Meir holds that people are suspect to transgress Shevi'is but not to transgress Shabbos.
 
If someone eats Terumah Tamei b'Shogeg he may pay the Kohen with Chulin Tamei.
 
If someone eats Terumah Tehorah he must pay with Chulin Tehorah.
 
R. Meir says that if he ate Terumah Tahor and pays with Chulin Tamei b'Shogeg it is a valid payment but not if he does so b'Mezid. (1)
 
The Chachamim hold that if he pays Chulin Tamei, whether he did so b'Shogeg or b'Mezid, it is a valid payment but he must make another payment of Chulin Tehorim. (2)
 
If the blood of a Korban becomes Tamei and the Kohen sprinkled it on the Mizbe'ach b'Shogeg the Korban may be eaten but if he did so b'Mezid it may not be eaten. (3)
 
If someone separates Ma'aser on Shabbos b'Shogeg he may eat it but not if he did so b'Mezid. (4)
 
If someone immerses utensils on Shabbos b'Shogeg he may use it but not if he did so b'Mezid
 
If Egozei Prach of Orlah got mixed in with nuts of Chulin and than he broke the nuts whether he broke them b'Shogeg or b'Mezid it is not Batel according to R. Meir and Rebbi Yehudah. (5)
 
Rebbi Yosi and R. Shimon say that if he broke them b'Shogeg it is Batel and if he broke them b'Mezid it is not Batel.
 
If a tree of Orlah gets lost among other trees he may not pick the fruit of any of the trees. (6)
 
If he picks the fruit of the trees the fruit of the Orlah is Batel if he did not do so deliberately according to the Chachamim.
 
Rebbi Yosi holds that even if he deliberately picked the fruit the tree the fruit is Batel.
 
If a Kohen cause a Korban to become Pigul b'Mezid he is Chayav.
 
If someone who is occupied with Taharos or Korbanos says that the Taharos became Tamei or the Korbanos became Pigul he is believed.
 
If he says that the Taharos or the Korbanos that I was occupied in yesterday became Tamei or Pigul he is not believed. (7)
 
If a scribe admits that he did not write the name of Hashem Yisbarach in a Sefer Torah Lishmah, once the Sefer Torah is in the hands of the customer he is not believed to Posel the Torah but he is believed to lose his wages.
 
If someone did not write the name of Hashem Yisbarach in the Sefer Torah Lishmah he may write it over Lishmah according to Rebbi Yehudah. (8)
 
The Chachamim hold that the name of Hashem may not be written over.
 
If a scribe admits that he did not process the Klaf of the Sefer Torah Lishmah he is believed even if the Sefer Torah is already in the hands of the customer. (9)

A BIT MORE

1. It is a Knas that he must pay a second time. The first payment becomes Terumah but not the second payment.
 
2. If he pays Chulin Tamei b'Mezid although the payment becomes Terumah however he must pay a second time.
 
3. Min ha'Torah he may sprinkle the blood on the Mizbe'ach l'Chatchilah because the Tzitz is Meratzeh the Korban, however the Rabanan prohibit it. Therefore if he sprinkles the blood on the Mizbe'ach b'Mezid although the Korban is Kosher it may not be eaten.
 
4. Separating Ma'aser on Shabbos is forbidden mid'Rabanan because it looks like Mesaken.
 
5. Whole Egozei Prach of Orlah are not Batel even in one thousand because of their Chashivus. If he breaks them prior to being mixed with Chulin they are Batel, but if he breaks them only after they are mixed in he is penalized and they are not Batel.
 
6. Because as long as the fruit is attached to the trees it is not Batel because something that is attached to the ground is not Batel and when he picks the fruit it is regarded as if he is deliberately being Mevatel an Isur.
 
7. Abaye says that he is not believed because it is still in his hands and Rava says that he is not believed because when he first saw the owner he didn't say anything and only later on he said something.
 
8. Only one name of Hashem Yisbarach may be written over Lishmah but not all of the names in the Sefer Torah because it looks spotted.
 
9. Since he knew that he would lose his pay and he admitted it anyway he must be saying the truth. However in the previous case where he admitted that the names of Hashem were not written Lishmah he may have thought that he would only lose the pay for writing the names of Hashem and therefore he may be lying.

BRIEF INSIGHT

A PASUL SEFER TORAH
 
If a scribe admits that he did not write the name of Hashem Yisbarach in a Sefer Torah Lishmah, once the Sefer Torah is in the hands of the customer he is not believed but he is believed to lose all of his wages. R. Yirmeyahu asks that I understand that he does not get paid for the writing the names of Hashem but why does not he get paid for the rest of the Sefer Torah. Why should he get paid for the rest of the Sefer Torah if it is Pasul? The Chochmas Shlomo explains that although the Sefer Torah is Pasul R. Yirmeyahu understood that it still has value to be used for learning as in those days they learned out of the Sefer Torah. However R. Ami responded that the Sefer Torah is not worth anything and cannot even be used to learn from because of the concern that it may be used for the Torah reading in the Beis Keneses and therefore it must be buried in the ground.

QUICK HALACHAH

If a scribe says that he did not write the name of Hashem Yisbarach in a Sefer Torah, or Tefilin or Mezuzah Lishmah, after the Sefer Torah is already in the hands of the customer he is not believed to Posel the Torah but he is believed to lose all of his wages. Why is he not believed? Because maybe his intention is to cause a loss to the customer and he thinks that he will only lose the wages of the names of Hashem. Therefore if he says that the Klaf of this Sefer Torah or Tefilin was not processed Lishmah he is believed because everyone knows that that if the Klaf is not processed Lishmah he does not receive any wages. (Rambam Hilchos Tefilin 1:18)

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