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GITIN 55

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12th CYCLE DEDICATION
GITIN 55 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

SUMMARY

R. Yochanan Ben Gudgada testifies that a Ketanah who is a deaf-mute who was married off by her father may be divorced with a Get. (1)
 
A Ketanah who is married off mid'Rabanan by her mother and brothers to a Kohen may eat Terumah. (2)
 
If a Ketanah who was married by her mother and brothers dies her husband inherits her property.
 
If someone steals a beam and builds it into a building he may pay the value because of a Takanas ha'Shavim according to Beis Hillel and Beis Shamai holds that he must return the beam.
 
A stolen Chatas that is not known to the Rabim is Mechaper because of a Tikun ha'Mizbe'ach.
 
Rava says that if a husband says to witnesses look at this Get that I am giving my wife and than when he gives the Get he tells her to take this Shtar Chov the Get is valid. (3)
 
A deaf-mute who was married off by her father to a Kohen may not eat Terumah. (4)
 
Ula holds that Yi'ush is not Koneh and the reason that a Chatas that is not known to the Rabim is Mechaper so that he Kohanim will not be sad.
 
Rebbi Yehudah holds that Yi'ush is Koneh and the reason that a Chatas that is known to the Rabim is not Mechaper is so that people will not say that the Mizbe'ach is eating Gezeilos.
 
(5)
 
If someone is Makdish a stolen animal and than he slaughters it he is Chayav Kefel but not four and five.
 
If after being Makdish the stolen animal he slaughters it outside the Beis ha'Mikdash he is Chayav Kares. (6)
 
The Din of Sikrokin (a Nochri murderer) does not apply at the time of the Harugei Milchamah; it only applies after the Harugei Milchamah (when it was forbidden to kill Jews). (7)
 
The Mishnah Rishonah said that if someone buys Karka from the Sikrokin before buying it from the owner the sale is Batel.
 
If someone buys [the Karka that was set aside for the Kesuvah) from the husband before buying it from the wife the sale is Batel.
 
The Mishnah Acharonah said that is someone buys the Karka from the Sikrokin the sale is valid but he must give the owner a quarter and he must give the owner a chance to buy the Karka. (8)
 
Rebbi put together a Beis Din and they decided that if the Sikrokin held the Karka for 12 months anyone can buy the Karka without giving the owner a chance to buy it.
 
Because of Kamtza and Bar Kamtza Yerushalayim was destroyed, because of a rooster Tur Malka was destroyed and because of a plank from a wagon Beitar was destroyed.

A BIT MORE

1. The marriage is mid'Oraisa since she was married by the father and she may be divorced even though she does not have Da'as because a woman does not need Da'as in order to receive a Get.
 
2. Even though the marriage is only mid'Rabanan she may eat Terumah mid'Rabanan.
 
3. This is learned from the testimony of Yochanan Ben Gudgada who testified that a Ketanah who is a deaf-mute who was married off by her father may be divorced with a Get. We learn from this that it is not necessary for a divorced woman to have Da'as. Therefore in this case as well even though the woman did not have Da'as and was unaware that she was receiving her Get the Get is valid.
 
4. Even though the marriage is mid'Oraisa she may not eat Terumah because of a Gezeirah lest a deaf-mute feeds his wife who is a Pikeches. Even though the Pikeches may eat Terumah mid'Rabanan since the marriage is valid mid'Rabanan however we are concerned that she may end up eating Terumah mid'Oraisa which is forbidden.
 
5. According to Rebbi Yehudah this Gezeirah applies even more so to an Olah.
 
6. Even though according to Ula the Korban is not fit to be brought on the Mizbe'ach because he holds that Yi'ush is not Koneh, however the Rabanan penalize him and place it in his possession from the time that he is Makdish it so that he will be Chayav Kares for it. .
 
7. The Din that if someone buys the Karka from the Sikrokin he must give the owner a quarter of the value does not apply at the time of Harugei Milchamah- when the Goyim were killing Jews with impunity, because at that time when the Yisrale gave the Karka to the Nochri he did so with a full heart because he is scared for his life.
 
8. We assume that the Sikrokin sold it to him for a quarter less than it was worth and therefore he must give a quarter of its worth to the owner.

BRIEF INSIGHT

MARRIAGE TO A DEAF MUTE
 

 
If someone steals a beam and builds it into a building he may pay the value because of a Takanas ha'Shavim. The Rema says (CM 360:1) that if someone steals Kraka and builds large buildings on it he must break down all of the buildings and return the Karka to its owner because Takanas ha'Shavim does not apply to Karka. The Chasam Sofer explains that Takanas ha'Shavim only applies if there was some Shinuy (a change) to the stolen object but it wasn't enough of a Shinuy to be Koneh the object. Therefore the Takanas ha'Shavim does not apply to Karka since there is no Shinuy to the Karka.

QUICK HALACHAH

TAKANAS HA'SHAVIM
 
Anyone who steals something must return the item that he stole. If the item is lost or underwent a change than the Gazlan must return its value. Even if someone steals a beam and builds it into a big building since the beam is unchanged he must knock down the entire building and return the beam however the Rabanan instituted because of Takanas ha'Shavim that he may return the value of the beam instead of the actual beam so that the building will not be destroyed. (Shulchan Aruch CM 360:1)
 
However if in the process of placing the beam in the building the beam underwent a Shinuy than even the Takanas ha'Shavim is not necessary and m'Ikar ha'Din the value of the beam is returned.

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