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GITIN 59

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SUMMARY

When a Beis Din judges Dinei Mamon, Tum'os and Taharos the Gadol is the first to make his decision. (1)
 
When a Beis Din judges Dinei Nefashos the less prominent judges are the first to make their decisions. (2)
 
From the time of Moshe Rabeinu until the time of Rebbi there was never a time when Torah and Gedulah (wealth) were found in the same person.
 
From the time of Rebbi until the time of R. Ashi there was never a time when Torah and Gedulah were found in the same person.
 
The Tana Kama says that a deaf mute may give a Get and buy and sell movable assets by using hand motions.
 
Ben Beseira says that a deaf-mute may also buy and sell movable assets by means of moving his lips. (3)
 
It is a Machlokes whether according to Ben Beseira a deaf-mute may give a Get by means of moving his lips.
 
When young children buy and sell movable assets the sale is valid and if there is Ona'ah (deceit) the Din is the same as a Gadol and the sale is void if the profit is more than a sixth. (4)
 
It is a Machlokes if the gift of a young child is valid.
 
A Kohen reads from the Torah first in the Beis Keneses followed by a Levi for the reason of Darkei Shalom. (5)
 
If the custom was to place an Eruv Chatzeiros in one particular house that custom may not be changed for the reason of Darkei Shalom.
 
The wells that are closest to the source of the stream are filled up first for the reason of Darkei Shalom. (6)
 
One may not take birds or animals from another person's trap for the reason of Darkei Shalom; Rebbi Yosi says that it Gezel Gamur. (7)
 
One may not take a Metzi'ah from a deaf-mute, insane person, or a minor for the reason of Darkei Shalom; Rebbi Yosi says that it Gezel Gamur.
 
If a poor person is cutting down olives from the top of the tree it is forbidden to take the olives from the bottom of the tree for the reason of Darkei Shalom.
 
We may not stop Nochris from taking Leket, Shichechah and Pe'ah for the reason of Darkei Shalom.
 
A Kohen has the right to speak first, to recite the blessing at a Se'udah first and to be the first to choose his portion when he splits his share with a partner.
 
When two people are eating together one may not start eating before the other but when three people are eating they do not have to wait.
 
The person who recites ha'Motzi is the one who should be the first to partake in the Se'udah, however he may pass on the honor to his Rav or to a Gadol.
 
A Kohen may not pass on his right to read first from the Torah on Shabbos and Yom Tov in order to prevent disagreements.
 
The Kohen may pass on his right to read first from the Torah on Monday and Thursday since there are less people in the Beis Keneses.
 
A Gadol ha'Dor may read first from the Torah even on Shabbos and Yom Tov.
 
If there are no Kohanim in the Beis Keneses the usual order does not apply. (8)
 
If there is no Levi in the Beis Keneses the Kohen who is called up first reads twice from the Torah.
 
Two Kohanim may not read from the Torah consecutively because of the concern that people may think that the first one to read is not a Kohen and that is why a second Kohen was called up. (9)
 
Two Leviyim may not read from the Torah consecutively because of the concern that people may think that one of them is not a Levi. (10)

A BIT MORE

1. However in the Beis Din of Rebbi the less prominent judges were the first to decide even for Dinei Mamon.
 
2. Because with respect to Dinei Nefashos it is forbidden for the lesser judges to decide differently than the Gadol and if the Gadol decided first that he is Chayav all of the lesser judges will follow suit.
 
3. Moving the lips is a less reliable form of communication than motioning with the hands.
 
4. The age of the children is dependent on their maturity. A very mature child already from the age of six may buy and sell and a very immature child may not buy and sell until the age of ten.
 
5. The Din that a Kohen must be honored and given the right to read first is Min ha'Torah, however he is permitted to pass on the honor to someone else and the Rabanan decreed that he may not pass on the honor in order to avoid disagreements.
 
6. When each person fills up his well from the stream he is forced to stop the flow of the stream temporarily. In order to avoid disagreements the Rabanan decreed that the wells are filled up in accordance with their proximity to the source of the stream.
 
7. A person who lays out a flat trap is not Koneh the animal but the Rabanan do not allow anyone else to take it in order to avoid disagreements. Rebbi Yosi holds that the Rabanan went a step further and decreed that the person who laid the trap has an actual Kinyan on the animal and therefore anyone who takes it is a Gazlan.
 
8. And the Levi does not read from the Torah at all. Alternatively the Levi may read from the Torah but he loses his right to be the second one to read from the Torah.
 
9. People will not call into question the lineage of the second Kohen because they are aware that his father is a Kohen, even though it is possible that his father married a Gerushah and the son is a Chalal, however if that was the case the son would not have read from the Torah in the place of the Levi either.
 
10. Even if they know for a fact that the father of the second one is a Levi they may suspect that the father married a Mamzeres and the son is a Mamzer.

BRIEF INSIGHT

MA'ALIN BA'KODESH
 
The Gemara asks how do we know that Kohanim read first from the Torah followed by a Levi? Why does the Gemara ask this question? The Mishnah says clearly that it is for the reason of Darkei Shalom! The Chasam Sofer answers although the reason is for Darkei Shalom the Gemara is asking why were the Rabanan Mesaken that the Kohen reads first followed by the Levi for the reason that the Kohen is more Kadosh than the Levi. Maybe the Yisrael should read first followed by the Levi followed by the Kohen because Ma'alin b'Kodesh v'Lo Moridin. Therefore the Gemara brings proof from the Pasuk that the Kohen is first followed by the Levi. The reason of Ma'alin b'Kodesh v'Lo Moridin only applies when they are not both in front of us but in this case since both the Kohen and Levi are present in the Beis Keneses we instead invoke the Klal that anything which is more Kadosh than the next takes precedence.

QUICK HALACHAH

A Kohen reads first from the Torah followed by a Levi followed by a Yisrael. The Minhag is that even a Kohen Am ha'Aretz read from the Torah before a Chacham Gadol Yisrael but only if the Kohen knows how to read because if he does not know how to read how can he recite the blessing on the Torah. (Shulchan Aruch OC 135:3, 4)
 
However if he can read along with the Korei word for word that is enough. (Rema)
 
If he can read along by heart even if he cannot read from the Torah at all it is good enough.

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