BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf Gitin 46
GITIN 46 - Marcia and Lee Weinblatt of New Jersey have dedicated this Daf in
memory of Marcia's mother, Esther Friedman (Esther Chaya Raizel bat Gershom
Eliezer) and father, Hyman Smulevitz (Chaim Yisochar ben Yaakov).
1) [line 2] MISHUM KILKULA - because of [the fear that her first husband
will] ruin [her second marriage and her children from her second marriage,
as the Gemara below quotes from a Beraisa]
2) [line 13] BADA'IN - false
3) [line 27] "V'LO HIKUM BENEI YISRAEL KI NISHBE'U LAHEM NESI'EI
HA'EDAH..." - "And the people of Yisrael did not kill them, because the
princes of the congregation had sworn to them..." (Yehoshua 9:18) - In the
times of Yehoshua, the Giv'onim (a people of the Chivi, one of the seven
nations whom the Jewish People were commanded to destroy upon entering Eretz
Yisrael) came and presented themselves before Yehoshua as if they came from
a far-off land. Since they claimed not to be residents of Eretz Yisrael,
they requested to be converted and to make peace with the Jewish People.
After Yehoshua agreed to accept them, it was discovered that they were one
of the seven prohibited nations. Having already accepted them, Yehoshua did
not want to break his oath and covenant with them (even though they tricked
him and the oath was uttered in error) so as not to cause a Chilul HaSh-m.
Yehoshua accepted them and appointed them to be woodchoppers and water
drawers to supply the needs for the sacrificial service on the Mizbe'ach
(Yehoshua 9:3-27). These people became known as "Nesinim," (from the root
"Nasan," to give) since they were "given over" by Moshe and Yehoshua
["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform
the tasks of chopping wood and drawing water.
4) [line 31] V'HAI D'LO KATLINHU - and the reason why they did not kill them
5) [line 32] RABIM - the word "Rabim" ("public") mentioned by Rebbi Yehudah
in the Mishnah (Daf 45b, line 39)
6) [line 35] EDAH - assembly. Specifically, this refers to the comparison of
the two words "Edah," one in the verse from Yehoshua 9:18 and one in the
verse referring to the ten spies, who are called an "Edah Ra'ah" (Bamidbar
7) [last line] KONEM
See Background to Gitin 45:50
8) [line 5] BAMAH
(a) A Bamah is a raised area used for sacrifices. Before the Beis ha'Mikdash
was built (when the Mishkan was not in use), there were times when it was
permitted to offer sacrifices on public altars (Bamas Tzibur or Bamah
Gedolah) and private altars (Bamas Yachid) (see Insights to Pesachim 91:2).
(b) BAMAS TZIBUR: Only one public altar was in use at any particular time.
At various times in our history, the Bamas Tzibur was in Gilgal (where the
Mishkan stood before the land was completely conquered, until it was moved
to Shiloh), Nov and Giv'on (after the Mishkan in Shiloh was destroyed, see
Zevachim 112b). An individual could offer only voluntary sacrifices on a
Bamas Tzibur. There is a difference of opinion among the Tana'im as to
whether all communal sacrifices could be offered on a Bamas Tzibur or only
the communal sacrifices that have a fixed time (Zevachim 117a).
(c) BAMAS YACHID: Any person, even if he was not a Kohen, could build a
Bamas Yachid anywhere in Eretz Yisrael and offer upon it his personal
sacrifices. Only voluntary sacrifices were allowed to be offered on a Bamas
9) [line 10] AILONIS - a woman who is incapable of conception. This word is
derived from the word "Ayil," a ram, which is a male sheep and does not have
a womb (Kesuvos 11a)
10) [line 34] TENAI KAFUL - The two-sided conditional statement
(a) It is possible to make a condition in all Kinyanim (acquisitions; the
word Kinyan connotes a change of ownership or status, such as sales, gifts,
Gitin and Kidushin) such that the Kinyan will not take effect unless one or
both of the parties involved fulfill the specified condition. However, the
Torah established that not all conditional statements are valid. Rather, the
wording of the conditional statement must follow a specific formulation
(b) According to those who rule that a Tenai Kaful is required, it must be
double-sided ("Tenai Kaful"; i.e. both the positive and the negative sides
of the condition must be explicitly stated) and the positive side must
precede the negative side. For example, "If you do such-and-such, the Kinyan
will take effect; *and if not, the Kinyan will not take effect.* (There is a
Tana who argues, ibid., and does not require that a conditional statement be
double-sided, since the inverse may be inferred from the first half of the
statement -- mi'Chlal Hen Atah Shome'a Lav.) Another requirement is that the
statement of the condition must precede the statement of the action.
(c) The format for conditional statements is learned from the condition that
Moshe Rabeinu made with the men of the tribes of Gad and Reuven. They
received portions in the land of Ever ha'Yarden (modern-day Jordan) on
condition that they fight alongside the other tribes in the wars of conquest
of Eretz Yisrael proper (Kidushin 61a).
(d) There are Rishonim who write that even according to the opinion that a
double-sided statement is necessary, it is not necessary under all
1. According to some, if the words "Al Menas" ("on the condition that...")
are included in the words of the conditional statement, it is considered as
if the statement is double-sided, and the second side need not be stated
explicitly (RAMBAM Hilchos Ishus 6:17).
(e) Even if the wording of the conditional statement is properly formulated,
there are still certain instances in which a Tenai will not work. For
example, the condition and the action cannot affect the same subject ("Tenai
u'Ma'aseh b'Davar Echad," Gitin 75a); the condition must be physically
possible to perform (ibid. 84a); and the condition must not be dependent
upon the concept of Bereirah (according to the opinion that rules Ein
Bereirah -- Gitin 25b, see Background to Beitzah 37:9). There are also rules
as to which types of actions can be qualified by a Tenai. A Tenai can only
be stipulated for the types of actions which one is able to perform through
an agent (a Shali'ach), such as the purchase or sale of land or other
objects, or such as effecting a marriage or divorce (Kidushin or Gerushin).
When performing actions such as Chalitzah, which cannot be performed through
a Shali'ach, a Tenai cannot be stipulated.
2. There are those who are of the opinion that the rules governing the
working of a Tenai only apply to Gitin and Kidushin, but not to sales and
gifts (see RAMBAM and RA'AVAD Hilchos Zechiyah u'Matanah 3:8).
(f) If the Tenai is not formulated properly, or if it does not fulfill one
of the above points, the Tenai is not valid and the action (that is the
Kinyan) takes effect even if the parties do not fulfill the specified
conditions. That is, the Tenai is disregarded.
11) [line 39] BENEI BEI MICHSEI - the people of Bei Michsei, possibly
Makesin, a city on the Habor River, a tributary of the Euphrates
12) [line 39] YAZFEI ZUZEI - borrowed money
13) [line 40] V'LO HAVAH LEHU L'MIFRA'INHU - and did not have the means to
pay them back
14) [line 40] KA GARVEI LEHU - they were going to apprehend them and make
them their slaves
15) [last line] LUDA'EI - cannibals from Lud, Lydia, a district of Asia