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Gitin 59

GITIN 59 & 60 - Sponsored by Rabbi Dr. Eli Turkel and his wife, Jeri Turkel. May Hashem bless them with many years of Simcha, health and fulfillment, and may they see all of their children and grandchildren follow them in the ways of Torah and Yir'as Shamayim!

1) [line 1] U'MINAI DIDI MANU B'REISHA - and from me (my opinion) they counted first

2) [line 6] D'CHULHU MINYANAIHU MIN HA'TZAD - for all countings began from the side (i.e. from the younger judges)

3) [line 9] GEDULAH - greatness, wealth
4) [line 12] KULHU SHENEI - all of the years [of his greatness, he was also the leading Torah sage]

5) [line 12] IRA HA'YA'IRI - one of the great Torah sages and advisors of King David (TARGUM YONASAN to Shmuel II 20:26). He is Ira ben Ikesh ha'Teko'i (Shmuel II 23:26), who was called ha'Ya'iri because (a) one of his ancestors was named Ya'ir; or (b) Teko'a, his city, was known for its abundant production of olive oil (Menachos 85b). Olive oil at the time was the best source of lamplight, and the word "Ya'ir" means he/it will give light (RADAK to Shmuel II 20:26).

6) [line 13] SHIM'I BEN GERA - The teacher of King Shlomo. He was confined to Yerushalayim (Melachim I 2:36-38) as a result of his rebellion against King David (Shmuel II 16:5-13).

7) [line 14] SHEVNA - a minister of Chizkiyahu ha'Melech who was a great Talmid Chacham. He later became evil and led a rebellion against the king during the war against Sancheriv, and Sancheriv killed him. (However, according to Tosfos in Yoma 38b and elsewhere, there were two different people by the name of Shevna.)

8) [line 17] D'MEICHAF HAVAH KAYIF LEI L'RAV ASHI - for he was subordinated himself to Rav Ashi

9) [line 18] ROMEZ V'NIRMAZ - [a deaf-mute] may signal [to others to show them his intentions] and others may signal [to show him their intentions, and such form of communication is legally binding]

10) [line 18] KOFETZ V'NIKPATZ - he may mouth [his intentions] and others may mouth [their intentions to him]

11) [line 19] HA'PE'UTOS - children who have reached a certain level of acumen. The Gemara cites three opinions as to whether this refers to the ages of six to seven, seven to eight, or eight to nine, and concludes that these opinions do not argue; it all depends upon the child's acumen.

12) [line 23] MACHAVEI - he showed him with his hand
13) [line 24] K'VAR SHIS, K'VAR SHEV - approximately six to seven years old
14) [line 25] LEFI CHURFEI - according to his rate of development (intelligence)
15) [line 26] MISHUM KEDEI CHAYAV - because of the basic necessities to stay alive
16) [line 26] "VA'YOMER LA'ASHER AL HA'MELTACHAH HOTZE LEVUSH LOCHOL OVDEI HA'BA'AL V'YOTZEI LAHEM HA'MALBUSH." - "He (Yehu) said to the person in charge of the wardrobe (Meltachah), 'Bring out a garment for all of the worshippers of the Ba'al,' and he brought out the clothing for them." (Melachim II 10:22)

17) [line 27] HA'NIMLAL V'NIMTACH - that is rolled and stretched (i.e. linen)
18) [line 28] BUNYAM BEN NUNYAM - the name of a wealthy Jew
19) [line 28] SINVI V'CHUMAS SALSELAH U'MALMELA - four types of clothing made of fine, quality linen

20) [line 29] K'AMGUZA - like a nut
21) [line 30] K'PISTAKA - like a pistachio
22) [line 30] TA'USAN - their mistake (when a Katan pays too much or charges too little)
23) [line 31] SHESUS - a sixth
24) [line 33] ZILU IMRU L'VAR MAR - go tell the son of the master (Mar the son of Rav Ashi)

A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (such as Hagbahah, or Chazakah), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place. If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.

(a) THE TORAH LAW - According to Torah law, in a courtyard (Chatzer) that has in it houses owned by different people, all of the neighbors may transfer objects from their houses to the courtyard and into other houses on Shabbos. Even though each house is a separately owned Reshus ha'Yachid and the Chatzer is a jointly owned Reshus ha'Yachid, it is permissible to move objects from one Reshus ha'Yachid to another.
(b) ERUV CHATZEIROS AND SHITUFEI MAVO'OS - King Shlomo decreed that transferring objects from one Reshus ha'Yachid to another is forbidden unless an *Eruv Chatzeiros* (lit. a mixing of the courtyard, Rambam Hil. Eruvin 1:6; or fraternization of the courtyard, Eruvin 49a) is created on Friday, before Shabbos begins (Shabbos 14b, Eruvin 21b). The equivalent of an Eruv Chatzeiros for an alley or a city is called a *Shituf Mavo'os*. This is accomplished by all of the neighbors collectively setting aside a loaf of bread, in one common container, in one of the houses of the courtyard (or, in the case of Shituf, in one of the courtyards of the alleyway). This shows that all neighbors have an equal share in all of the Reshuyos ha'Yachid, just as they all have a share in that bread. Through this act, they can be considered one Reshus again. (RAMBAM ibid. 1:4-9)


27) [line 1] AMAH - the irrigation channel that brings water from the river to the fields
28) [line 2] METZUDOS - traps
29) [line 6] HA'MENAKEF - who is picking
30) [line 7] EIN MEMACHIN - we do not protest

31) [line 7] LEKET
"Leket" refers to individual (one or two) stalks of grain that inadvertently slipped out of the reaper's hand while he harvested them (by cutting them underneath with a sickle) or while he uprooted them (if he is not using a sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem). Such stalks may not be retrieved by the owner but must be left for the poor, as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket...le'Ani vela'Ger Ta'azov Osam." - "Do not pick up the individual stalks that have fallen from the harvest...you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger." If three stalks fall together, they are not considered Leket and may be retrieved by the owner.

32) [line 8] SHIKCHAH
If one or two bundles of grain were forgotten in the field when the other bundles were collected, they must be left for the poor, as described in Devarim (24:19). Also, one may not backtrack to harvest a row previously overlooked.

33) [line 8] PE'AH
The corner, or end, of the harvest must be left in the field for the poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor...le'Ani vela'Ger Ta'azov Osam." - "Do not completely harvest the corner of your field...you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger." (Vayikra 19:9-10)

34) [line 20] LIFTO'ACH RISHON - to be the first one to read from the Sefer Torah
35) [line 21] L'VARECH RISHON - to recite the blessing first (ha'Motzi, and Birkas ha'Mazon)

36) [line 27] HA'BOTZE'A - the one who breaks the bread (initiating the meal)
37) [line 29] HA'RESHUS B'YADO - (lit. the permission is in his hand) he has the right to do so

38) [line 31] D'ASU L'INTZUYEI - for they will come to fight
39) [line 34] RAV HUNA KARI B'CHOHANEI - Rav Huna read in the place of the Kohen, i.e. first

40) [line 36] NAKTINAN - we have a tradition
41) [line 36] NISPARDAH CHAVILAH - the bundle becomes unraveled (i.e. the order of precedence of Aliyos is not followed)

42) [line 42] MAMZERES
(a) There are prohibited marital relations that invalidate the ensuing offspring and render them Mamazerim. The Tana'im argue as to the nature of these prohibited relations. According to Rebbi Yehoshua, they must be relations that are punishable by Misas Beis Din. Rebbi Shimon ha'Timni rules that all relations that are punishable by Kares, even if they are not punishable by Misas Beis Din, produce a Mamzer (fem. Mamazeres). According to Rebbi Akiva, even relations that are prohibited by a Lav produce a Mamzer (Yevamos 49a). Other Tana'im argue regarding the opinion of Rebbi Akiva. There are those who assert that he rules that only relations prohibited by a Lav produce a Mamzer. Others hold that even those prohibited by an Aseh produce a Mamzer (except for a Kohen Gadol who has relations with a non-virgin -- Kesuvos 30a). The Halachah follows the opinion of Rebbi Shimon ha'Timni, that only relations punishable by Kares produce a Mamzer (Yevamos ibid.)
(b) A Mamzer is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. He may, however, marry a Mamzeres and a Giyores (MISHNAH Kidushin 69a). The Tana'im and Amora'im argue as to whether a Safek Mamzer is prohibited mid'Oraisa to marry both a Mamzeres and a Jewess of unsullied lineage, because of the doubt, or whether he is permitted mid'Oraisa to marry either of them, since he is not included in the category of Mamzer that the Torah prohibited (Yevamos 37a, Kidushin 73a, 74a).

43) [line 42] NESINAH
(a) 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). In the times of Moshe Rabeinu, Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). 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.
(b) A Nesin is prohibited to marry into the community of HaSh-m, that is, Jewish people of unsullied lineage. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended the "decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak and Yakov). According to Rashi, these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos, these decrees were appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).

44) [line 42] PASLEI L'ZAR'EI
If a Levi marries a Mamzeres or Nesinah, the child born from that marriage does not have the status of a Levi, but rather that of a Yisrael Pasul (either a Mamzer or a Nasin).

45) [line 43] ACHLEI L'ZAR'EI (CHALAL)
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to Yevamos 59:8) or Chalalah. An ordinary Kohen is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah (see Background to Sotah 32:7), and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.
(c) A widow, divorcee or prostitute who has relations with a Kohen Gadol, and a divorcee or prostitute who has relations with a regular Kohen, becomes a "Chalalah." Female children born through such a union are also Chalalos. Also, any Jewish woman who has relations with a Chalal becomes a Chalalah (even though she is permitted to have relations with him).
(d) A Chalalah is prohibited to marry a Kohen. If she does marry (and have relations with) a Kohen, the Chalalah and the Kohen are punished with Malkos. A Chalalah may not eat Terumah. Although a Jewish woman who has living children from a Kohen normally eats Terumah, if she becomes a Chalalah she may no longer eat Terumah. Similarly, although the daughter of a Kohen normally eats Terumah until she becomes married to a non-Kohen, if she becomes a Chalalah she may no longer eat Terumah (Yevamos 69a).
(e) There is a Mitzvas Aseh for a Kohen Gadol to marry a Besulah (Vayikra 21:13). If he transgresses this Aseh and marries a Be'ulah (who is not an Almanah), the Tana'im argue as to whether the woman becomes a Chalalah and whether the child is a Chalal.

46) [last line] BENEI GELILA - the residents of the Galil

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