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Previous daf Gitin 80
GITIN 80 (5 Iyar 5761) - Dedicated by Marsha and Lee Weinblatt of Teaneck,
New Jersey. May they see much Nachas from their daughter Jodi, who just
became a Kalah, and the rest of their extended family, and may we soon merit
to see the return of Hashem to Zion!
1a) [line 1] BAS LEVI MIN HA'MA'ASER - if the woman of our Mishnah was the
daughter of a Levi and she returned to her father's house after the
incident, she is penalized such that she may not eat Ma'aser Rishon (see
TOSFOS Yevamos 91a DH Amar where there is an opinion that the penalty is
that she should not receive Ma'aser; however, she is permitted to eat it)
b) [line 1] MA'ASER
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and
it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
2a) [line 1] BAS KOHEN MIN HA'TERUMAH - if the woman of our Mishnah was the
daughter of a Kohen and she returned to her father's house after the
incident, she is penalized such that she may not eat Terumah
b) [line 1] TERUMAH
(a) All of the Kohanim, male or female, are entitled to eat Terumah.
However, when a Bas Kohen marries a Yisrael, she loses her right to eat
Terumah, and she is considered a Zar (non-Kohen), who is prohibited from
eating Terumah (that is, her husband is "Posel" her from eating Terumah).
Should her Yisrael husband divorce her or die, she may eat Terumah as
before, as long as she has had no children from him (Vayikra 22:12-13,
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth,
she is prohibited from eating Terumah as are all Zaros. If she marries a
Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat
Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she
has no children from him, the prohibition for her to eat Terumah returns. If
she does have a child from him, she continues to eat Terumah in the merit of
her late husband, the father of her child (ibid.).
3) [line 1] V'EIN YORSHIN SHEL ZEH V'YORSHIN SHEL ZEH YORSHIM KESUVASAH
(KESUVAS BENIN DICHRIN)
(a) One of the stipulations of marriage that is imposed by Beis Din and that
is written explicitly in the Kesuvah (the Jewish marriage contract) is
called "Kesuvas Benin Dichrin." If the wife dies before her husband, her
sons inherit the full value of her Kesuvah after he dies (and not the sons
of his other wives), aside from the remainder of the estate (which is
divided equally among all of the sons).
(b) No sons of the woman of our Mishnah inherit her Kesuvah.
4) [line 4] CHOLTZIN V'LO MEYABMIN (YIBUM)
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife), as it states in Devarim
25:5-10. Chazal learn from the verses that there is a preference for the
oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a
procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He
appears before a Beis Din of three and states, "I do not want to marry her,"
after which his sister-in-law approaches him before the elders, takes off
his right sandal and spits in front of him. She then declares, "This is what
shall be done to the man who will not build up a family for his brother,"
and she is then free to marry whomever she wants.
(c) The *connection* of the brother to the dead man's wife, which obligates
one of the two, is called Zikah. It is comparable to the state of Eirusin
(betrothal) before a marriage. The Tana of the Mishnah from Yevamos rules
that the Zikah "connects" the Yevamah with all of the brothers, not only the
oldest. While the Yevamah is waiting for Yibum or Chalitzah, she is called a
(d) In certain situations (such as that of a doubtful marriage or divorce,
like the case in our Mishnah), the woman may not do Yibum, but may do only
5) [line 6] TZAROSEIHEN MUTAROS - their co-wives are permitted
When a man dies childless and his wife is an Ervah (a close relation -- see
Mishnayos to Yevamos 1:1-3) to the Yavam, she does not "fall to Yibum" and
as such she is exempt from the Mitzvos of Yibum and Chalitzah. She may marry
whomever she pleases, immediately. Chazal teach (Yevamos 3b, 8a) that not
only is the Ervah exempt form Yibum and Chalitzah, but also her Tzarah, the
second wife of the deceased. (However, if there are other Yevamim to whom
she is not prohibited because of an Isur Ervah, the two women may not get
married until one of the Yevamim performs Yibum or Chalitzah with one of the
wives of the deceased.)
6) [line 8] AILONIS - a woman who is incapable of conception. This word is
derived from the word "Ayil," a ram, which is a male sheep that does not
have a womb (Kesuvos 11a)
7) [line 9] HA'KONES - (lit. one who brings in [to his house]) one who
marries [his sister-in-law by performing the Mitzvah of Yibum]
8) [line 12] SHOVER - a receipt [for the Kesuvah, given to the husband or
his heirs after the value of the Kesuvah has been collected]
9) [line 16] L'ALTAR - immediately
10) [line 17] LO KOL HEIMENU - (lit. not everything is from him) he does not
have the legal power; he is not believed
11) [line 25] KOL HA'MESHANEH MI'MATBE'A SH'TAV'U CHACHAMIM B'GITIN - all
who deviate from the exact words that the Sages enacted with regard to Gitin
12) [line 38] L'SAFREI - to the scribes
13) [line 38] KI YASVISU B'SHILI - when you are in the place called Shili
14) [line 39] V'AF AL GAV D'MIMSERAN LECHU MILEI B'HINI - even though the
instructions were given to you in the place called Hini
15) [line 2] SANTAR - a governmental official (related to the word
"senator" -- YA'AVETZ); the town surveyor
16) [line 3] ISTANDERA D'BASHKAR - the viceroy of Bashkar
17) [line 8] ZILA LEHU MILSA - it is a disgrace for them (because of the low
rank of this official)
b) [line 8] SHEVICHA LEHU MILSA - it is an honor for them (because of the
high rank of this official)
18) [line 19] SHOMERES YAVAM
If a married man dies childless, his widow must undergo Yibum (the marriage
of a dead man's brother with his wife), as it states in Devarim 25:5-10 (see
above, entry #3). While the Yevamah is waiting for Yibum to be performed,
she is called a Shomeres Yavam.
19) [line 20] LISHNA MA'ALYA NAKAT - he (the Tana of the Mishnah) chose to
use "clean" language
20) [line 24] D'MICHLEFA B'ISHAH SHE'HALACH BA'ALAH LI'MEDINAS HA'YAM -
since this case (the Tzaras Ervah who gets *married* to someone other than
the Yavam) is similar to the case (in Mishnayos to Yevamos 10:1; Yevamos
87b) of the woman whose husband went overseas [and she remarried based upon
the testimony of one witness who reported that her husband died, but her
husband late returned]
21) [line 29] KA RAMYA KAMEI - (lit. [since she] is thrown in front of him)
since those women "fall to Yibum"