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Gitin 85

GITIN 83-85 - Dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela Turkel, Golda bas Reb Chaim Yitzchak Ozer, A"H.

(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to Gitin 79:22) 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 Gitin 80:4), 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.

2) [line 20] 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).

3) [line 20] 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).

4) [line 24] AMONI / MOAVI
(a) Moav and Ben Ami were the illegitimate children of Lot (Bereishis 19:30-38). They became the fathers of the nations of Moav and Amon. The Torah prohibits these nations from marrying into the Jewish people, as the verse states, "Lo Yavo Amoni u'Moavi b'Kehal HaSh-m, Gam Dor Asiri..." - "An Amoni or Moavi shall not enter into the congregation of HaSh-m; even to their tenth generation [shall they not enter into the congregation of HaSh-m forever.]" (Devarim 23:4). This prohibition only applies to the males of these two nations (ibid. 23:5; see Yevamos 76b-77a)
(b) According to most opinions this prohibition does not apply today because the Moavim and Amonim about whom the Torah speaks have become lost among the nations (SEFER HA'CHINUCH # 563, 564). In fact, the Gemara records a case where Rebbi Yehoshua allowed a male Amoni convert to marry a Jewess of unsullied lineage, claiming that the original Amonim have been lost since they were dispersed by the king of Ashur (Berachos 28a).

5) [line 25] MITZRI / ADOMI
(a) Only the grandchild of an Egyptian or Edomite convert may marry into the Jewish people as stated in Devarim 23:8-9 (Yevamos 76b). One who marries a first or second-generation Egyptian or Edomite convert transgresses a Lav ha'Ba mi'Klal Aseh. This prohibition applies to both male and female converts. If an Egyptian woman married to an Egyptian man, converts while she is pregnant, the child who is born is a Mitzri Sheni (second-generation Egyptian).
(b) According to most opinions this prohibition does not apply today because the Egyptians and Edomim about whom the Torah speaks have become lost among the nations (SEFER HA'CHINUCH # 563, 564).

6) [line 27] HAVAYAH - Kidushin
7) [line 31] NOLADIM - those who will be born in the future

8) [line 36] BA'AL ACHOSAH
A man may not marry his wife's sister during his wife's lifetime as it states in Vayikra 18:18.

9) [line 49] "...LI'SHEIRO...V'YARASH OSAH..." - "[And if his father has no brothers, then you shall give his inheritance] to his kinsman [who is the closest familial relative to him,] and he shall possess it; [and it shall be to the people of Yisrael a statute of judgment, as HaSh-m commanded Moshe.]" (Bamidbar 27:11) - The Gemara interprets the words "She'eiro" and "Osah" as referring to his wife.

10) [line 49] KIDUSHAYICH BI'SHETAR (SHTAR KIDUSHIN - a document of betrothal)
(a) The Torah commands that when a Jewish man intends to marry a woman, he must first be Mekadesh (betroth) her in front of witnesses, as the verse states, "Ki Yikach Ish Ishah" - "When a man takes a wife" (Devarim 22:13). He accomplishes Kidushin (an equivalent word derived from the Hebrew is "Eirusin") by means of Kesef, Shtar or Bi'ah (see Kidushin 2a).
(b) A Shtar Kidushin is a document containing the words, "Harei At Mekudeshes Li" ("Behold you are betrothed to me"). One of the ways to betroth a woman is to hand her such a document (Mishnah Kidushin 2a).

11) [last line] ISKUSH HAVAYOS L'HADADEI - all methods of Kidushin are compared to each other (Kesuvos 46b, Kidushin 9b) [in the verse "v'Yatz'ah mi'Beiso; v'Halchah v'Hayesah l'Ish Acher" - "And she will leave his house (the house of her first husband) and she will be [a wife] to another man." -- Devarim 24:2] - The word "v'Hayesah" ("and she will be") includes any form of Kidushin: Kesef, Shtar or Bi'ah.


12a) [line 1] V'DEIN DI'YEHEVEI LEICHI MINAI - and this [document] that will be to you from me
b) [line 1] SEFER TEIRUCHIN - a record of being sent away
c) [line 2] V'IGERES SHEVUKIN - and a document of release
d) [line 2] GET PETURIN - a bill of divorce
e) [line 2] LI'MEHACH L'HISNASVA L'CHOL GEVAR DI'SITZAVYAN - to go and get married to any man whom you desire

13) [line 3] GET SHICHRUR
(a) A Jew who owns a non-Jewish slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill of release (Kidushin 22b). If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)
(b) The Mishnah (ibid.) states that the two methods of release are different. The payment must be made by others directly to the master and not to the slave ("b'Chesef Al Yedei Acherim"), while the Get Shichrur must be given to the slave himself ("b'Shtar Al Yedei Atzmo").

14) [line 9] LI'MELACHAH - (lit. for work) to inform her that she may keep the earnings from her handiwork

15) [line 19] ONO - a document [that states that if the slave will escape from his new master, his previous master will not take him back as his slave]

(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get. If a husband verbally informs his wife that he intends to divorce her, without giving her a Get, she remains his wife.
(b) Even if a husband hands his wife a Get, it still may be unclear as to whether he intends to divorce her with the Get or whether he intends to divorce her verbally, using the Get only as a proof of his actions. As such, if a man hands his wife a Get that does not include the words "v'Dein di'Yehevei Leichi Minai Sefer Teiruchin..." - "and *this* [is the document] that I am giving you as a Get...," it creates an unclear situation referred to as a "Yad" (literally, a handle) for Geirushin. The Yad allows us to "grasp" the person's intentions, but is not self-evident.
(c) In such situations, the Tana'im and Amora'im argue over *how clear* the person's intentions must be. According to Rebbi Yehudah, his intentions must be very clear ("Yad Mochi'ach") in order to effect Geirushin. Therefore, if the Get does not include "v'Dein..." it is not valid. According to the Rabanan, even if his intentions are not beyond doubt ("Yad she'Eino Mochi'ach"), the Yad is effectual. Therefore the Get is valid without "v'Dein..."

17) [line 32] D'MASHMA "V'DIN" - it implies, "if it is [incumbent upon me to divorce you according to] the Halachah, [then you shall be divorced. If it is not, you are not."]

18) [line 33] D'MASHMA "IGRAS" - it implies (a) "a roof" (RASHI, TOSFOS); (b) two words, "Iy Garis," that have the connotation of "Iy Zanis" - "if you have been unfaithful, [then you shall be divorced. If not, then you are not."] (MAHARSHAL)

19) [line 35] D'MASHMA "KI CHUCHA" - it implies "[this Get is] like a joke"

20a) [line 35] DI'SIHEVYAN - that you should be
b) [line 35] DI'SITZAVYAN - that you desire. These words are part of the phrase of a Get, "di'Sihevyan Rasha'ah v'Shalta'ah b'Nafshaichi l'Mehach l'Hisnasva l'Chol Man di'Sitzavyan" - "that you should be authorized and independent (lit. in control of yourself) to go and get married to any man whom you desire." If they are written with two letters "Yud" instead of three, these words might be misconstrued to mean, "[women in general] should be authorized etc."

21) [line 37] V'LORCHEI L'"VAV" D'SEIRUCHIN - and the letter "Vav" of the word "Teiruchin" should be lengthened [so that it does not look like "Teirichin"]

22a) [line 38] D'MASHMA TERICHIN - [since the phrase "Sefer] Teirichin" implies ["the records of being sent away of] women in general"
b) [line 38] U'SHEVIKIN - and [since the phrase "Igeres] Shevikin" [implies "the documents of release of] women in general"

23a) [line 39] KEDU - now
b) [line 39] D'MASHMA U'KEDI - since the phrase "u'Kedi Patris" implies "and I have set you free *without anything*, i.e. without using a Get

24a) [line 42] EICH PELANYA BAR PELANYA - how so-and-so, the son of so-and-so
b) [line 43] PATAR V'SARICH YAS PELONISA INTESEI - divorced and sent away so-and-so, his wife
c) [line 44] D'HAVAS INTESEI MIN KADMAS DENA - who was his wife beforehand
d) [line 44] MI'YOMA DENAN UL'OLAM - from this day and forever

25) [last line] ZEMANO SHEL SHETAR MOCHI'ACH ALAV - the date of a document proves from when it goes into effect (and as such, a Get does not need the words "mi'Yoma Denan" - "from this day")

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