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Previous daf 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,
1) [line 19] ALMANAH L'CHOHEN GADOL / GERUSHAH V'CHALUTZAH L'CHOHEN HEDYOT
(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
(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,
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
(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
(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
16) [line 24] YADAYIM SHE'EIN MOCHICHOS
(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
(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
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
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
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
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")