GITIN 14 (15 Teves) - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.

[14a - 51 lines; 14b - 48 lines]

1)[line 2]גמר ומשעביד נפשיהGAMAR U'MESHA'ABED NAFSHEI- he made up his mind and subjugated himself [to the third party]

2)[line 4]דכפתי ושקלי לאלתרKAFTEI V'SHAKLEI L'ATLAR- they pressure [those who owe them money] and take [what is owed to them] immediately

3)[line 5]נתת דבריך לשיעוריןNASATA DEVARECHA L'SHI'URIN- your rule would vary according to the circumstances

4)[line 10]אפיטרופיאAPITROPIYA- (O.F. seneschal) steward, manager of the household (RASHI to Sukah 27a)

5a)[line 11]המשיא אשה לבנו גדול בבית קנאוHA'MESI ISHAH LI'VENO GADOL B'VAYIS, KENA'O- if a man marries off his adult son in a special Beis Chasnus (see next entry), the son acquires the house

b)[line 11]בביתB'VAYIS (BEIS CHASNUS)- (a) a special home, with a Chupah inside of it, that was built for the eldest son who became a Chasan (RASHI to Megilah 5b DH u'Neti'ah; presumably it was reused for later children). It may be only a lean-to attached to the father's house, even as small as 4 Amos by 6 Amos by 5 Amos in height (RASHBAM to Bava Basra 98b); (b) the main residence at which the Chasan and Kalah stay during the time of the Sheva Berachos (Tosfos Sukah 25b DH Ein Simchah)

6)[line 12]קבא דמוריקא אית לי גבךKAVA D'MORIKA IS LI GABACH- you owe me a Kav of Morika (1 Kav = 4 Lugin = 24 Beitzim = 1.20, 1.38, or 2.4 liters, depending upon the differing Halachic opinions)

7)[line 14]דמוריקאD'MORIKA- with saffron

8)[line 14]יהביה לפלוניYAHAVEI LI'PELONI- give it to so-and-so

9)[line 15]באפיה קאמינא לך דלא הדרנא ביB'APEI KA'AMINA LACH, D'LO HADARNA BI- I am saying this to you in front of him so that I cannot change my mind

10)[line 20]גינאיGINA'EI- gardeners who sell their produce

11)[line 20]פשP ASH- there remained

12)[line 21]איסתרי זוזיISTIREI ZUZEI- silver coins also known as a Sela'ei Medinah (equal to 1/8 of a Sela Tzuri or 1/2 of a Dinar/Zuz)

13)[line 21]אמרי ליה יהבינהו ניהליה למרי ארעא באפי מרי ארעאAMREI LEI, YEHAVINHU NIHALEI L'MAREI AR'A, B'APEI MAREI AR'A- they said to him, "Give it to the owner of the land [for the tax]," in the presence of the owner of the land

14)[line 28]קנין בטעותKINYAN B'TA'US- a mistaken transaction (the results of which are rendered void)

15)[line 29]הולךHOLECH- take

16)[line 30]חייב באחריותוCHAYAV B'ACHRAYUSO- he (the sender) has the obligation [of seeing to it that his creditor gets the Maneh, whether it gets lost or stolen, avoidably or unavoidably]

17)[line 33]הולך כזכי דמיHOLECH K'ZECHI DAMI

(a)When a person sends an object to another person who is not present by way of a Shali'ach (agent) there are two ways that the recipient may acquire (i.e. take Halachic title of) the object. The recipient may acquire the object when the Shali'ach delivers it and the recipient personally receives it and makes a Kinyan (a formal act of acquisition) on the object. Alternatively, the recipient may acquire the object at the moment that the original owner gives it to the Shali'ach by having the Shali'ach act on the recipient's behalf and make a Kinyan on the object for him.

(b)Normally, in order for the recipient to acquire the object at the moment that the Shali'ach receives it, two conditions must be fulfilled. If either of these two conditions are not fulfilled, the recipient must wait until he actually receives the object from the Shali'ach in order to be considered the Halachic owner of the object. The two conditions are:

1.The recipient must either have appointed the Shali'ach to acquire it on his behalf, or it must be obvious to all that the recipient would have wanted to appoint the Shali'ach to acquire it on his behalf. (The latter is known as "Zechiyah," or "Zachin l'Adam she'Lo b'Fanav"; see Background to Gitin 11:17.)

2.The person giving the object must also be interested in having the Shali'ach transfer ownership of the object immediately. This condition is fulfilled when the original owner of the object clearly expresses his intent for the recipient to immediately acquire the object, for example by saying, "Acquire (Zechi) this object for so-and-so."

(c)The Gemara discusses whether various expressions fulfill the second condition listed above. Some say that when the owner says, "Give (Ten) this object to so-and-so," he means that he wants the Shali'ach to acquire it for the recipient immediately. This is known as "Ten k'Zechi." Some say that even when the owner says, "Take (Holech) this object to so-and-so," he means that he wants the Shali'ach to acquire it for the recipient immediately. This is known as "Holech k'Zechi."

(d)The Rishonim explain that even those who maintain "Ten k'Zechi" and "Holech k'Zechi" only do so under limited circumstances. For instance, "Ten" will be like "Zechi" only if the giver of the object hands it over to the Shali'ach at the time that he says to the Shali'ach, "Give (Ten) this to so-and-so." In addition, "Ten k'Zechi" might be limited to an object (or money) that the giver is obligated to deliver to the recipient, but not to a gift. (See TOSFOS Gitin 11b DH Kol ha'Omer, Bava Basra 85a DH Hachi Garsinan.)

18)[line 42]כפרןKAFRAN- denier, liar

19)[line 43]אשרתא דסרבליASHARTA D'SARBELEI- money outstanding [in the hands of the businessmen of Mechoza] for goods sold [to them by Rav Sheshes] (apparently they had reneged on the sale and he wanted his merchandise back)

20)[line 43]במחוזאMECHOZA- Mechoza, a large Jewish trading town on the Tigris River

21)[line 44]בהדי דאתיתBA'HADEI D'ASIS- when you come

22)[line 45]אייתינהו ניהליAISINHU NIHALI- bring them to me

23)[line 46]ניקני מינךNIKNI MINACH- we want you to make a Kinyan Sudar so that you will be responsible for any losses that occur on the way

24)[line 46]לסוף אישתמיט להוL'SOF ISHTAMIT LEHU- in the end he managed to get away from them without making the Kinyan Sudar

25)[line 48]שפיר עבדת דלא שוית נפשך עבד לוה לאיש מלוהSHAPIR AVDAS D'LO SHAVIS NAFSHECH EVED LOVEH L'ISH MALVEH- you did well in that you did not make yourself "a borrower [who] is a servant to the lender" (Mishlei 22:7)

26)[line 49]שפיר עבדת עבד לוה לאיש מלוהSHAPIR AVDAS; EVED LOVEH L'ISH MALVEH- you did well [in not taking upon yourself the responsibility for any losses; those businessmen are the ones who should take all of the responsibility upon themselves, since] "a borrower is a servant to the lender" (Mishlei 22:7)

27)[last line]איספקא דכספאISPEKA D'CHASPA- a silver decanter for wine


28)[line 7]טב רמו ליה!TAV RAMU LEI!- Beat him a lot!; alt. These beatings are fit for him!

29)[line 8]לא מיסתייה דלא סייעןLO MISTAEYEI D'LO SIYE'AN- it is not enough that he did no help me

30)[line 10]הן אמהHEN AMAH- (a) they are [tall, such that one would specify their height using the] Amah [measurement] (RASHI); (b) they are only one Amah tall (MAHARSHA)

31)[line 10]וכובען אמהV'KOVA'AN AMAH- (a) and [even] their attire (lit. hats) [is more frightful than that of ordinary people] (lit. [such that one would specify its height using the] Amah [measurement]) (RASHI); (b) their hats are one Amah tall (MAHARSHA)

32)[line 11]ומדברין מחצייהןU'MEDABRIN ME'CHETZYEIHEN- (a) and their voices are so deep that it seems like their words emanate from their navels (RASHI); (b) since their mouths are approximately halfway between the bottoms of their feet and the tops of their hats, they literally talk from their midpoint (MAHARSHA)

33)[line 11]ושמותיהן מבוהליןV'SHEMOSEIHEN MEVOHALIN- and their names are frightening (e.g. the Persian words Arda and Arta have the connotation of awe and fear and are found in the names of many of their kings: Ardevan, Artevan, Ardeshir, Artachshast)

34)[line 12]אומרין כפותו כופתיןOMRIN KEFUSU, KOFSIN- they say, "bind a person" and their servants bind him

35)[line 14]מי נתן לינאי אבא בר כמותי?MI NASAN L'YANEI ABA BAR KEMOSI?- Who would give my father Yanai a son like me?

36a)[line 16]סוסיםSUSIM- horses

b)[line 16]ופרדיםPERADIM- mules

37)[line 23]בשכיבמרעS HECHIV MERA

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 (see Background to Gitin 13:7), 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.

38)[line 33]מצוה לקיים דברי המתMITZVAH L'KAYEM DIVREI HA'MES

There is a Mitzvah mid'Rabanan to carry out the monetary requests of a person who has died (with regard to his own money). This applies whether the person was healthy or on his deathbed when he dictated these orders (RAMBAM Hilchos Zechiyah u'Matanah 4:5).

39)[line 34]כל מה שירצה שליח יעשהKOL MAH SHE'YIRTZEH SHALI'ACH YA'ASEH- the agent is free to do whatever he wishes

40)[line 43]שודא עדיףSHUDA ADIF- the estimate of the Shali'ach as to who should get the money is preferable [to dividing it in a case where there is a doubt]

41)[line 45]המחלק נכסיו על פיוHA'MECHALEK NECHASAV AL PIV- a person [on his deathbed] who is allocating his possessions verbally

42)[line 46]נכסים שיש להן אחריותNECHASIM SHE'YESH LAHEM ACHRAYUS- immobile property

43)[line 47]ובחזקהCHAZAKAH

(a)When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used are: for Metaltelin (mobile goods) - 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain; for Mekarka'in (immobile goods) - Chazakah, i.e. performing an act that is normally performed by an owner.

(b)Examples of Chazakah are Na'al (locking), Gadar (fencing in), and Paratz (making a breach in a fence to create an entrance) or any act that is done to enhance the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).

44)[line 47]ושאין להן אחריותV'SHE'EIN LAHEN ACHRAYUS- and mobile property

45)[line 47]במשיכהMESHICHAH (KINYAN MESHICHAH) - if one moved produce with the intent of buying it

See above, entry #43a.

46)[last line]נקנין באמירהNIKNIN B'AMIRAH- are acquired [by the recipient] through [the] speech [of the Shechiv Mera]

47)[last line]באמן של בני רוכלB'IMAN SHEL BNEI ROCHEL- "the mother of the sons of the peddler," a reprehensible family of wicked people who lived at the time of Chazal