GITIN 77 - Dedicated by Rabbi Mordecai and Ayeleth Kornfeld in honor of the birth of their daughter Shirah on Sunday 21 Elul 5768. May Hashem grant them that they may raise their new daughter, along with all their other children, l'Torah l'Chupah ul'Ma'asim Tovim!

[77a - 48 lines; 77b - 51 lines]

1)[line 1]לכי נפקאL'CHI NAFKA- when it comes out

2)[line 4]כל האומר על מנת כאומר מעכשיו דמיKOL HA'OMER AL MENAS K'OMER ME'ACHSHAV DAMI - When One Says, "On Condition," it is as if He Says, "From Now"

(a)Much of the time, a Chalos (legally binding effect) or Kinyan (act of acquisition or an act that results in a change in status) may be made Al Tenai (conditionally).

(b)There are two general types of Tenai. One specifies that the desired effect take place only at the time that the condition is fulfilled. This is assumed when one simply states that the Chalos will take place "Im..." ("if..."). The other allows the effect to take place retroactively when the condition is later fulfilled. This is assumed when one adds the clause "me'Achshav" ("from now"). If one used the formulation "Al Menas" ("on condition"), then Rebbi maintains that he intends for the Chalos to take effect retroactively upon the fulfillment of the condition.

3)[line 5]אם תצאIM TETZEI- [a case in which one said,] "If [the sun] comes out [this Get that I am giving you will be effective," which is the equivalent of "If I die, then this Get that I am giving you will be effective"]

4)[line 8]"אם מתי" גרידא"IM MATI" GEREIDA- [a case in which one said,] "If I die [then this Get that I am giving you will be effective]" alone (i.e., without specifying that it should take effect retroactively)

5)[line 11]כתב גט על תנאי כשרKASAV GET AL TENAI, KASHER- if one gives [his wife] a conditional Get, it is valid [even if the condition is not fulfilled]

6)[line 16]לאחר שבוע, שנהL'ACHAR SHAVU'A, SHANAH- [if one says, "This Get that I am giving you will be effective if I do not return] until after the current seven-year Shemitah cycle," [then we wait for] a year [after the cycle is completed before the Get takes effect]

7)[line 18]שבתSHABBOS- a week

8)[line 18]לאחר שבתL'ACHAR SHABBOS- after [the day of] Shabbos

9a)[line 20]חד בשבא ותרי ותלתא, בתר שבתאCHAD B'SHABA U'TREI U'TELASA, BASAR SHABATA- Sunday, Monday, and Tuesday [are considered to be] "after Shabbos"

b)[line 21]ארבעה וחמשא ומעלי שבתא, קמי שבתאARBA'AH VA'CHAMISHA U'MA'ALEI SHABATA, KAMEI SHABATA- Wednesday, Thursday, and Friday [are considered to be] "before Shabbos"

10)[line 22]הרגלHA'REGEL- the [nearest] festival [of either Pesach, Shavu'os, or Sukos]

11)[line 24]נפקNAFAK- he went out

12)[line 24]דרשה משמיה דרבי, וקלסוהDARSHAH MI'SHEMEI D'REBBI, V'KALSUHA- he taught [the ruling of the previous Beraisa] in the name of Rebbi, and [the Chachamim] praised [that which he taught it in the name of an individual, implying that the Chachamim did not agree]


13)[line 28]הרי זו מגורשתHAREI ZU MEGURESHES- she is divorced [since the Get has entered her Chatzer (domain)]

14)[line 30]לתוך חיקהL'SOCH CHEIKAH- a) into her lap or bosom; b) onto her clothing (see TOSFOS to 78a DH Makom)

15)[line 30]קלתהKALASAH- her basket within which she keeps sewing tools

16)[line 31]מנא הני מילי?MENA HANEI MILEI?- what is the source of [that which one's Chatzer is able to acquire objects for them]?

17)[line 32]"[... וְכָתַב לָהּ סֵפֶר כְּרִיתֻת] וְנָתַן בְּיָדָהּ...""[V'CHASAV LAH SEFER KERISUS] V'NASAN B'YADAH..."- "[... and he shall write for her a document of severance] and place it in her hand..." (Devarim 24:1).

18a)[line 32]גגהGAGAH- her roof

b)[line 32]חצרהCHATZEIRAH- her courtyard

c)[line 33]קרפיפהKARPIFAH- her enclosed storage area located outside of the settlement

19)[line 33]"ונתן" מכל מקום"V'NASAN" MI'KOL MAKOM- a) "and [he shall] place it [in her hand" instead of writing "and in her hand he shall place it," which implies that the Get is valid] wherever he places it (RASHI); b) "and [he shall] place it [in her hand" twice (Devarim 24:1, 3), which implies that the Get is valid] wherever he places it (TOSFOS RID)

20)[line 34]"[אִם] הִמָּצֵא תִמָּצֵא [בְ]יָדוֹ [הַגְּנֵבָה...]""[IM] HIMATZEI SIMATZEI [B']YADO [HA'GENEIVAH...]"- "[If the stolen object] shall be found [in] his hand ... [he shall pay...]" (Shemos 22:3).

21)[line 37]ליתיה בעל כורחיהLEISEI BA'AL KORCHEI- he is not [obligated to pay if a stolen object was given to him] against his will

22)[line 38]קנסיה רחמנאKANSEI RACHMANA- the Torah has fined him [for the sin of stealing]

23)[line 39]חצרה? מה שקנתה אשה קנה בעלה!CHATZEIRAH? MAH SHE'KANSAH ISHAH, KANAH BA'ALAH! - whatever a [married] woman acquires, her husband has acquired (one of the stipulations built into a Kesuvah) (TENA'EI KESUVAH: PEIROS)

(a)Every man holds certain obligations toward his wife, some of which he is obligated in mid'Oraisa, and some mid'Rabanan. Some of these conditions of marriage are written into every Kesuvah (Jewish marriage contract; (see Background to 79:41), and they are all enforced by Beis Din. His Torah obligations include:

1.One must provide his wife with marital relations (Shemos 21:10).

2.One must provide her with clothing.

3.One must provide her with sustenance (Mezonos). Some opinions maintain that these last two obligations are mid'Rabanan in nature.

(b)Those stipulations of marriage that are Rabbinic in nature include:

1.One must provide his wife with any medical care that she requires for as long as they are married.

2.One must redeem his wife should she be taken captive. If he is a non-Kohen, he must take her back into his house; if he is a Kohen and cannot remain married to her, then he must redeem her and then divorce her so that she may remarry. He may not divorce her when she is in captivity and then claim that she can redeem herself with the money she has now gained through the Kesuvah. In exchange for this benefit, Chazal instituted that a husband may reap the profits of possessions belonging to his wife (Nichsei Milug; see below, entry #44) for as long as they are married. Neither may forego their right in exchange for giving up their responsibility in this regard (Kesuvos 47b).

3.One is obligated to pay for the burial expenses of his wife. In exchange for this benefit, Chazal instituted that he inherits the dowry that she brought into the marriage (Kesuvos 47b).

4.If one dies before his wife, then his wife may continue to live in his house and is provided for by his estate until she decides to remarry. This is termed "Mezon ha'Ishah." (This Tenai was not in effect in all sectors of Eretz Yisrael. It applied in Yerushalayim and the Galil, but in Yehudah the heirs reserved the right to give her the value of her Kesuvah and require her to move out of their father's home.) (Mishnayos Kesuvos 4:7-12)

5.After one's death, his daughters may continue to live in his house and are provided for by his estate, until they marry. This is termed "Mezon ha'Banos."

6.If one's wife dies before her husband, then her sons inherit the full value of her Kesuvah exclusively when her husband dies. This is aside from that which they split the remainder of their father's estate with any half-brothers born to their fathers other wives. This is termed "Kesuvas Benin Dichrin."

(c)One is obligated to fulfill these conditions even if he omitted them from his wife's Kesuvah or did not give her a Kesuvah to begin with.

(d)Our Gemara refers to that which a husband has the right to utilize all of his wife's possession after their marriage (see above, (b:2)). Since this is true, although she may own the courtyard itself, he retains the ability to acquire Metaltelin through it (see below, entry #42).

24)[line 40]דין ודברים אין לי בנכסיךDIN U'DEVARIM EIN LI B'NICHSAYICH- I have neither claim nor complaint [in Beis din] upon your property (see TOSFOS YOM TOV to Kesuvos 9:1 DH Din]

25)[line 43]עסקESEK- dealings

26)[line 43]מסולקתMESULEKES- drawn away

27)[line 45]ועודה ארוסהV'ODAH ARUSAH - when she was still betrothed (ERUSIN)

(a)The first stage of Halachic marriage is called Kidushin (betrothal). Kidushin can be accomplished in one of three ways:

1.Kesef - A man can be Mekadesh a woman through giving her money or anything equal in value to a Perutah (a very small coin). Upon doing so, he must proclaim, "Harei At Mekudeshes Li b'(-----) Zo" — "Behold you are betrothed to me through this (-----)."

2.Shtar - A man can be Mekadesh a woman through giving her a marriage document. This may be written upon any surface, and need not be of any specific value. The words "Harei At Mekudeshes Li bi'Shtar Zeh" must be written upon the Shtar.

3.Bi'ah - A man can be Mekadesh a woman through having relations with her. At that time, he must proclaim, "Harei At Mekudeshes Li b'Bi'ah Zo." Because Kidushin requires witnesses, the Chachamim strongly condemned anyone who uses this method of Kidushin.

(b)The Torah refers to this stage of marriage as "Erusin" (Devarim 22:23). The term "Kidushin" is used by the Rabanan in order to connote that just as everyone is prohibited to benefit from Hekdesh (an object sanctified to the service of HaSh-m), through Kidushin a woman becomes prohibited to everyone in the world save her husband (Kidushin 2b; see also Tosfos 7a DH v'Nifshetu). Although a man and women are married after Kidushin, they may not yet live together as man and wife.

(c)The second stage of Halachic marriage — the completion of the marriage — is termed Nisu'in. This is accomplished through Chupah. Chupah is never clearly described in the Gemara, and various opinion are offered by the Rishonim as to what exactly it entails (see Insights to Kesuvos 57:1). The general idea behind Chupah is that the groom brings his wife into his house. After the Chupah is performed, the marriage is complete.

(d)Our Gemara explains that the case of our Mishnah is one in which her husband signed away his rights to her property when she was still betrothed and before they were fully married. Since the Chachamim granted him her property in return for supporting her, he does not own it until the marriage, when his obligation to support her begins.

28a)[line 46]נחלה הבאה לו לאדם ממקום אחרNACHALAH HA'BA'AH L'ADAM MI'MAKOM ACHER- that which a person inherits from a source other than through the Torah-mandated laws of inheritance from one's family (such as our case, in which he receives the property of his wife as a result of a Rabbinic decree)

b)[line 47]אדם מתנה עליה שלא ירשנהADAM MASNEH ALEHA SHE'LO YIRASHENAH- one's [verbal] stipulation [is enough] that he will not inherit it


29)[line 1]אי אפשיIY EFSHI- I do not wish

30)[line 4]איני ניזונית ואיני עושהEINI NIZONES V'EINI OSAH - I choose to waive [my husband's obligation to provide me with] sustenance, nor will I earn [proceeds for him] (MEZONOS)

(a)A man has certain obligations toward his wife, some of which he is obligated in mid'Oraisa, and some mid'Rabanan. Some of these conditions of marriage are written into every Kesuvah (Jewish marriage contract; see Background to 79:41), and they are all enforced by Beis Din. His Torah obligations include:

1.One must provide his wife with marital relations (Shemos 21:10).

2.One must provide her with clothing.

3.One must provide her with sustenance (Mezonos).

(b)Some opinions maintain that these last two obligations are mid'Rabanan in nature (see Kesuvos 47b and RAMBAN ibid.). According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a reciprocal institution as well. In return for that which one must support his wife, all money that she earns or possessions that she acquires belong to her husband.

(c)The Amora'im differ over whether the primary object of this joint decree was to benefit the husband or to benefit the wife (Kesuvos 58b). Rav maintains that the latter is true. Therefore, since the wife is the main beneficiary, it is her prerogative to forgo her rights to Mezonos and in turn retain that which she acquires. This is referred to as her ability to say, "Eini Nizones v'Eini Osah" - "I will not be supported and I will not produce."

31)[line 4]אטו ידה מי לא קניא ליה לבעל?ATU YADAH MI LO KANYA LEI L'VA'AL?- does her hand not belong to her husband [as well]? (The Gemara explains this statement later.)

32)[line 5]גיטה וידה באין כאחדGITAH VA'CHATZEIRAH BA'IN K'ECHAD - Her Bill of Divorce and her Courtyard Arrive Simultaneously

(a)A Get (bill of divorce) must be given by the husband to his wife (Devarim 24:1). He may, however, place it into her courtyard or other domain that is safe due to that which she sees to its security (see Gemara below). Therefore, even though as a general rule whatever a woman acquires belongs to her husband ("Mah she'Kansah Ishah, Kanah Ba'alah"; see above, entry #28), this will not hold true if he divorces by placing her Get in his own Chatzer and then giving her that Chatzer. Since the result of such a gift would result in her divorce — at which point what she acquires does not belong to her husband — we say that "Gitah va'Chatzeirah Ba'in k'Echad" (her Get and her courtyard arrive simultaneously). As such, she will acquire both the courtyard, and — through it — the Get.

33)[line 8]מעשה ידיהL'MA'ASEI YADEHA- regarding [that which he is able to keep] that which she earns

34)[line 8]ידה גופה מי קני ליה?YADAH GUFAH MI KANI LEI?- does he own her hand itself [as one owns the hand of a slave, such that she is unable to acquire anything for herself]?

35)[line 10]בשטר על ידי עצמוBI'SHTAR AL YEDEI ATZMO (SHICHRUR EVED KENA'ANI)

(a)A Nochri slave (Eved Kena'ani) or maidservant (Shifchah Kena'anis) may attain their freedom in one of two ways:

1.The transferal of money equal to their value to their master for the purpose of releasing them from their bondage,

2.The granting of a Get Shichrur (bill of release) from their master. A slave who was not released in one of these two ways retains his Halachic status of "Eved," which restricts whom he may marry and which Mitzvos he is obligated in.

(b)Rebbi Meir maintains that others must be those who give the money to the master in order to effect the first type of release, whereas the slave himself must accept the Get Shichrur. The Chachamim rule that the opposite is true — it is the Get Shichrur that must be accepted by others on behalf of the slave, whereas even the slave himself may give money equal to his value (that was donated by another) (Mishnah, Kidushin 22b). Our Gemara refers to the opinion of Rebbi Meir.

36)[line 12]שכיב מרעSHECHIV MERA- one who was deathly ill [who was afraid that his wife would fall to Yibum (see Background to 74:19) if she was not divorced]

37)[line 13]דביתהוDEBIS'HU- his wife

38)[line 13]בהדי פניא דמעלי שבתאBA'HADEI PANYA D'MA'ALEI SHABATA- toward evening on Erev Shabbos

39)[line 14]תקף ליה עלמאTAKAF LEI ALMA- he felt near death

40)[line 16]ליקניה ניהלה לההוא דוכתא דיתיב ביה גיטאLIKNEI NIHALAH LEHA'HU DUCHTA D'YASIV BEI GITA - let him transfer to her the location where the Get is lying (mobile objects may be acquired along with immobile objects through payment of money, transferal of a document, or Chazakah) (NECHASIM SHE'EIN LAHEM ACHRAYUS NIKNIN IM NECHASIM SHE'YESH LAHEM ACHRAYUS B'CHESEF UV'SHTAR UV'CHAZAKAH)

(a)When one purchases Nechasim she'Yesh Lahem Achrayus (immobile objects, such as land) and Nechasim she'Ein Lahem Achrayus (mobile goods, or Metaltelim) at the same time, he need not perform a Ma'aseh Kinyan (an action that effects the transfer of an object into one's possession) upon the Metaltelim. This is because the Kinyan performed upon the land is effective to purchase the Metaltelim along with it. Kinyanim that effect the purchase of land include Kesef (the payment of money), Shtar (transferal of a contract) or Chazakah (any action normally performed by the owner of a field; see below, entry #40) (Kidushin 26a).

(b)In this context, "Achrayus" (lit. "responsibility" or "insurance") refers to that which one is more willing to loan money to he who owns land than one who merely own Metaltelim. This is because land has more permanence and is therefore easier to extract payment from should the creditor default on his loan (RASHI ibid.).

(c)Rava recommended that he who was close to death on Shabbos give his wife the part of his house upon which the Get lay. This would allow her to acquire the Get along with the land. He could not give her the Get directly since it was Muktzah (see Background to 60:10).

41)[line 17]תיזל איהי ותיחוד ותפתח ותחזיק ביהTEICHOD V'SIFTACH V'SACHAZIK BEI- she should close [and lock the door] and [then unlock and] open [it] and [thereby] acquire it with a Kinyan Chazakah (see next entry)

42)[line 18]נעל גדר פרץ כל שהוא הרי זו חזקהNA'AL GADAR PARATZ KOL SHE'HU HAREI ZU CHAZAKAH - acts that effect an acquisition through a show of ownership (KINYAN CHAZAKAH)

(a)In order to purchase land, one must make a Ma'aseh Kinyan (an action that effects the transfer of an object into one's possession). One way of doing so is to perform a Kinyan Chazakah.

(b)An act of Chazakah is any action normally performed by the owner of a field. Examples include: Na'al (locking the door or gate into the property), Gadar (fencing in), Paratz (breaching a fence to create an entrance), and any act done to enhance the value of the land, such as digging in a way that improves it (MISHNAH Bava Basra 42a).

43)[line 20]איכסיףICHSIF- [Rava] was embarrassed

44)[line 21]אם אמרו בנשואה, יאמרו בארוסה?IM AMRU B'NESU'AH, YOMRU B'ARUSAH?- if they said about a fully married woman [that her husband owns what she acquires], did they say it about [the husband of] a woman who is betrothed?

45)[line 24]והא אמרה רבא מעיקרא!V'HA AMRAT RAVA ME'IKARA!- but Rava had already expressed [the novel concept of "Gitah va'Chatzeirah Ba'in k'Echad," as we mentioned earlier]!

46)[line 26]והואV'HU- and that [which she is divorced when her Get is thrown into her house or courtyard]

47a)[line 28]טבריאTEVERYA- Tiberias, a city built approximately fifty years before the destruction of the Beis ha'Mikdash by Herod Antipas (son of King Herod) in honor of the emperor Tiberias Julius Ceasar Augustus (Bereishis Rabah 23:1). It was called "Teveryah" by the Jews since it lies in the center of the country ("Tibur" means navel), as well as due to that which it was a sight to behold ("Tovah Re'iyasah") (Megilah 6b). It was built on the cemetery of Chamesan (Shabbos 33b-34a); others maintain that it was built on the remains of an ancient walled city.

b)[line 28]ציפוריTZIPORI- a city in the lower Galilee, approximately midway between Tiberias and Haifa

48)[line 31]חצר משתמרת לדעתה היאCHATZER MISHTAMERES L'DAITAH HI- it is a courtyard (or any other domain) that is safe due to that which she sees to its security

49a)[line 33]מר סבר חצר משום ידה אתרבאיMAR SAVAR CHATZER MISHUM "YADAH" ISRABA'I- [Ula] maintains that the Kinyan of Chatzer is derived from [the word] "her hand" (Devarim 24:1) [which implies that an object placed into one's domain may be used to acquire an object]

b)[line 34]ומר סבר חצר משום שליחות אתרבאיU'MAR SAVAR CHATZER MISHUM SHELICHUS ISRABA'I

(a)A Get (bill of divorce) must be given by the husband to his wife (Devarim 24:1). He may, however, send it to her through a Shali'ach l'Holachah (his agent appointed to give her the Get) or give it to her Shali'ach l'Kabalah (her agent appointed to receive her Get) (21a; see Background to 21:11).

(b)Our Gemara suggests that Rebbi Oshaya understands that the Kinyan of Chatzer is derived from the Halachah that a woman may appoint a Shali'ach l'Kabalah. Since her domain acts as her agent, it can do so even from a distance.

50)[line 36]סמוכהSEMUCHAH- in close proximity

51)[line 37]אי מה ידה בדבוקה, אף חצרה בדבוקה?IY MAH YADAH BI'DEVUKAH, AF CHATZERAH BI'DEVUKAH?- if [one were to compare her courtyard to her hand so literally, would one go so far as to say] just as her hand is attached [to her], so [too] her courtyard [must] be attached [to her]?

52)[line 41]הוה קיימא בחצרHAVAH KAIMA B'CHATZER- She was standing in the courtyard

53)[line 42]פיסלאPISLA- a large block of wood [that was standing in the courtyard]

54)[line 42]חזינןCHAZINAN- we see; i.e., it depends

55a)[line 43]פלג ליה רשותא לנפשיהPALAG LEI RESHUSA L'NAFSHEI- it has the status of a separate domain

b)[line 44]חדא רשותא היאCHADA RESHUSA HI- it is [part of] the same domain [as the courtyard]

56a)[line 45]כי הוי ד' אמות, מאי הוי?KI HAVAH ARBA AMOS, MAI HAVEI?- [even] if [the block of wood] is four square Amos, what of it? [Either way, it belongs to her!]

b)[line 45]כי לא הוי ארבע אמות, מאי הוי?KI LO HAVAH ARBA AMOS, MAI HAVEI?- [even] if [the block of wood] is not four square Amos, what of it? [Although the Get remains in the same courtyard, the courtyard belongs to him!]

57)[line 47]אושלה מקוםOSHLAH MAKOM- he loaned her a place [in his courtyard (namely, where the Get will land)]

58)[line 49]לא אמרןLO AMARAN- we did not say [that if the block of wood was less then four square Amos then she is divorced]

59)[line 50]עשרהASARAH- ten [Tefachim]