12th CYCLE DEDICATION
GITIN 83 - Ari Kornfeld has generously sponsored the Dafyomi publications for thIs Daf for the benefit of Klal Yisrael.

[83a - 51 lines; 83b - 48 lines]

1)[line 1]לראובןLI'REUVEN- [if, after telling her that the Get that he is about to give her is to the exclusion of Reuven and Shimon but before he actually gives it to her, he says, "You may marry] Reuven"

2a)[line 3]פתח ביהPASACH BEI- he began by [mentioning] him

b)[line 6]סליק מיניהSALIK MINEI- he left off from [mentioning] him

3a)[line 7]"אף" אראובן קאי"AF" A'REUVEN KA'I?- is [the word] "even" referring to Reuven?

b)[line 8]"אף" אעלמא קאי"AF" A'ALMA KA'I?- is [the word] "even" referring to everyone else?

4)[line 8]תיקוTEIKU - An Unanswered Question

(a)The Gemara often leaves a question unanswered with the word "Teiku." The PRI MEGADIM (Igeres preceding his introduction to Orach Chaim, #9) cites three explanations for this term:

1.[this question shall remain] sealed in its container (ARUCH, Erech Tik)

2.let [the question] stand ("Tehei Ka'I"; MUSAF HA'ARUCH)

3.Tishbi Yetaretz Kushyos v'Ibayos - Eliyahu ha'Navi will answer difficulties and questions (TOSFOS YOM TOV, end of Eduyos)

5)[line 10]להשיב על דבריוL'HASHIV AL DEVARAV- to ask questions on his rulings

6)[line 11]נענהNA'ANEH- raised his voice [to speak]

7)[line 12]זוZO- this woman [who was divorced with the exception of Peloni]

8)[line 13]לא נמצא זה עוקר דבר מן התורה?LO NIMTZA ZEH OKER DAVAR MIN HA'TORAH?- has it not transpired that [her original husband] has uprooted that which is written in the Torah (namely, the Mitzvah of Yibum)?

9)[line 14]הא למדת שאין זה כריתותHA LAMADTA SHE'EIN ZEH KERISUS- from this you can see that this is not [the] divorce [referred to in the Torah]

10)[line 15]היכןHEICHAN- where

11)[line 19]דבר הכורתDAVAR HA'KORES- that which completely severs [the relationship]

12)[line 21]אחד מן השוקECHAD MIN HA'SHUK- someone from the marketplace; i.e., anybody

13)[line 22]נתארמלהNIS'ARMELAH- if she was widowed

14)[line 22]עמדה ונישאתAMDAH V'NIS'ES- a) she went and got married ; b) according to the Girsa AVRAH V'NIS'ES - she transgressed [the condition upon which her original Get was given] and got married

15)[line 23]לא נמצא גט בטל ובניה ממזרים?LO NIMTZA GET BATEL U'VANEHA MAMZERIM?- has it not transpired that her [original] Get is [retroactively] nullified and her children [from her second marriage] are illegitimate (see Background to 81:56)?

16)[line 25]אלמנה אצלוALMANAH ETZLO- she is a widow as far as he is concerned [since she was never divorced to the point where she could marry him]

17a)[line 26]היא קלהHI KALAH- the prohibition forbidding her [from marrying a Kohen] is [relatively] lenient [since it is a standard negative prohibition punishable by lashes (a Lav)]

b)[line 26]אסורה בשביל צד גירושין שבהASURAH BISHVIL TZAD GERUSHIN SHE'BAH- she is forbidden [from marrying he to whom she was forbidden until now] due to that which she is divorced from everyone else [since even a divorce that allows her to marry no one forbids her to Kohanim (82b)]

18a)[line 26]היא חמורהHI CHAMURAH- the prohibition forbidding her [from marrying another] is stringent [since one who transgresses it receives Kares (see Background to 55:42)]

b)[line 27]לא כ"ש?LO KOL SHE'KEN?- is it not all the more so [apparent that she should be forbidden to those whom her husband attempted to permit her since she is a married woman in relation to another]?

19)[line 27]אין משיבין את הארי לאחר מיתהEIN MESHIVIN ES HA'ARI L'ACHAR MISAH- we do not question the lion after his death; i.e., it is improper to challenge Rebbi Eliezer's ruling when he is not able to defend his position

20)[line 28]כולהו אית להו פירכאKULHU IS LEHU PIRCHA- I have an answer to all of these questions (which the Gemara will soon elaborate on)

21)[line 32]עוקר?! איהו עקר?OKER?! IHU AKAR?- he has uprooted?! Has he [directly] uprooted [the Mitzvah of Yibum]? [Rather, his stipulation caused it to become uprooted in a roundabout fashion!]

22)[line 32]מתנה לעקורMASNEH LA'AKOR- he has stipulated to uproot

23)[line 32]מתנה?! מי קאמר לה לא סגי לה דלא מינסבא ליה לאחוה דההוא גברא?MASNEH?! MI KA'AMAR LAH LO SAGI LAH D'LO MINSEVA LEI L'ACHVAH DEHA'HU GAVRA?- he has stipulated [to uproot]?! Did he tell that she must (lit. it is not enough if she does not) marry the brother of he [whom he forbade her to marry]?

24)[line 34]בת אחיו לא ישאBAS ACHIV LO YISA- he should be forbidden to marry his brother's daughter

25)[line 34]גורם לעקור דבר מן התורהGOREM LA'AKOR DAVAR MIN HA'TORAH- he has caused the uprooting of that which is written in the Torah [since one is exempt from performing Yibum or Chalitzah with a relative with whom relations are forbidden (see beginning of Maseches Yevamos)]

26)[line 35]במאי?B'MAI?- in what case [does Rebbi Tarfon understand that Rebbi Eliezer and the Chachamim disagree]?

27)[line 35]משרא שרא ר"אMISHRA SHARA REBBI ELIEZER- Rebbi Eliezer permits [her to marry he whom her original husband left out of the Get after she entered and then left a subsequent marriage]

28)[line 38]בעל מנתB'AL MENAS- [Rebbi Tarfon understands that they disagree in a case] in which he stipulated [that her Get was given on condition that she not marry a certain individual, in which case the Get is retroactively invalid if she breaks the condition at any point]

29)[line 39]תרומהTERUMAH- Terumah (see Background to 81:27) [which is permitted to Kohanim and not to non-Kohanim]

30)[line 39]קדשיםKODSHIM (KODSHIM KALIM / KODSHEI KODASHIM)

(a)The category of Kodshim Kalim - "light" Korbanos - includes Korbenos Shelamim, Todah, Ma'asar Behemah, Pesach, and Bechor. These may be slaughtered anywhere in the Azarah, and may afterwards be eaten anywhere in Yerushalayim by any member of Klal Yisrael - both men and women - as long as they are Tahor.

(b)The category of Kodshei Kodashim - especially consecrated Korbanos - includes Korbenos Olah, Chatas, Asham, and Menachos. These may be slaughtered (when applicable) only in the northern part of the Azarah. Those parts of these Korbanos which are eaten may be consumed only in the Azarah, and only by Kohanim.

(c)Our Gemara points out that Kodshei Kodashim are an example of that which is permitted to one group of people and yet not to others.

31)[line 40]עריותARAYOS- those with whom one is forbidden to have relations (as specified in Vayikra 18:6-18) [most of which are dependent upon subjective familial relationships]

32)[line 40]באישותB'ISHUS- [relationships forbidden] through marriage

33)[line 41]אשת אישESHES ISH- a married woman [who becomes permitted to her husband and forbidden to everyone else through marriage]

34)[line 41]הרי הותרה אצלו בזנותHAREI HUTRAH ETZLO B'ZNUS- she is permitted to have an extramarital affair with him; i.e., the stipulation of her original husband does not prohibit this relationship any more than any other one of a similar nature. Since there is a way for her to have a relationship with him without invalidating the Get, she can be considered "permitted to everyone."

35)[line 44]לא תנסיבLO TINASIV- she should be prohibited from getting married

83b----------------------------------------83b

36)[line 1]הרי גרושה אצלו בזנותHAREI GERUSHAH ETZLO B'ZNUS- she is divorced as far as he was concerned regarding an extramarital affair; i.e., although a married woman may not have relations of any kind with one other than her husband, this woman is prohibited by her original husband's stipulation only from marrying he whom he forbade her to. Since her status changed regarding him when her husband died, she has the status of a divorcee in relation to him as well.

37)[line 2]לותיב חוץLOSIV CHUTZ- let him ask [the second question, which assumes that the exclusion was in the form of] "except for"

38)[line 5]מאי פירכא?MAI PIRCHA?- what is the answer [to Rebbi Akiva's second question]?

39)[line 6]איסור כהונה שאניISUR KEHUNAH SHANI- prohibitions applicable to Kohanim are different [since many things that are permitted to the rest of Klal Yisrael are forbidden to them, and therefore that which such a woman is forbidden to Kohanim when she is divorced from some does not prove that she is forbidden to non-Kohanim when she is married regarding some]

40)[line 7]מאיסור כהונה קא מייתי ליה!ME'ISUR KEHUNAH KA MAISI LAH!- brought [proof for his ruling] from a prohibition applicable only to Kohanim (namely, the verse prohibiting a Kohen from marrying a woman divorced only from her husband; see Background to 82:21)!

41)[line 7]כרבי ינאי משום זקן אחד קא מתניK'REBBI YANAI MISHUM ZAKEN ECHAD KA MASNEI- learned like Rebbi Yanai in the name of a certain elder [in that the source for the ruling of Rebbi Eliezer was the verse applicable to all Jews (see Background to 82:19)]

42)[line 10]הא איהו נמי מיפרך קפריך!HA IHU NAMI MIFRICH KA'PARICH!- he himself asked a question [on this ruling of Rebbi Eliezer] (which the Gemara soon quotes)!

43)[line 14]מקיש קודמי הויה שניה לקודמי הויה ראשונהMAKISH KODMEI HAVAYAH SHENIYAH L'KODMEI HAVAYAH RISHONAH- we compare (though a Hekesh; see Background to 82:25) [her status as a single woman after her divorce from her original husband and] before her second marriage with [her status as a single woman] before her first marriage [to her original husband, since they are mentioned together in one verse (see Background to 82:19)]

44)[line 16]אגידאAGIDA- attached [through marriage]

45)[line 24]יבם מתירYAVAM MATIR- her brother-in-law permits [her to marry anyone whom she pleases through Chalitzah (see Background to 82:29)]

46)[line 25]הא שריא וקיימאHA SHARYA V'KAIMA- she is already permitted [since, as he is dead, his marriage no longer exists to prohibit her from marrying others]

47)[line 26]נדריםNEDARIM- vows

48)[line 26]חכם מתירCHACHAM MATIR - a sage may permit the vow (HATARAS NEDARIM)

(a)After one has taken a Neder (vow) or Shevu'ah (oath), pledged to be a Nazir, or designated Chalah (see Background to Beitzah 12:12), Terumah (see Background to Beitzah 12:15), or Hekdesh (that which is sanctified to HaSh-m), he may have his vow revoked. He cannot accomplish this himself; rather, he must appeal to either a Beis Din of three or a Yachid Mumcheh (an outstanding authority).

(b)One of two methods are possible when repealing a Neder. One is that the person who took the vow explains that had he been fully aware of the circumstances at the time that he took the Neder, or had he thought through the ramifications of his Neder, the he would not have taken the Neder in the first place. This is called a Pesach.

(c)Some opinions maintain that even if one expresses Charatah - sincere remorse that he had ever taken the Neder - then Beis Din or the Chacham may revoke the Neder. Charatah requires that he who vowed wishes that he had never taken the Neder to begin with, and not merely that the Neder would not now be in effect (Nedarim 22).

49)[line 27]חרטהCHARATAH- regret [that leads to a Pesach (see previous entry, (b)]

50)[line 28]הפרת הבעלHAFARAS HA'BA'AL - annulment of vows by the husband (HAFARAS NEDARIM)

(a)One is able to annul certain vows made by his wife and daughter (Bamidbar 30:6-14). He does so by stating on the day that he hears of the vow that he does not wish it to remain in effect. The Tana'im disagree whether he has until nightfall of the day upon which he hears of the vow or a full twenty-four hours to annul it (Nedarim 77a).

(b)A father may annul Nedarim made by his daughter as long as she is not yet a Bogeres (the stage of adulthood which begins six months after the confluence of twelve years of age and the emergence of two pubic hairs). Should her father marry her off when she is within this age bracket, then both he and her husband must annul her vows in order to negate them when she is an Arusah (see Background to 81:35). Once she is fully married through Nisu'in, her husband may annul her vows alone.

51)[line 30]על דעת בעלה היא נודרתAL DA'AS BA'ALAH HI NODERES- she [is presumed to have] taken the vow assuming that her husband does not object

52)[line 33]רבנןRABANAN- [those] Rabanan [who asked other questions, implying that they do not agree with the question of Rebbi Elazar ben Azaryah]

53)[line 37]מ"כרת" "כריתות" נפקאMI"KARES" "KERISUS" NAFKA- it is derived from [that which the verse does not simply state] "Kares" [but rather] "Kerisus"

54)[line 41]דלמא מאיתDILMA MA'IS- perhaps he will die [before she does, in which case she is not connected to her former husband for the rest of her life]

55)[line 43]כל ימי חייכיKOL YEMEI CHAYAICHI- [if he tells his wife that she must fulfill a certain condition] "all the days of your life"

56)[line 44]היום אי את אשתי, ולמחר את אשתיHA'YOM IY AT ISHTI, UL'MACHAR AT ISHTI- [if one hands his wife a Get and tells her,] "Today you are not my wife, but tomorrow you are my wife" [in which case he has limited the Get to be effective for only one day]

57)[line 46]למאן דקא שריL'MAN D'KA SHARI- to he whom he has permitted [her]

58)[line 47]פסקהPASKAH- separated

59)[last line]כיון דפסקה, פסקהKEIVAN D'PASKA, PASKA- once he has separated from her, he has separated from her [and she is not married to him subsequently - even after the day passes - unless he remarries her]

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