12th CYCLE DEDICATION
GITIN 61 (10 Elul) - This Daf has been dedicated in memory of Sheina Basha (daughter of Yakov and Dora) Zuckerman, who passed away on 10 Elul, by her children and sons in law.

1)

(a)We learned in our Mishnah that ...

1. ... the Tana Kama considers whatever a 'Chashu' finds Gezel because of Darchei Shalom, whereas according to Rebbi Yossi, it is 'Gezel Gamur'. What are the ramifications of their Machlokes?

2. ... that when a poor man knocks down dates from a date-palm, the same Machlokes is repeated. Under which circumstances would it be Gezel Gamur mi'd'Oraysa?

(b)In the first of the two current cases (besides the fact that in the former he has not transgressed a La'av, whereas in the latter he has) what is the difference between Gezel Gamur mi'Divreihem and Gezel Gamur mi'd'Oraysa?

(c)What did that man from Hutzal point out to Rav Kahana, when the latter began to eat the dates that he had knocked down by throwing sticks at them (see Tosfos D.H. 'Shadi')?

(d)What did Rav Kahana mean when he commented that he must be from the same town as Rebbi Yoshiyah?

(e)Why did he quote the Pasuk in Mishlei "ve'Tzadik Yesod Olam"

1)

(a)We learned in our Mishnah that ...

1. ... the Tana Kama considers what a 'Chashu' finds, Gezel, because of Darchei Shalom, whereas according to Rebbi Yossi, it is 'Gezel Gamur'. The ramifications of their Machlokes are - whether the Chashu can actually claim it back in Beis-Din (Rebbi Yossi) or not (the Tana Kama).

2. ... that when a poor man knocks down dates from a date-palm, the same Machlokes is repeated. It would it be Gezel Gamur mi'd'Oraysa - if he first picked the dates and held them before throwing them down.

(b)In the first of the two current cases (besides the fact that in the former he has not transgressed a La'av, whereas in the latter he has), the difference between Gezel Gamur mi'Divreihem and Gezel Gamur mi'd'Oraysa is - that in the former, he does not become Pasul le'Eidus, whereas in the latter, he does.

(c)That man from Hutzal pointed out to Rav Kahana, when the latter began to eat the dates that he had knocked down by throwing sticks at them - that he had deliberately picked up the dates in his hands first, in which case it was forbidden (mi'd'Oraysa) for anyone else to take them.

(d)When Rav Kahana commented that he must be from the same town as Rebbi Yoshiyah, he meant that this would explain why he was such an expert in Halachah (since it was the way of Rebbi Yoshiyah to teach Halachos publicly) ...

(e)... and, he added, it is about him and the likes of him that the Pasuk writes in Mishlei "ve'Tzadik Yesod Olam".

2)

(a)The Tana of a Beraisa obligates sustaining poor Nochrim alongside poor Jews. In which other way, besides visiting the sick, should one treat Nochrim in the same way as Yisre'eilim?

2)

(a)The Tana of a Beraisa obligates sustaining poor Nochrim alongside poor Jews, visiting their sick and - burying their dead.

3)

(a)Our Mishnah permits a woman to lend her friend who is suspect on Shevi'is a sieve, a hand-mill or an oven. What does 'suspect on Shevi'is' mean?

(b)Why does the Tana then forbid her to sort out the grain or to grind together with her?

(c)Likewise, he permits the wife of a Chaver (who is particular about Tum'ah and Taharah) to lend her friend who is an Am ha'Aretz, a sieve, and even to help her grind and sift. From which point on does he forbid her to help select the grain?

(d)Why did the Chachamim permit as much as they did without decreeing (on lending and assisting) in all cases?

3)

(a)Our Mishnah permits a woman to lend her friend who is suspect on Shevi'is. 'Suspect on Shevi'is' means - to guard Sh'mitah-produce (to prevent others from helping themselves to its fruit) and to retain it after the time of 'Bi'ur' arrives without getting rid of it.

(b)The Tana forbids her however, to sort out the grain or to grind together with her - because one is forbidden to assist people to sin.

(c)Likewise, he permits the wife of a Chaver (who is particular about Tum'ah and Taharah) to lend her friend who is an Am ha'Aretz, a sieve, and even to help her grind and sift.. She is forbidden to help her select however - from the time that water is added to the flour, because from that moment on, it has the Din of dough that is Tevel for Chalah, which pne is not allowed to render Tamei.

(d)The Chachamim permitted as much as they did without decreeing (on lending and assisting) in all cases - only because of Darchei Shalom.

4)

(a)How does Abaye explain the Mishnah, which permits the woman to help her friend grind and sift in the Seifa (in spite of the Chashash Ma'asros), but forbids it in the Reisha (because of the Chashash Sh'mitah)?

(b)Rava disagrees. What does he say about the principle 'Rov Amei ha'Aretz Me'asrin Hein'?

(c)He explains the leniency of the Seifa by establishing 'Am ha'Aretz' like Rebbi Meir. What is an Am ha'Aretz, according to ...

1. ... Rebbi Meir?

2. ... the Rabbanan?

(d)In that case, why is he not concerned about their disregard for Tum'ah before water has been added?

4)

(a)According to Abaye, the Tana permits the woman to help her friend grind and sift in the Seifa (in spite of the Chashash Ma'asros), but not in the Reisha (because of the Chashash Sh'mitah) - due to the fact that, whereas in the Seifa, it is a Chashash d'Oraysa, in the Reisha (based on the principle 'Rov Amei ha'Aretz Me'asrin Hein' [the majority of Amei ha'Aretz do take Ma'asros]) it is only a Chashash de'Rabbanan (at most - see Tosfos DH 'Rava').

(b)Rava disagrees - with the principle 'Rov Amei ha'Aretz Me'asrin Hein'. He maintains that even if it only Mechtzah al Mechtzah (fifty-fity), the Tana is still lenient in the Seifa.

(c)He explains the leniency of the Seifa by establishing 'Am ha'Aretz' like Rebbi Meir. An Am ha'Aretz, according to ...

1. ... Rebbi Meir is - one who is not particular to eat his Chulin be'Taharah.

2. ... the Rabbanan is - one who does not take Ma'asros.

(d)Nevertheless, he is not concerned about their disregard for Tum'ah before water has been added - because eating one's Chulin be'Taharah in Eretz Yisrael is only mi'de'Rabbanan, and Chazal did therefore not decree.

5)

(a)How do we reconcile Rava with the Seifa of the Beraisa 'mi'she'Tatil es ha'Mayim, Lo Tiga Imah', insinuating that the Reisha is not speaking about Tum'ah and Taharah (but about an Am ha'Aretz le'Ma'asros, like the Rabbanan [as Abaye explained])?

(b)From which Pasuk do we know the prohibition of being Metamei Chalah?

5)

(a)We reconcile Rava with the Seifa of the Beraisa 'mi'she'Tatil es ha'Mayim, Lo Tiga Imah', insinuating that the Reisha is not speaking about Tum'ah and Taharah (but about Ma'asros, like the Rabbanan [as Abaye explained]) - by establishing both the Reisha and the Seifa by Tum'ah and Taharah, the Reisha by Tum'as Chulin, the Seifa by Tum'as Chalah (as we explained in the Mishnah), which is d'Oraysa.

(b)We learn the prohibition of being Metamei Chalah from the Pasuk in Korach - "es Mishmeres Terumosai" (in the plural, incorporating Terumah and Chalah).

61b----------------------------------------61b

6)

(a)What distinction does the Tana of the Beraisa draw between grinding one's own wheat and depositing it by someone who is either suspect on Shevi'is or who eats his fruit be'Tuma'h on the one hand, and doing so on the suspect's behalf, on the other

(b)Why is the Tana so lenient in the Reisha?

(c)In view of what we just learned about Tum'as Chulin, how does Abaye explain the Seifa of the Beraisa? Why is the Tana strict there?

(d)If the Tana is speaking about a Kohen, we have a problem with the Reisha, which permits depositing Taharos with him. What does the Tana of a Beraisa say about depositing Terumah with ...

1. ... a Yisrael Am ha'Aretz?

2. ... a Kohen Am ha'Aretz?

6)

(a)The Tana of the Beraisa draws a distinction between grinding one's own wheat and depositing it by someone who is either suspect on Shevi'is or who eats his fruit be'Tuma'h - which he permits, and doing so on the suspect's behalf - which he forbids.

(b)The Tana is lenient in the Reisha - because Amei ha'Aretz are not suspect on exchanging, or even of touching, that what does not belong to them.

(c)In spite of what we just learned about Tum'as Chulin, the Tana is strict in the Seifa, Abaye explains - because he is speaking about a Kohen who is suspect on eating his Terumah be'Tum'ah.

(d)If the Tana is speaking about a Kohen, we have a problem with the Reisha, which permits depositing Taharos with him. The Tana of a Beraisa ...

1. ... permits depositing Terumah with a Yisrael Am ha'Aretz.

2. ... prohibits depositing Terumah with a Kohen Am ha'Aretz, because, due to his superior status, he takes liberties (and is suspect on tampering with something that one deposits with him).

7)

(a)On what grounds do we reject Rebbi Ila'a's answer to the above discrepancy (that the previous Beraisa speaks about an earthenware vessel which is sealed shut [and which the Kohen will then not render Tamei even if he touches it])?

(b)How does Rebbi Yirmiyah establish the first Beraisa, to resolve the discrepancy between the two Beraisos?

(c)In another Beraisa, the Tana permits wheat that one took to a grinder who is a Kuti or an Am ha'Aretz to grind, regarding Ma'asros and Shevi'is. What does he say about Tum'ah?

(d)How do we reconcile the Seifa of this Beraisa with the Beraisa above which is not Choshesh for Tum'ah?

7)

(a)We reject Rebbi Ila'a's answer (that the previous Beraisa speaks about an earthenware vessel which is sealed shut [and which the Kohen will then not render Tamei even if he touches it]) - on the grounds that we should still be afraid that the Am ha'Aretz's wife sat on it whilst she was a Nidah, rendering it Tamei even if it was sealed shut.

(b)To resolve the discrepancy between the two Beraisos, Rebbi Yirmiyah establishes the first Beraisa - by fruit which was not yet Muchshar to receive Tum'ah (through contact with water), which is therefore not subject to Tum'ah under any circumstances.

(c)In another Beraisa, the Tana permits wheat that one took to a grinder who is a Kuti or an Am ha'Aretz to grind, regarding Ma'asros and Shevi'is - but not regarding Tum'ah.

(d)We reconcile the Seifa of this Beraisa with the earlier Beraisa which is not Choshesh for Tum'ah - by again establishing the latter by fruit that is not yet Muchshar Lekabeil Tum'ah.

8)

(a)This answer was really obvious, but we nevertheless made a point of citing this latter Beraisa to ask on the Reisha (which is not concerned that the custodian might exchange the wheat for un'Ma'asered wheat) from yet another Beraisa. What does the Tana of another Beraisa say about someone who gives his mother-in-law (the wife of an Am ha'Aretz) a dough to bake for him?

(b)We resolve the discrepancy by citing Rebbi Yehudah. What does Rebbi Yehudah say in the latter Beraisa? What reason does he give for the stringency by a mother-in-law?

(c)Yet another Beraisa is equally stringent in the case of a landlady Am ha'Aretz who bakes on behalf of a Talmid-Chacham. What is the Talmid-Chacham doing in the guest-house of an Am ha'Aretz?

(d)On what basis does the Tana give her the same Din as a mother-in-law?

8)

(a)This answer was really obvious, but we nevertheless wanted to cite this latter Beraisa to ask on the Reisha (which is not concerned that the custodian might exchange the wheat for un'Ma'asered wheat) from yet another Beraisa - which obligates someone who gives his mother-in-law (the wife of an Am ha'Aretz) a dough to bake for him, to Ma'aser it before he gives it to her and when he receives it ready-baked (for fear that she ate the dough that he gave her and and gave him a different one in exchange).

(b)We resolve the discrepancy by citing Rebbi Yehudah - who draws a distinction between a mother-in-law and others. The former, he says, both wants only the best for her daughter and is also embarrassed for her son-in-law (when he doesn't have it). So we suspect that she swapped the dough that her son-in-law gave her for a fresher and better one (something which we have no reason to suspect others of doing).

(c)Yet another Beraisa is equally stringent in the case of a landlady Am ha'Aretz who bakes on behalf of a Talmid-Chacham - who is from another town, but who resides there in order to study Torah under his Rebbe.

(d)The Tana ascribes to her the same suspicion as a mother-in-law - on the basis that the inn-keeper's wife too, feels embarrassed that she eats fresh bread, whilst the Talmid-Chacham eats stale bread.

9)

(a)Still another Beraisa permits the wife of a Chaver to grind wheat together with the wife of an Am-ha'Aretz, as long as she is Temei'ah, but not when she is Tehorah. Why is that?

(b)Rebbi Shimon ben Elazar is more stringent than the Tana Kama. What does he say?

(c)How do we extrapolate from here that other people are also suspect of exchanging what one gives them?

(d)How does Rav Yosef resolve this Kashya?

9)

(a)Still another Beraisa permits the wife of a Chaver to grind wheat together with the wife of an Am-ha'Aretz as long as she is Temei'ah, but not when she is Tehorah - because when she is Tehorah we are afraid that she will help herself to a few kernels (see Tosfos DH 'Eishes'), something that she is instinctively careful not to do when she is Temei'ah.

(b)Rebbi Shimon ben Elazar is more stringent than the Tana Kama. According to him - she is not even permitted to grind with her when she is Temei'ah, in case the Eishes Am ha'Aretz hands her some kernels, which she will inadvertently place in her mouth.

(c)We extrapolate from here that other people are also suspect of exchanging what one gives them - because if the Eishes Chaver will steal from her husband what is not hers, she will certainly exchange what people give her to look after.

(d)Rav Yosef resolves this Kashya - by pointing out that a woman allows herself the liberty of helping herself to something with which she is working (just like an ox whilst it is threshing), but not of tampering with what she has in her safekeeping.

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