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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.
If a person steals an animal that is caught in a trap with a receptacle it is Gezel Gamur, but if it is a trap without a receptacle it is only Gezel because of Darkei Shalom. (1)
It is forbidden to take a Metzi'ah from a deaf-mute, insane person or Katan for the reason of Darkei Shalom.
Rebbi Yosi holds that it is Gezel Gamur to take a Metzi'ah from a Cheresh, Shoteh or Katan and thus it may be collected from the thief in Beis Din.
If a poor person is cutting off olives from the bottom of the tree it is forbidden for anyone to take the olives from the bottom of the trees for the reason of Darkei Shalom. (2)
If the poor person held the olives in his hand before they fell to the bottom it is Gezel Gamur to take the olives from the bottom of the tree.
We support poor Goyim and we visit their sick and bury their dead along with those of Bnei Yisrael for the reason of Darkei Shalom.
It is permitted to lend a sifter, sieve or mill to a woman who is suspect on Shevi'is because of Darkei Shalom but it is forbidden to sift or grind with her. (3)
It is permitted to lend a sifter or a sieve to the wife of an Am ha'Aretz and it is permitted to sift or grind or select with her because of Darkei Shalom. (4)
It is permitted to encourage Nochrim who are working the fields on Shevi'is and it is permitted to be Sho'El b'Shalom of a Nochri for the reason of Darkei Shalom.
Once the water is put in the dough it is forbidden to lend a hand to the wife of the Am ha'Aretz because the dough is now Tevel for Chalah. (5)
Abaye says most Amei ha'Aretz separate Ma'aser. (6)
R. Meir says that an Am ha'Aretz is someone who does not eat Chulin b'Taharah; the Rabanan hold that an Am ha'Aretz is someone who is suspect regarding Ma'aser.
Rava says that it is permitted to lend a hand to a woman who does not eat Chulin b'Taharah for the reason of Darkei Shalom.
It is permitted to give wheat to grind or to watch a person who is suspect to eat fruit of Shevi'is and to give Terumah to a Kohen who is suspect to eat Terumah b'Tum'ah.
It is forbidden to lend a hand to someone who is suspect to eat fruit of Shevi'is or to a Kohen who is suspect to eat Terumah b'Tum'ah.
It is permitted to give Terumah to a Yisrael Am ha'Aretz to watch but not to a Kohen Am ha'Aretz because a Kohen is comfortable with Terumah and may be Mitamei it. (7)
One may give his wheat to a grinder who is a Kusi or an Am ha'Aretz and he need not be concerned that his wheat was switched for wheat of Shevi'is or of Tevel. But he must be concerned that it has become Tamei. (8)
Someone who gives dough to his mother-in-law or to an innkeeper who is the wife of an Am ha'Aretz he must separate Ma'aser from what he gives her and from what he receives from her because she is suspect to switch the dough. (9)
A BIT MORE
1. According to Rebbi Yosi it is Gezel Gamur even if the trap does not have a receptacle.
2. According to Rebbi Yosi it is Gezel Gamur to take the olives from the bottom of the trees.
3. Because it is forbidden to lend a hand to transgressors.
4. According to Abaye even though she is the wife of an Am ha'Aretz it is permitted to lend her a hand because most Amei ha'Aretz separate Ma'aser. According to Rava it is only permitted to lend a hand to the wife of an Am ha'Aretz who is suspect not to eat Chulin b'Taharah, but is not suspect regarding Ma'aser.
5. That which we are obligated to separate Ma'aser from Demai is a Chumra.
6. It is only permitted to give the Terumah to the Kohen if it has not yet been Muchshar (come into contact with water) and it is not yet Mekabel Tum'ah.
7. It is only forbidden to give it to the Kohen Am ha'Aretz if the Terumah was already Muchshar for Tum'ah.
8. It is only a concern that it became Tamei if it was Muchshar for Tum'ah.
9. Although normally an Am ha'Aretz is not suspect to switch however a mother-in-law wants to switch for her daughter because she wants to give her better dough and an innkeeper is suspect to switch for the benefit of the guest who is a Talmid Chacham.
DIN EMES AND SHALOM
Rav Kahana collected olives from the bottom of the tree until the poor person who was on top of the tree told him that he had held it in his hand. Rav Kahana commented that he is from the town of R. Yoshiyah and R. Yoshiyah [who taught the townspeople] this Halachah is a Tzadik Yesod Olam. Why did he call R. Yoshiyah a Tzadik Yesod Olam? The Chasam Sofer explains that the world is sustained on Din, Emes and Shalom. When one is reliant that no one will take his olives because of Darkei Shalom although there is Shalom there is no Din since m'Ikar ha'Din it is permitted to take the olives. However without the Takanah of Darkei Shalom there would be Din but no Shalom. R. Yoshiyah taught the townspeople to hold the olives in their hands so that it would be theirs m'Ikar ha'Din, so now there is Din and Shalom. Therefore R. Yoshiyah is a Tzadik who is ensuring the existence of the Olam.
PROVIDING FOR NOCHRIM
Is someone transgresses one of the Mitzvos in the Torah b'Mezid there is no obligation to provided for him or lend him money. We provided for the Nochri poor along with Jewish poor for the reason of Darkei Shalom. (Shulchan Aruch YD 251:1)
Not only do we provide for the Nochri poor together with the Jewish poor but we also provide for them separately if there are no Jewish poor. (Shach in the name of the Ran)
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