Gittin 12

There is an expression, “Nothing tastes as good as freedom feels.” (I tried to track it down but I am not a good journalist I suppose.) Well, apparently, according to the daf, terumah, the tithe, tastes better than freedom.

Rabbi Elazar said: We said to Meir: But isn’t it in the interest of a slave to leave his master to freedom? He said to us: It is to his detriment, as if he were the slave of a priest, then by emancipating him the master thereby disqualifies him from partaking of teruma.

and later

If the master desires, he can throw the bill of manumission within four cubits of the slave and thereby disqualify him from partaking of teruma; the slave can prevent this from occurring by leaving his master, and escaping and going out to the world. If he acts in this manner his master will be unable to emancipate him, and he can continue partaking of teruma.

Now, they are imagining a slave running away – not in pursuit of freedom, but to prevent being emancipated! Why? Because the slave does not want to give up receiving terumah!

So, what’s this good stuff? Numbers 18:12-19 tells us,

“All the best of the new oil, wine, and grain—the choice parts that they present to יהוה —I give to you. The first fruits of everything in their land, that they bring to יהוה, shall be yours; everyone of your household who is pure may eat them. Everything that has been proscribed in Israel shall be yours. The first [male] issue of the womb of every being, human or beast, that is offered to יהוה, shall be yours; but you shall have the male first-born of human beings redeemed, and you shall also have the firstling of impure animals redeemed…”

So, it’s the good stuff! The first fruits, top shelf, best of the best.

Now, does that make it taste better than freedom? I doubt it, but the rabbis sure do build it up in their heads to be something fantastic.

Gittin 11

A quick gem which is an observation:

The names of most Jews outside of Eretz Yisrael are like the names of gentiles.

This can be very true. I know a lot of Jews with Gaelic names and names like Chase and Finn . . . however . . .

I was watching team Israel play in the World Baseball Classics, their names were: Fishman, Gold, Kalish, Katz, Weiss, Kravetz … They were all so noticeably Jewish! I was laughing about it when I realized that the other team, the team from the Dominican Republic had players with the last names: Cruz, Peña, Machado, Sánchez, Hernández, Jiménez . . . you get the picture. The point being, the last names of both sides gave a big hint as to the persons culture.

By the way, almost all those players for Israel are Jewish boys who grew up in North America, including Evan Kravetz, a pitcher whose Bar Mitzvah I performed back when he was barely 4″2.

Gitti 10

Today’s daf gives us one of the most important Taludic concepts . . . at least for those of us not living in the Jewish Homeland.

דִּינָא דְמַלְכוּתָא – דִּינָא. Dina l’Malchutah Dina

The law of the kingdom is the law.

What does this mean? Jews must obey the laws of the state/country/province in which they live.

So, while the Talmud says nothing of speed limits or wearing seat belts – it does say we have to obey the law of the land. And so we do. . . hopefully.

Now, what’s really interesting is when God’s law conflicts with the law of the land . . .

Gittin 9

Ever had a brain crush? It’s when someone is so smart or says something so deep you kinda fall for them. It has absolutely nothing to do with physical attraction. Rabbi Yosei gets a brain crush on our daf:

The Gemara elaborates how Rabbi Yosei bestowed praise. As it is taught in the Tosefta (Pe’a 1:13): When these matters were said by the Sages before Rabbi Yosei, he recited this verse about him: “He kisses the lips that give the right answer” (Proverbs 24:26).

There is another passage I like as well. It brings up the question – how do you witness something or sign a legal document if you can’t write your name?

With regard to witnesses who do not know how to sign, i.e., they do not know how to write their names, one tears blank paper for them, meaning that a stencil of their names is fashioned from blank paper and placed on the bill of divorce. And the witnesses fill in the gaps with ink so that their names appear on the document.

Now, you’re likely thinking, as I did, of people who are illiterate. Often, people use an x to sign their name today if that’s the case. But there are also plenty of people who, because of disability, cannot sign their name. According to a disability rights website (https://www.disabilityrightsca.org/) a person who cannot write their name because of a disability can use a stamp! This stamp can be the person’s name, an x or another mark of some kind. Very similar to our daf but going even further to ensure that even those who cannot use their hands at all are able to vote and participate in legal actions.

Gittin 8

Borders are strange. Whenever I go to a border, I always am conscious of the moment one foot goes over the line and think, “I am in two countries at once.” Wars have been fought and much blood shed over where borders have been drawn. Many have lost their lives trying to, or accidentally, crossing borders. And on today’s daf, the rabbis debate Israel’s border. Now, this is not Green Line debate. The rabbis have certain laws that are only kept in Israel (and inside Israel, when giving a divorce, you don’t need to say a formula where you tell the parties that the document (get) was written in front of you) and so they need to know – what counts as Israel?

The answer is murky today, and seems it was then as well.

What is Eretz Yisrael and what is outside of Eretz Yisrael? Any slope that descends at an angle from Turei Amnon in Syria and inward toward Eretz Yisrael is part of Eretz Yisrael. From Turei Amnon and outward, northward, is considered outside of Eretz Yisrael. With regard to the islands [nissin] that are in the sea, one views them as though a string were pulled taut over them from Turei Amnon in the north to the River of Egypt, Wadi el-Arish, in the south. From the string and inward, i.e., east, is Eretz Yisrael; from the string and outward, west, is considered outside of Eretz Yisrael. This is the opinion of the Rabbis. Rabbi Yehuda says: Any place that is directly across from Eretz Yisrael, including the sea itself, is considered part of Eretz Yisrael, as it is stated: “And for the western border, you shall have the Great Sea for a border, this shall be your west border” (Numbers 34:6). According to this opinion, the entire territory directly across from Eretz Yisrael is considered part of Eretz Yisrael. And with regard to the islands that are on the sides, which do not exactly line up on the north or the south, one views them as though a string were pulled taut over them in the north from Kefalorya, west of Turei Amnon, to the Atlantic Ocean, and in the south from the River of Egypt westward until the Atlantic Ocean. Those islands that lie from the string and inward are part of Eretz Yisrael, whereas those from the string and outward are outside of Eretz Yisrael. The Gemara asks: And the Rabbis, what do they do with this verse: “And for the border”? Rabbi Yehuda’s opinion that the border of Eretz Yisrael extends into the sea is apparently supported by this verse. The Gemara answers: They require it to teach that the islands themselves are considered to be within Eretz Yisrael. And Rabbi Yehuda would respond that an additional verse is not required to teach the halakha concerning the islands, as it is clear that they are part of Eretz Yisrael.

So, the entire sea is Israel? They previously had a debate over whether Babylonia is Israel (there are multiple countries in between and no shared border). The daf questions if Syria is Israel.

The point? The gem?

1st, how beloved is Israel. 2nd, that disagreements over borders are nothing new.

When I was going to Israel for the first time with a NFTY teen trip, we took a boat from Greece. I remember seeing the land and my heartbeat accelerating. According to Rabbi Yehuda – I was already in Israel just being on the water. But I will tell you, touching the land and being there felt very different. Excited to go back soon.

Gittin 7

Yay daf! Phenomenal gems about being charitable.

Sometimes he would say it in the name of Rav Ami, and sometimes he would say it in the name of Rav Asi: What is the meaning of that which is written: “Thus says the Lord: Though they be in full strength [shelemim], and likewise many, even so shall they be cut down, and he shall pass away; and though I have afflicted you, I will afflict you no more” (Nahum 1:12). This means: If a person sees that his sustenance is limited he should use it for charity, and all the more so when it is plentiful. In other words, if his livelihood has finished [nishlam] he should perform charity, and he should certainly act in this manner if his means are plentiful.

Wow! There are two ways to read this. The first is that, even if we don’t have a lot, we should give (keep reading and that’s picked up later in the Gemara). The second is that when we retire, we should volunteer for various charities. What a phenomenal text. I know so many people who, after having a few good trips and about 1-3 years after retiring – are looking for something to do, something to help them make meaning. Well? It’s right here – go and use your time to help others.

It gets better.

The Gemara asks: What is the meaning of the phrase: “Even so shall they be cut down [nagozzu], and he shall pass away”? A Sage from the school of Rabbi Yishmael taught: Anyone who shears off [gozez] some of his property and performs charity with it will be saved from the judgment of Gehenna. The Gemara offers a parable that compares this case to two sheep that were passing through the water. One of them was shorn and the other one was unshorn. The shorn sheep crossed to the other side, but the unshorn sheep did not cross, as its wool absorbed the water and it drowned. Similarly, one who shears off his property and gives it as charity will not descend to Gehenna.

I love this parable and the message. Not only does it tells us to give, but it reminds us how our material things weigh us down.

The Gemara addresses the continuation of the verse: “And though I have afflicted you [ve’innitikh]” (Nahum 1:12). Mar Zutra says: This means that even a poor person [ani] who is sustained from charity must also perform charity.

One of my favorite lines when it comes to tzedakah. We all have something to give. If we can’t give money we can give time, we can give help, we can give intellectual stimulation, a listening ear, a smile.

And giving makes us all fear empowered and that we are living lives of meaning. So, let’s give.

Gittin 6

Today’s gem makes us aware that the Torah wanted to protect women from abusive husbands.

Rav Yehuda says that Rav says: Anyone who imposes excessive fear upon the members of his household will ultimately come to commit three sins: Engaging in forbidden sexual intercourse, as the wife will be so fearful of her husband that she will sometimes tell him that she has immersed in a ritual bath after her menstruation has ended when she has not done so; and he will also end up committing bloodshed, as she is likely to run away from him and expose herself to dangers; and desecration of Shabbat, as she will cook for him on Shabbat because she is scared that he will be angry with her for neglecting to do so beforehand.

Before this, they discuss the line “And his concubine went away from him” (Judges 19:2). They want to know why she left him and discuss how his harshness and ill treatment led to war!

The bottom line is that no one should abuse or control anyone else. Even the Talmud, written well before the women’s liberation movement, was disgusted with men who use fear and intimidation and belittle their wives.

Gittin 5

Today’s gem:

The Gemara relates: Bar Haddaya sought to bring a bill of divorce from one country to another. He came before Rabbi Aḥai, who was appointed over bills of divorce in his location to ask him how to proceed. Rabbi Aḥai said to him: You are required to stand over each and every letter when the scribe writes the bill of divorce, to see that everything is performed in the correct manner. Bar Haddaya came before Rabbi Ami and Rabbi Asi to ask if this is required, and they said to him: You are not required to do this; rather, it is enough for you to be present and oversee in general that it is done in the proper manner. And if you would say: I will act stringently, in accordance with the opinion of Rabbi Aḥai, then you are casting aspersions on the earlier bills of divorce, i.e., bills of divorce written in previous generations, as the agents who delivered them did not examine them to this extent.

What a great gem!

We may not think being extra strict or going above and beyond is every a bad thing – but here we see that there may be unintended consequences to being strict. I do see this in my rabbinate. Someone will see something and assume that what they’re seeing is the way it’s supposed to be. One example? Jews pointing their pinky at the Torah during hagdah (when it’s held up after the Torah reading). What’s that all about? Why are we even doing that? Where did it come from?

Guess what. . . We don’t know! Apparently it was a Sephardic custom. The earliest it is mentioned is in Me’am Loez (a commentary from 1730 – and Ashkenazi strangely enough). But even there – no reason is given. Are we pointing at the Torah? Then why use a pinky? And why do all these Ashkenazi Jews do it now? They have no idea. They just saw other people do it and assume that raising their pinky is what they’re supposed to do when the Torah is lifted.

It reminds me of the story of the rabbi who came to a new shul. He noticed that when people got halfway down the aisle, they would do a duck/bow move before proceeding. They all insisted it was very traditional, but the rabbi had never seen it before so went to try and find the origins. Finally, after finding nothing in any of his books or from his colleagues, he asked the oldest person in the congregation. That person remembered the old building with the old rabbi. Apparently, there was a chandelier that hung low in the center of the aisle and the rabbi was very tall. The rabbi had to duck when he got to the chandelier. The congregants saw him doing this and thought they needed to bow halfway down the aisle. Even when the building changed, they continued the practice as they thought it was very holy and very traditional.

Gittin 4

We have been learning about the formula an agent would have to use to bring a divorce document from one country to another – but today we get a sad commentary about two places who are neighbors – in face two districts within one city in Israel – who could not get along and therefore treated documents from the other district as thought they were form a foreign government.

The Gemara suggests a different proof: We learned in the mishna that Rabban Shimon ben Gamliel says that even an agent who brings a bill of divorce from one district to another district must say that it was written and signed in his presence. And Rabbi Yitzḥak said: There was one city in Eretz Yisrael, and Asasiyyot was its name, and it contained two districts that divided the city. And its two governors were so particular with each other that they enacted travel restrictions that made it impossible to cross through the city, and consequently they were required to say the declaration when bringing a bill of divorce from district to district.

This gem rang present in our world today. Our laws are currently vastly different from state to state. It often seems like we are dealing with foreign entities. How far apart can areas of the same country be?

Seems we are finding out.

Let’s hope there is no divorce.

Gittin 3

Today’s daf continues to discuss how a divorce can take place when the husband and wife are not in the same location. Multiply the rabbis try and make it lenient so that the woman can get a divorce in the most easy way possible requiring only one witness.

Something that is very fascinating about this is how this plays out in our world today. During Covid people needed to have divorce proceedings, and receive give gettim and the man and the woman and the Rabbi were not even in the same place! Basing legal decisions on this passage, it is possible to receive, and give divorces without the husband and wife being in the same place, but now with the advance of technology, we have the ability for husband, wife, Rabbi, and witnesses to all be in separate locations, and yet all be together, making the decision so that there is no question whether or not this is the husbands decision and the wife received the divorce papers.

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