Gittin 86a
Why Was the Exile Decreed 852 Years Early?
Part of Ein Yaakov · 23:30
Gittin aggada on the destruction of Jerusalem and the timing of the exile, followed by halacha on using non-Jewish courts and the Rambam's sources for grounds for divorce.
Audio Transcript
Beginning of the next פרק, פרק תשיעי, דף פ״ו. Here, פרק תשיעי, דף פ״ו. איסקין רבי יהודה בשטר זבינתא דעבדי. Rabbi Yehuda was metaken that when you write a שטר when you buy an עבד, so he metaken to put in this לשון: that when you describe the עבד, because a lot of times you would find later faults and comes דין תורה'ס, and you did cheat me, you didn't cheat me, so he made lechatchilah a נוסח like this. Wait, a שטר a שטר A שטר of an עבד. And he it should write like this: You let him go when you get him? No no, when you're buying an עבד. You buy from one Yid from the other. No, one Yid from the other buys an עבד. So you write like this: עבדא דנן מוצדק. This עבד that I'm selling you is מוצדק is is is fit לעובדי, to work with him, ופטור ועטיר מן חרורי, and he's completely free from being free, in other words there is he's not freed at all, ומנילולי, and from a בלבול, there's no טענות against him, ומעירורי מלכי ומלכתא, and
he's free from any complaints from the government that they might say that he belongs to somebody else, so in other words so he signs that he's free, ורושם דאינש לית אוסי עליה. You mean that he didn't commit any crimes? Yeah. Yeah. That's why that's why they would the government would take him. ורושם דאינש לא אית עליה. Or they might take him because he's stolen. They might take him, or what if he killed somebody, they would be חייב מיתה for for the government, or מלכות, or put in jail. Also in those days when they used to buy an עבד, they used to make like a siman, a רושם on the person. ורושם דאינש לא אית עליה, there's no רושם of a person on him. ומנוקה מכל מום, he's clean from any blemish, ומן שחין, from the the the blisters דנפיק עד תריסר that comes out for the last two years. In other words, he doesn't know, maybe he had twenty-five years ago, but for the last two years I didn't see. And normally if he didn't have it in the last two years, it's not there. Well, is a פגם is a I mean a skin problem is a what's the difference? You I could come back later and say I never expected to have an עבד with skin problem. And he says he doesn't have any skin problem, חדת ועתיק, old and new. In other words, nothing, no new skin problem, no old skin problem. Then the Gemara asks, מאי אסוותיה?
What is the the cure? If a guy does have this, what is the cure? אמר אביי, אביי said like this: גינברא, that's ginger, לשחין. For the שחין, yeah. ומרתכא, Ginger is very good. ומרתכא is the פסולת when you purify the silver and there's the the the part, the bad part that falls off, you take that, וכבריתא, כבריתא is sulfur, גפרית, וחלא דחמרא, and vinegar made from wine. Yeah, you need that. Wine vinegar can be a big michshol. That's what? Twenty years ago. Yeah. Go go then, come up. The whole of America was messed up. Luckily, though, you shouldn't use it. It's a mistake, it came from France. Yeah, yeah. ומשחא ד This was the The OK was involved, remember? ומשחא דזיתא, and oil made olive oil, ונפטק, and נפטק. What's נפטק? Naphtha. It's one of the flammable stuff, naphtha. Naphtha, that's what you think? Yeah. חיורא, a white one. Like kerosene. Oh, yeah. ושייף ליה בגדפא דאווזא, and take mix this all up and smear it on the body, on the skin, with a feather of a goose. Okay. זאגט די גמרא ווייטער, אמר רבי יהושע בן לוי, How do you mean, what do you do with it? That's it, just put on the goose, and don't put on yourself? No, with a feather of a goose Oh, with it you put on yourself. On the עבד. On the boils. It's not on the goose, right? On the שחין. Before you cook before you bake it, right? Yeah. It's very good.
אמר רבי יהושע בן לוי, Rabbi Yehoshua ben Levi said, לא חרבה ארץ ישראל עד שעבדו בה שבעה בתי בתי דינים עבודה זרה. The churban of Eretz Yisrael came only after seven בתי דינים, which means seven kings, worshiped avodah zarah. ואלו הן, these are the seven kings: ירבעם בן נבט, בעשא בן אחיה, אחאב בן עמרי, יהוא בן נמשי, פקח בן רמליהו, מנחם בן גדי, והושע בן אלה. So after the seven, that's when Hashem said he's going to he's going to destroy Yerushalayim, Eretz Yisrael. שנאמר, it says, אמללה יולדת השבע, that אמללה is a is a, אמלל no? He's a unfortunate. Unfortunate, yeah. That gave birth to the seven. נפחה נפשה, her nefesh went out. בא שמשה בעוד יומם, the sun set when it was still day, which is a mashal for חורבן בית המקדש, חורבן ירושלים. בושה וחפרה, and it's embarrassed. But what does the pasuk say here? אמללה, the unfortunate, יולדת השבע, so it's only the שבע that after seven, that's what happened.
אמר רב מאי קרא, where do we see a pasuk that shows this? כי תוליד בנים ובני בנים. Doesn't bring the end. And it says like this, this is the kriyah actually from Tisha B'Av. And you will give birth to children and grandchildren, and etc., etc. And then they're gonna go and worship avodah zarah, and the pasuk continues: 'I will chase you out of the land.' So here we see that it's because after many generations that they did this. אמרו ליה רב כהנא ורב אסי לרב, said רב כהנא and רב אסי to רב, כתיב ביה בהושע בן אלה, בהושע בן אלה it says like this: ויעש הרע בעיני ה׳. He did bad in the eyes of Hashem. רק לא כמלכי ישראל, he wasn't that bad. He wasn't that bad like the מלכי ישראל. וכתיב, another pasuk says, עליו עלה שלמנאסר, that there was the galut and he came and it seemed like it was because of him that there was the churban. He was part of the causes, but he wasn't so bad, it says. אמר להו, so he said like this, this is what the problem was: אותם פרדיסאות שהושיב ירבעם על הדרכים, those guards that ירבעם בן נבט put on the roads that כדי שלא יעלו ישראל לרגל, he didn't want the Yidden should go up to Yerushalayim for Yom Tov, so he made guards and didn't let them, בא הושע, came Hoshea after him, וביטלם, took them away. Nu, now he made it free. Every Yid who wants to go to ירושלים, ואף על פי כן לא עלו ישראל לרגל, and still the Yidden go up, didn't go up. אמר הקדוש ברוך הוא, so הקדוש ברוך הוא said: אותם שנים שלא עלו ישראל לרגל, those years that they didn't go up, ילכו בשבי, for those years they should go into into captivity. So he takeh what did he do? He didn't do bad, but he was nevertheless the cause of Hashem being angry, because he took away he took away the the guards, so because he took away the guards the Eibershter was angry at the Yidden, because as long as the guards were there the Yidden were not at fault. Had an excuse. Had an excuse! And now they're the So So this is not written by navi, this is Rav saying this is the pshat. Pshat on the in the pasuk. אמר רב חסדא אמר מר עוקבא, רב חסדא in the name of מר עוקבא, ואמרי לה, some say, אמר רב חסדא אמר רבי ירמיה, that what? דדרש מרימר, מרימר דרש like this: מאי דכתיב, what is the pshat in the pasuk where it says, וישקוד ה׳ על הרעה, השם went early, hurry, to to bring the bad on the Yidden, ויביאה עלינו, and he brought it upon us, כי צדיק ה׳ אלוקינו, because Hashem is a tzaddik. What does that mean? משום דצדיק ה׳ אלוקינו וישקוד ה׳ על הרעה ויביאה עלינו? Because he's a tzaddik, that's why he made he brought the punishment earlier? Farkert, if he's a tzaddik he should have postponed it instead of making it earlier. אלא, no, it's a another vort: צדקה עשה הקדוש ברוך הוא עם ישראל, Aibershter did a tzedakah with the יידן, שהגלה גלות צדקיהו ועדין גלות יכניה קיימת. First Yechonia went to galut, and he went to Bavel, and as when the people were still there from that his time, that's when Tzidkiyahu went, and that's something good. Why? דכתיב בגלות יכניה, because by גלות יכניה it says החרש והמסגר אלף. This refers to talmidei chachamim. When Yechonia went to galut, all the talmidei chachamim all went along. So Bavel became a מקום תורה. And why are they called these people החרש והמסגר? חרש means somebody can't talk. שבשעה שפותחין נעשו הכל כחרשין, that when these people, such great talmidei chachamim, if someone would get up and say a dvar Torah, no one had anything to complain, no one could say anything because it's so good. And also they're called מסגר, כיוון שסוגרין שוב אינן פותחין, when they closed, don't open it. In other words what they said went because they were so great. כמה, and how many were there? אלף, a thousand. So this is the maalah that the Aibershter made that Tzidkiyahu, his galut should go to to Bavel when Yechonia, Yechonia's people were still there so they had who to teach them. Had they gone there when Yechonia's the people in Yechonia left, they would be left without teachers, without talmidei chachamim. So the Eibershter did that. So that's the pshat, so the Eibershter made it earlier. He could have waited, but the Eibershter wanted to send Tzidkiyahu in galut earlier because the Eibershter is a tzadik, in other words the Eibershter wanted to support our benefit, so we should have with whom to learn. And Ula, Ula says a different vort: The tzedakah, the greatness, why we're thanking Hashem for making the galut earlier: שהקדים שתי שנים לונושנתם. Doesn't that try to not make the galut happen? I mean, in other words, it was a zechut for the Yidden to be after No, if they had to go to galut, it was good that they went earlier, while the people where they went to were still their talmidei chachamim. Had the Eibershter waited and sent them later, they would have left, And they would have gone to galut to a place which is empty of Torah. And Ula says that the the ma'alah is that הקדים שתי שנים לונושנתם. נושנתם is a gematria. And it says, ונושנתם אייבערשטער is gonna throw Yidden into galut, and then the pasuk continues that as if that'll be the end. Now the Eibershter sent them to galut earlier, two years earlier. So just like the ונושנתם didn't happen really, so the second half, where it says that the Yidden would stay there forever didn't happen. Had the Eibershter waited for the ונושנתם, then the Yidden kivyakhol, ke'ilu would have been lost in galut forever. 852, isn't it? The gematria? Yeah.
Amar Rav Acha bar Yaakov, Rav Acha bar Yaakov says, shema mina, here we see מהרה דמרי עלמא, that by the Eibershter what's called fast, temanya me'ah 800 וחמשין ותרתין הוו, and 52. What's the, why? Because the pasuk says ונושנתם, and then the pasuk says מהרה. What's the end of the pasuk? ונושנת... כי אבד תאבדון מהר. Right after ונושנתם it says, you're gonna be lost fast. And how long did it take? 852 years. So by the Aibershter, fast is 852 years, and it makes sense, because if a thousand years is a day, is a, it's not only a thousand years a day, a thousand years כי יום אתמול, a נעכטיגע טאג, like yesterday's day. Like yesterday's day is for us is like nothing. A day, when you're going through the day, it takes a 24 hours. Yesterday's day passed already. Why is it like yesterday's day? The pasuk says, אלף שנים בעיניך כי יום אתמול. Like yesterday's day. תניא, it says in a ברייתא, היה רבי טרפון אומר, רבי טרפון said, כל מקום שאתה מוצא אגוריא של עובדי כוכבים, wherever you find a group of goyim, which means basically a court of goyishe judges, אף על פי שדיניהם כדיני ישראל, even if they pasken like the beis din pasken's, like Yiddishe beis din, אי אתה רשאי להיזקק להם, you cannot go to them, you cannot go to court. שנאמר, and it says, ואלה המשפטים אשר תשים לפניהם, these are the mishpatim you should put in front of them, לפניהם ולא לפני עובדי כוכבים, in front of Yidden and not in front of goyim. But don't you have to if the other side won't go? That's another halachah, so you don't have, so you could go. If the other guy won't, if the other side is not gonna go. Won't go to a regular... Or if the other guy calls you to beis din, calls you to court, and you have to go answer. Ri says that. We're saying it. No, but it says, it says in the poskim that if you, you know, it says If someone calls you to court. Where do you, where do you learn that? You have to learn either It says you can't bring it, but if you're not bringing it, or if the guy is not listening. Yeah. But still, you need a heter from beis din. You need a heter from beis din to allow you to go, but beis din will if a guy doesn't, is a מסרב לדינא or he's ציית לדינא, he doesn't want to come to the to the Torah, or he doesn't want to listen to the pesak. Go directly to a goyishe court. Yes, so he's a over on the lav, issur. ואלה המשפטים, yeah. Not only that, here it doesn't say
it, Rashi in Chumash says that you're mamash you're giving koach to the avodah zarah and all kinds of things. You put him in cherem, no? Yeah, he's automatically in cherem, you don't have to put him. Any Yid that doesn't listen. Just have to do something. Put a billboard, I mean. If you want to, yeah, but he is in cherem. Davar acher, another פשט, לפניהם ולא לפני הדיוטות. לפניהם means in front of the Beit Din, not in front of stam people who don't know, you have to have people who know. This inyan that you have to have people who know is only if the two sides are not maskim, but if two sides are maskim, they could choose anybody. If two sides get, the Gemara uses a lashon, you could have שלשה רועי בקר. If two sides say, \"We want to go to Who do you want to go to?\" So they pick three simple people, three shepherds, but if they between themselves both agree, whatever the psak din is If they both agree to go to a goyishe court, can't either? No, that for sure not. But ג׳ רועי בקר, that, yeah, as long as they're Yidden, but either not smart, they don't know the halachah, but if we agree, that's what it is. דבר אחר, לפניהם ולא לפני הדיוטות. You know these three people can pasken against halachah. Yeah, but you accepted it. Yeah, I'm just saying, but even though Even though, yeah, because they don't know the halachah. Clear, there's a Shulchan Aruch. Yeah. Yeah. Zagt di
Gemara weiter, אכלה בשוק, we're talking about a woman that deserves to get divorced, the grounds for divorce, if she is eating in the street, גרגרה בשוק, Drinking? גרגרה doesn't mean drink, it means she walks around Oh, with her na'aras rich? Yeah, it's very, you know, very need, not, it's a way of walking which is not tzniyusdik. הניקה בשוק, she's nursing her child in the street, וכולם רבי מאיר אומר תצא, רבי מאיר says, this is, you could divorce her. רבי עקיבא אומר אה? Ketubah. Yeah, anytime she's at fault why you divorce her, you don't have to pay the ketubah. Other cases, for an act that you have to, the Beit Din says to divorce, and it's his fault, then he has to pay her. But if it's her fault, can you divorce without a Huh? Besides that, the reason why you want to divorce, why you need to keep a ketubah, is שלא תהא קלה בעיניו להוציאה. In this case, we want it to be להוציאה. Does it say eshet ish sure, or not? A wife, huh? Does it divorce her, or not? תצא. Oh, תצא. Oh, she must be divorced. רבי עקיבא אומר, רבי עקיבא says, no, עד שישאו ויתנו בה מוזרות בלבנה. It's not enough that she does this, you have to have it that people talk about her. And who are the people talk? There used to be the yentas that used to sit at night under the, by the light of the לבנה, and they used to talk, they talk lashon hara. So, they used to talk about all the things. So, if they, if it didn't reach that stage yet, then you can't divorce her. But if it reached that stage, and it's so public that even these yentas talk about it, then you divorce. Rabbi Yochanan ben Nuri says, no, אם כן לא הנחת בת לאברהם אבינו. You never left, this will not allow any Jewish woman שתשב תחת בעלה, she should sit under, by her husband. Because they're spreading all Why, because yeah, anybody wants can spread a rumor. If it's only based on a rumor, he says the Tanna Kama is you can do it when there's a rumor, a rumor that they talk. If a guy doesn't like her or somebody doesn't like, he wants to make trouble, a guy starts a rumor, spreads the rumor, and then they'll talk. But Torah אומרת, Torah said כי מצא בה ערות דבר. It says only if found an ערות דבר in her. And how do you find it? להלן נאמר, it says the word דבר here, and another pasuk says על פי שנים עדים יקום, or על פי שלושה עדים יקום דבר. מה להלן דבר ברור, just like when it says על פי two עדים יקום דבר means two עדים which is clear, אף כאן דבר ברור, here it has to be clear that people have to come and notice, saw that he do it. The fact that, and that Then only you can divorce her. Yeah, only then it's grounds for divorce. It's not enough that Not enough, but people, it's a rumor basically. The word yentas is that a rumor. There's a rumor that people talk. That was the, the, you said Rashi said that was the, was there Yeah, that's where the rumors used to be spoken about. But basically it's a rumor. He says, a rumor you can't rely, because if a person wants, you can let out a rumor against somebody which is not, nisht geshtoygn nisht gefloygn, it's not true, and then no, but nobody is safe, nobody is secure. Two witnesses, בזמננו they could, they'd have to check, right? They don't know, right? Every, every time עדים come, you have to investigate, you have to question them. זאגט די Gemara ווייטער, Beis Shammai אומר, Beis Shammai says, לא יגרש אדם את אשתו, a person should never divorce his wife, אלא אם כן מצא בה דבר ערוה, unless he found some דבר ערוה that she's not behaving morally. שנאמר, because the pasuk says before it says a get, it says כי מצא בה ערות דבר. It says if a person marries, כי יקח איש אשה ובאה עליה, מצא בה ערות דבר, and he found some, so then, it says the פסוק, ושלחה מביתו וכתב לה ספר כריתות, you write a get. So the Torah says it's only if you found the ערות דבר. Beis Hillel אומר, Beis Hillel says, no, אפילו הקדיחה תבשילו, even if she burnt his food. שנאמר, it says כי מצא בה ערות דבר. He darshens like the word מצא בה ערות דבר, two parts. You can divorce her כי מצא בה, whatever you found in her, doesn't like it, he doesn't like what she did, or ערות דבר. So ערות דבר is even if he likes, he doesn't care, but al pi din he has to divorce her. רבי עקיבא אומר, אפילו מצא אחרת נאה הימנה. Even if he found someone nicer than her. שנאמר, והיה אם לא תמצא חן בעיניו, it says he won't like her, so it's משמע the pshat if he won't like her. Three different Three, yes. במאי קמיפלגי? What's their machloket based on? So the answer is בדירש לקיש, it's based on Reish Lakish's words. דאמר ריש לקיש, ריש לקיש said, כי משמש בד׳ לשונות. The word כי you could use for four, four explanations: אי, דילמא, אלא, דהא. So אי means if, no, yeah. דילמא means maybe. אי is if, דילמא maybe, אלא is but, דהא is that. You could say this, this כי means because of this, or it means that, different ways. So בית שמאי סבר, Beit Shammai holds, when the pasuk says והיה לא תמצא, והיה אם לא תמצא חן בעיניו, if she will not find grace in his eyes, כי מצא בה ערות דבר. How do you taytsh the כי? He טייטש׳ס דהא מצא בה ערות דבר. The word כי means that. So he taytsh's like this, the pasuk says if you don't like her, that you found, means because you found. So he taytsh's, so Beit Shammai says clearly from this pasuk that the only way you could divorce her if you found the ערות דבר, because the pasuk says מצא בה ערות דבר because, and לא תמצא חן בעיניו because מצא בה ערות דבר. רבי עקיבא סבר, Rabbi Akiva says כי מצא בה ערות דבר means אי נמי מצא בה ערות דבר. כי means or. כי מצא or Or if? No. אי נמי is not if. אי נמי מצא. אי נמי מצא בה ערות דבר. And what does Beit Hillel say? So Rashi says בית הלל נמי הכי משמע, מפני. But Beit Hillel דרשנ'ס the same like like Beis Shamai, because. But Beis Shamai דרשנ'ס as one word: because he found an ערות דבר. And Beis Hillel says the same because, because he found, and ערות דבר is a second thing. So anything he found, but there's something he has to find, you can't just decide. And Rabbi Akiva says no. He didn't cook Yeah, he found something wrong, not terrible, not that, but... But Rabbi Akiva says you don't have to find anything. Beis Hillel says you have to find something, she didn't she burned his food. Yeah, that's nothing to do with her, nothing wrong with her. But Beis Hillel says it has to be
something wrong, but doesn't have to be something major, doesn't have to be ערות דבר. חלק ט? This is חלק ד, חלק ד. חלק ד, פרשת כי תצא. אמר ליה רב משרשיא לרבא, רב משרשיא לרבא: אם לבו לגרשה והיא יושבת תחתיו, if he plans to divorce her, and he still keeps her, ומשמשתו, and she has, he has relations with her, מאי, what what is it? קרי עליה, he says this refers to the pasuk: אל תחרוש על רעך רעה והוא יושב לבטח אתך. Don't think in your mind bad on your friend, while the friend is guaranteed is is feels feels safe and feels betach, sure. Can't do that. And this is what happened here, she doesn't know it, so she is living with you thinking that you're planning to keep her as a wife, and you in your mind are not. You can't do that. Di Gemara גמרא זאגט ווייטער. Can't do that, you're telling somebody not to to think that way, or if he thinks... No, no, she's asur! If you you can think a person can think he wants to divorce her, but she becomes asur. Becomes asur. Actually the
Rambam brings this din in two places. Yeah, so we're telling him. He's not trying to do an aveirah. We're just telling him if you plan to divorce her, you should you shouldn't you're not allowed to live with her. And the Rambam brings this in two places. The Rebbe says cuz there are two two dinim here. So if you change your mind, it's fine! If you're changing your mind, it's fine. But if you don't change your mind, and then you still and you can't do it. Okay. Yeah, another minute. No, see the Rambam brings it in two places. The Rebbe has a whole sichah on this also, on this last piece, on this particular piece. There's two dinim here. The dinim, there is a din here in הונאה מצד it's nothing to do with with ishut. It has to do with cheating. You're just you're you're you're deceiving her, that's all. That's one din, then there's a דין מצד מצד the marriage. There's a din in the marriage that the marriage is no good. The marriage is only good if it's 100%, if not, it makes a weakness in the marriage, so that's why you can't live with her. Then there's another din: you can't deceive her. This is deceit. Yeah, that's that's that's good. More to it. That'd be more to it. The Sukkah? חלק ד. I know. I know.