DIVISIONS IN A FIELD (cont.)
(Rabah): It is (called a different Reshus ha'Rabim) only if a Reshus ha'Yachid separates one from the other, but not if a Karmelis separates them (for one is not liable for transferring between a Reshus ha'Rabim and a Karmelis. Mid'Oraisa, Karmelis is neither Reshus ha'Yachid or Reshus ha'Rabim. Mid'Rabanan, it has the stringencies of both.)
(Abaye): It is even if a Karmelis separates them, but not if a piece of wood separates them.
(Rava): It is even if a piece of wood separates them.
This is like Rava said elsewhere.
(Rava): Domains of Shabbos have the same law as domains regarding Gitin. (If a man lent his Chatzer to his wife to receive her Get (he will throw it there), a piece of wood is considered a domain unto itself. He lent to her only the Chatzer, but not the wood. If the Get lands there, she is not divorced.)
Question: If there is no fence or Chatzav, what is the law (Rashbam - of one who makes Chazakah in property of a convert that died; Tosfos - regarding Tum'ah)?
Answer (R. Merinus): Whatever was called one field is considered one field.
Question: What does it mean 'it was called one field'?
Answer (Rav Papa): It was called 'the Gargusa (irrigated field) of Ploni.'
Question (Rav Acha bar Avya): What is Chatzuva?
Answer (Rav Yehudah): It is a tree that Yehoshua used to mark borders. (Its roots go straight down, so it does not nurture from the other's property).
OTHER TEACHINGS OF RAV YEHUDAH
(Rav Yehudah): Yehoshua listed only the cities on the borders (to teach what is within each tribe).
(Rav Yehudah): One must tithe Peros of all the land that Hash-m showed Moshe (before Moshe died).
Question: What does this come to exclude?
Answer: It excludes the lands of the Keni, Kenizi and Kadmoni (even when they will become part of Eretz Yisrael);
(Beraisa - R. Meir): These lands (of the Keni, Kenizi and Kadmoni) are Naftucha, Arva'ah and Shalma'ah;
R. Yehudah says, they are Mount Se'ir, Amon and Mo'av;
R. Shimon says, they are Ardiskim, Asya and Aspamya.
(Mishnah): If two witnesses testified that Reuven ate the Peros of Shimon's field for three years, and they were Huzmu (they were found to be Zomemim, i.e. they were not present where they claimed to see the testimony), they pay Shimon the entire value of the field;
If a different pair of witnesses testified about each of the three years, and all were Huzmu, they jointly pay Shimon the entire value.
If David testified about all three years, and three brothers testified, each about one of the three years, (this is testimony of Chazakah, for) testimony of each year is separate (the brothers do not testify together);
Regarding Hazamah, it is like one testimony (they are exempt unless all of them are Huzmu).
(Gemara): Our Mishnah is not like R. Akiva.
(Beraisa - Aba Chalifta) Question: If a different pair of witnesses testified about each of the three years of Chazakah, what is the law?
Answer (R. Yochanan ben Nuri): This is a Chazakah.
Aba Chalifta: I agree, but R. Akiva argues.
R. Akiva: "(According to two witnesses will be established a) Davar (matter)", and not half a Davar.
Question: What do Chachamim disqualify due to 'half a Davar'?
Suggestion: One witness saw one hair on the back of a 12 year-old girl, and another witness saw one hair on her front.
Rejection: That is not 'half a Davar.' It is half testimony! (Each witness says that she only has one hair, so she is still a minor.)
Answer: Rather, two witnesses saw one hair on her back, and two other witnesses saw one hair on her front. (Rashbam - neither pair saw all that was possible to see at the time; Tosfos - the testimony of either pair by itself has no significance at all.)
(Rav Yehudah): If one witness saw Reuven eat wheat, and one saw him eat barley, this is a Chazakah.
Question (Rav Nachman): If so, we should also say that if one witness saw Reuven eat in the first, third and fifth years (of a six year period), and another witness saw him eat the other three years, this is a Chazakah!
Rejection (Rav Yehudah): There is different, for they do not testify about the same years. I discuss witnesses who testify about the same years.
Question: They argue about what he ate!
Answer: Since he makes a Chazakah through eating either, witnesses are not careful to see exactly what he eats.