1)PICKING UP A METZI'AH FOR ANOTHER PERSON

(a)Answer (Ula): In our Mishnah, Shimon said before picking it up that he picks it up for himself.

(b)Support (Seifa): If after giving it to Reuven, he said 'I acquired it for myself first', Reuven acquired it.

1.Question: Obviously, he means that he acquired for himself first (when he picked it up). Why does it say 'first'?

2.Answer: This teaches that in the Reisha, (he did not need to say 'first' because) he said before picking it up that he picks it up for himself.

(c)Rav Nachman says that it says 'first' only in the Seifa to teach that in the Reisha, even though he does not say 'first' (i.e. that he intended for himself when he picked it up), he acquires.

(d)(Rav Nachman and Rav Chisda): If Shimon picked up a Metzi'ah for Reuven, Reuven does not acquire.

(e)Question: What is the reason?

(f)Answer: This is like one who seizes property (from a borrower) for a creditor when this causes a loss to others (other creditors would have wanted to seize the property); he does not acquire. (Here also, others would have wanted to take the Metzi'ah.)

(g)Question (Rava - Beraisa): A worker keeps Metzi'os that he finds. This is only if the employer hired him for a particular job, e.g. 'weed for me today';

1.If he said 'work for me today', the employer gets it.

(h)Answer (Rav Nachman): A worker is different. His Yad (power of acquisition) is like the Yad of his employer (he acquires for his employer).

(i)Question (Rava): Rav taught that a worker can quit his job in the middle (this shows that he is not a mere Yad of his employer)!!

(j)Answer (Rav Nachman): Until he quits, his Yad is like his employer's Yad;

1.He can quit because "to Me Bnei Yisrael are slaves" - they are not slaves to slaves.

(k)(R. Chiya bar Aba): If Shimon picked up a Metzi'ah for Reuven, Reuven acquires.

(l)Question: In the Mishnah, Reuven does not acquire (even if Shimon did not say that he picks it up for himself until later)!

(m)Answer (R. Chiya bar Aba): In the Mishnah, Reuven asked Shimon to give it to him, he never asked him to acquire it for him.

2)A PERSON'S FOUR AMOS ACQUIRE FOR HIM

(a)(Mishnah): If Reuven saw a Metzi'ah and fell on it, and Shimon grabbed it, Shimon keeps it.

(b)(Gemara - Reish Lakish): In every place, the four Amos around a person acquire for him.

(c)Question: What is the reason?

(d)Answer: Chachamim enacted this to avoid fights (to grab Metzi'os).

(e)Question #1 (R. Chiya bar Yosef - Mishnah): If Levi took some Pe'ah and threw it on the rest, this does nothing;

1.If he fell on it or threw his garment on it, others may take the Pe'ah from him.

2.The same applies to a forgotten sheaf (Shichechah).

3.Summation of question: If the four Amos around a person acquire for him, he should keep what he fell on!

(f)Answer #1: The case is, he did not say that his four Amos should acquire for him.

(g)Question: If Chachamim enacted, he should not need to say anything!

(h)Answer #2 (Abaye): By falling on it, he shows that he wants to acquire by falling, not through his four Amos.

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(i)Answer #3 (Rav Papa): Chachamim enacted four Amos in public areas, not in a private field.

1.Even though the Torah allows poor people to enter the field, this is only to take the Pe'ah, but it is not considered their field.

(j)Question #2 (Rav Idi bar Avin - Mishnah): If Reuven saw an Aveidah and fell on it, and Shimon grabbed it, Shimon keeps it.

1.If the four Amos around one acquire for him, he should keep what he fell on!

(k)Answer #1: The case is, he did not say that his four Amos should acquire for him.

(l)Question: If Chachamim enacted, he should not need to say anything!

(m)Answer #2: By falling on it, he shows that he wants to acquire by falling, not through his four Amos.

(n)Answer #3 (Rav Sheshes): Chachamim enacted four Amos only in a Simta (a corner next to Reshus ha'Rabim, where people make transactions), where it is not so crowded; but not in the main road.

(o)Question: Reish Lakish said that in every place, a person's four Amos acquire!

(p)Answer: 'In every place' comes to include the sides of a Reshus ha'Rabim.

3)ACQUISITION THROUGH ONE'S CHATZER

(a)(Reish Lakish): A (minor) girl does not acquire through her Chatzer, nor through her four Amos.

(b)(R. Yochanan): She acquires through her Chatzer and her four Amos.

(c)Question: What do they argue about?

(d)Answer: R. Yochanan holds that the Torah teaches that a Chatzer acquires like one's hand. Just like she has a hand (to acquire a Get), she has a Chatzer;

1.Reish Lakish holds that the Torah says that a Chatzer acquires like a person's Shali'ach. Just like a Shali'ach does not acquire for her (minors cannot make Sheluchim), her Chatzer does not acquire for her.

(e)Question: Does anyone hold that a Chatzer acquires like a person's Shali'ach?!

1.(Beraisa) Question: A thief is liable if the stolen object "is found in his hand." What is the source to include his roof, Chatzer or storage area?

2.Answer: The doubled verb "Himatzei Simatzei" includes them.

i.If they acquire (theft) like Sheluchim, they would be Sheluchim for an Aveirah. We hold that Ein Shali'ach l'Dvar Aveirah!

(f)Answer #1 (Ravina): Ein Shali'ach l'Dvar Aveirah only when the Shali'ach is liable for transgressing. A Chatzer is not liable, so (it can be a Shali'ach l'Dvar Aveirah, and) the person is liable for what the Chatzer acquires.

1.Question: If so, if Reuven told a (married) woman or a slave to steal, is Reuven liable because they are exempt?!

2.Answer: Women and slaves are liable, just they cannot pay now;

i.(Mishnah): If the slave was freed or the woman became divorced, he or she must pay.

(g)Answer #2 (Rav Sama): Ein Shali'ach l'Dvar Aveirah only when the Shali'ach can choose whether or not to comply. A Chatzer has no choice, so (it is a Shali'ach, and) the person is liable.

(h)Question: What is the difference between the two answers?

(i)Answer: They argue about a Kohen who told a Yisrael 'be Mekadesh a divorcee to me', or a man who told a woman 'cut a boy's sideburns for me';

1.Since they can choose whether or not to obey, Rav Sama exempts the Meshale'ach (the one who told them) for the Shali'ach's actions;

2.Since they are not liable for these actions, Ravina obligates the Meshale'ach for the Shali'ach's actions.

(j)Question: Does anyone hold that a Chatzer does not acquire like a person's hand?!

1.(Beraisa) Question: It says "(and he will give a Get) in her hand." What is the source to include her roof, Chatzer or storage area?

2.Answer: "And he will give" (is written before "her hand", suggesting that he can put it in other places as well).

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