GITIN 22 (23 Teves) - Dedicated l'Zecher Nishmas Nachum (Nathan) ben Shlomo Dovid Mosenkis, whose was Niftar on 23 Teves 5700, by his son Shlomo Dovid (Sid) Mosenkis.

[22a - 43 lines; 22b - 14 lines]

1)[line 2]יקטוםYIKTOM- he will detach [the leaf, in which case there was an interim stage of detaching it from the ground between the writing of and Get and its delivery]

2)[line 3]וזרעיםZERA'IM- the seeds growing in the pot

3)[line 4]כיון שמשך קנה... לא קנה עד שיחזיק בזרעיםKEIVAN SHE'MASHACH KANAH... LO KANAH AD SHE'YACHZIK B'ZERA'IM

(a)When a person buys or sells an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status). The forms of Ma'aseh Kinyan that may be used are: for Metaltelin (mobile goods) - 1. Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an item to move; 3. Chatzer, i.e. bringing the item into one's domain; for Mekarka'in (immobile goods) - Chazakah, i.e. performing an act that is normally performed by an owner.

(b)Examples of Chazakah are Na'al (locking), Gadar (fencing in), and Paratz (making a breach in a fence to create an entrance) or any act that is done to enhance the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).

(c)The Atzitz Nakuv (a flowerpot with a drainage hole) is a mobile object and Meshichah may be used to purchase it. The plants in the Atzitz Nakuv, however, are considered Halachically to have the same status as Karka (land), and a Chazakah is needed to purchase them. Examples of acts that enhance the plants in an Atzitz Nakuv are weeding or turning the soil.

4)[line 7]נכסים שאין להם אחריות נקנין עם נכסים שיש להן אחריות בכסף ובשטר ובחזקהNECHASIM SHE'EIN LAHEM ACHRAYUS NIKNIN IM NECHASIM SHE'YESH LAHEM ACHRAYUS B'CHESEF UV'SHTAR UV'CHAZAKAH

(a)When a person purchases Nechasim she'Yesh Lahem Achrayus (immobile goods such as land) along with Nechasim she'Ein Lahem Achrayus (mobile goods such as a flowerpot), as soon as he makes a Kinyan of Kesef (paying money), Shtar (handing over a contract), or Chazakah (enhancing the land with the intention of buying it) on the land, he concurrently buys the mobile goods, also (Kidushin 26a and RASHI ibid.).

(b)The word Achrayus in this context means that people will trust a borrower who owns land since they can expect to extract payment from the land should the borrower not have the money to pay back his loan (RASHI ibid.).

5a)[line 11]נקבו בארץNIKVO BA'ARETZ- if the drainage hole of the flowerpot is in Eretz Yisrael where the laws of Terumos and Ma'asros apply

b)[line 11]ונופו בחוצה לארץV'NOFO B'CHUTZAH LA'ARETZ- and its branches are outside of Eretz Yisrael

6)[line 12]בתר נקבו אזלינןBASAR NIKVO AZLINAN- we go after the foliage

7)[line 13]בדאשרוש כולי עלמא לא פליגיBED'ASHRUSH KULEI ALMA LO PELIGI- when the plants have taken root [through the drainage hole of the flowerpot, into the ground of Eretz Yisrael]

8a)[line 15]שתי גנות זו על גב זוSHTEI GINOS ZU AL GAV ZU- lit. two gardens one on top of the other; one owns a garden on a hill and the other owns a garden at the bottom and vegetables are growing on the incline (the side of the hill)

b)[line 15]וירק בינתיםV'YEREK BEINTAYIM- and vegetables are growing on the incline (the side of the hill)

9a)[line 22]טבלTEVEL (TERUMOS AND MA'ASROS)

(a)After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon" and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(c)A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.

(d)The tithe that is separated during the first, second, fourth, and fifth years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be brought to and eaten by its owner in Yerushalayim.

(e)Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional fifth (of the ensuing total, or a quarter of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.

b)[line 22]וחוליןCHULIN- produce grown outside of Eretz Yisrael (Chutz la'Aretz) does not need to have Terumos and Ma'asros removed from it, and as such, it is considered Chulin from its inception.

10)[line 22]מעורבין זה בזהME'URAVIN ZEH BA'ZEH- if a tree is partially in Eretz Yisrael and partially in Chutz La'aretz, part of every fruit is obligated in Ma'aseros

11)[line 23]בחיובB'CHIYUV- the fruit is obligated in Ma'aser

12)[line 27]דמפסיק צונמאD'MAFSIK TZUNMA- a rock or very hard soil interrupts it

13)[line 28]דרבי דהדריD'HADREI ARVEI- the saps mix again higher up

14)[line 28]מר סבר אוירא מבלבלMAR SAVAR AVIRA MEVALBEL- one maintains that the air mixes the saps

15)[line 31]שלש עורות הןSHALOSH OROS HEN- there are three types of skins that are distinguishable by name and size

16)[line 32]מצה כמשמעוMATZAH K'MASHMA'O- Matzah as its name implies

17a)[line 33]מליחMELI'ACH- processed with salt

b)[line 33]קמיחKAMI'ACH- soaked in flour and water

c)[line 33]אפיץAPITZ- processed with ground gall-nuts

18)[line 33]למאי הלכתאL'MAI HILCHESA?- what bearing does this distinction have upon theHalachah?

19)[line 34]להוצאת שבתL'HOTZA'AS SHABBOS (HOTZA'AH)

(a)Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It involves either 1. transferring objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim (public domain), 2. Hachnasah, which refers to transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid, 3. Ma'avir Arba Amos bi'Reshus ha'Rabim, or carrying an object from one place in Reshus ha'Rabim to another over a distance of at least four Amos, 4. Moshit, which involves passing an object from one Reshus ha'Yachid to another through Reshus ha'Rabim (as described in the Mishnah Shabbos 96a, see Background to Shabbos 4a). These are all Biblical prohibitions.

(b)In order to transgress the Biblical prohibition of Hotza'ah, certain conditions must be met. An Akirah (initiation of movement) and a Hanachah (putting the object to rest) must be performed on the object by the same person. If one person does the Akirah and another does the Hanachah, only a Rabbinical prohibition is involved, as the Gemara states in Shabbos 3a.

(c)One transgresses the Biblical prohibition of Hotza'ah only if he picked up the object which he moved (Akirah) with the intention of placing it down again in another Reshus. If he decides to place it in another Reshus only after picking it up, he has not transgressed a Biblical prohibition, and hence he need not bring a Korban Chatas for atonement.

(d)One transgresses the prohibition of Hotza'ah only if the object transferred has a certain minimum size. The Mishnah (Shabbos 75b) describes this size as "anything that is normally put away for human use and people do put away this amount of it."

20)[line 35]כדי לצור משקל קטנהKEDEI LATZUR MISHKAL KETANAH- enough to tie up in it a small weight

21)[line 36]ריבעא דריבעא דפומבדיתאRIV'A D'RIV'A D'PUMBEDISA- a quarter of a quarter-Litra of Pumbedisa

22)[line 39]קמיעKAMEI'A- amulet, charm

23a)[last line]מאן חכמיםMAN CHACHAMIM- who are the Chachamim; i.e. who is the sage that agrees that the witnesses to the delivery make the Get effective?

22b----------------------------------------22b

b)[line 1]ר' אלעזר היאREBBI ELAZAR HI- it is Rebbi Elazar, who maintains that the witnesses to the delivery of the get make it effective

24)[line 2]לאלתרL'ALTER- immediately

25)[line 3]דילמא הוה ביה תנאה וזייפתיהDILMA HAVAH BEI TENA'AH V'ZIYAFTEI- because in that case we have to consider the possibility that there was some condition in it and she altered it.

26)[line 6]מידכר דכיריMIDKAR DECHIREI- they will remember it

27)[line 7]"[... לקוח את הספרים האלה את ספר המקנה הזה ואת החתום ואת ספר הגלוי הזה] ונתתם בכלי חרש למען יעמדו ימים רבים""[... LAKO'ACH ES HA'SEFARIM HA'ELEH, ES SEFER HA'MIKNAH HA'ZEH, V'ES HE'CHASUM V'ES SEFER HA'GALUY HA'ZEH,] U'NESATAM BI'CHLI CHARES; L'MA'AN YA'AMDU YAMIM RABIM."- "[... Take these documents, this deed of the purchase, both that which is sealed, and this open deed,] and put them in an earthen vessel; so that they may last for many days." (Yirmeyahu 32:14)

28a)[line 11]חרשCHERESH- a deaf mute

b)[line 11]שוטהSHOTEH - (lit. a fool) a person who is mad or deranged

(a)A person is classified as a Shoteh if he regularly, because of madness, destroys or loses that which is given to him, sleeps in a cemetery, goes out alone at night, or tears his clothes (Chagigah 3b). According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form of irrational behavior.

(b)A Shoteh is exempt from performing Mitzvos and is not punished for his transgressions. His purchases and sales are meaningless and are not binding.

c)[line 11]וקטןV'KATAN- and a minor (a boy under the age of 13 and a girl under the age of 12)

29a)[line 12]האשה כותבת את גיטהHA'ISHAH KOSEVES ES GITAH- the woman writes her Get [so that her husband cannot claim that he cannot afford the scribe's fee, and then she gives it to her husband for him to divorce her with]

b)[line 12]והאיש כותב את שוברוVEHA'ISH KOSEV ES SHOVRO- and the man writes his receipt [that attests that his wife has received the payment of her Kesuvah (see Background to Kesuvos 7:4), after which he gives it to his wife and then receives it back from her when appropriate]

30)[last line]והא לאו בני דיעה נינהוV'HA LAV BNEI DE'AH NINHU!- but these are not people with intelligence!

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