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.

1)

A GET ON SOMETHING GROWING IN A FLOWERPOT

(a)

If Reuven owns a flowerpot and Shimon owns what is growing in it, and Reuven sells the pot to Shimon, Shimon can acquire it through Meshichah (taking it to his property);

1.

If Shimon sells what is growing inside to Reuven, Reuven can acquire only through Chazakah on the vegetation.

(b)

If Reuven owns a flowerpot and what is growing in it, and he sells both to Shimon, Shimon can acquire both by making Chazakah on the vegetation;

1.

(Mishnah): Property without Acharayus (a lender cannot collect from it if the borrower sold it, i.e. Metaltelim) can be acquired along with property with Acharayus (a lender can collect from it even after it was sold, i.e. land), through (a Kinyan on the land, i.e.) money, a document, or Chazakah.

2.

If Shimon makes a Chazakah on the flowerpot, he does not acquire anything, unless he makes Chazakah on the vegetation.

(c)

(Abaye): If the hole of a flowerpot is in Eretz Yisrael, and the foliage is in Chutz La'aretz, we follow the hole. (It is as if the plant is growing in Eretz Yisrael regarding Ma'aser and other agricultural laws.)

(d)

(Rava): We follow the foliage. (It is as if it is growing in Chutz La'aretz.)

(e)

They argue only if the plant did not take root in the ground (through the hole. If it did, Rava would agree with Abaye.)

(f)

Question #1: There is no necessity to say this. Tana'im argue about whether we follow the roots or the foliage! (Rava could hold like the Tana who follows the foliage even when it took root!)

1.

(Mishnah - R. Meir): If Reuven owns a garden on a hill, and Shimon owns a garden at the bottom, and vegetables are growing on the incline (the side of the hill), they belong to Reuven;

2.

R. Yehudah says, they belong to Shimon (even though they are rooted in Reuven's hill)!

(g)

Answer: The Mishnah itself explains their reasons (they do not argue about following the roots or the foliage):

1.

R. Meir says, if Reuven would remove his soil, nothing would grow (so the vegetables are due to him);

2.

R. Yehudah says, if Shimon would fill his airspace with soil, nothing would grow.

(h)

Question #2: The following Tana'im follow the foliage. (Rava could hold like them!)

1.

(Beraisa - Rebbi): If a tree is partially in Eretz Yisrael, and partially in Chutz La'aretz, part of every fruit is obligated in Ma'aseros, and part is exempt;

2.

R. Shimon ben Gamliel says, the fruits that grow in Eretz Yisrael are fully obligated. Those that grow in Chutz La'aretz are fully exempt.

3.

Suggestion: Some of the foliage is in Eretz Yisrael, and the rest in Chutz La'aretz (It does not matter whether the roots are totally in Eretz Yisrael or totally in Chutz La'aretz.)

(i)

Answer: No, also the roots are partially in Eretz Yisrael, and partially in Chutz La'aretz. (If all the roots were in one place, all would follow them.)

(j)

Question: If we follow the roots, R. Shimon ben Gamliel should admit that each fruit is partially obligated and partially exempt!

(k)

Answer: Rocky ground separates the two sides. The nourishment derived from the roots in Eretz Yisrael does not pass to the side in Chutz La'aretz (and vice-versa).

(l)

Question: If so, what is Rebbi's reason?

(m)

Answer: Both sides of the tree enter the trunk, and there the nourishment from both sides is mixed together;

1.

Rebbi holds that the nourishment mixes even above ground. R. Shimon ben Gamliel holds that it does not mix.

2)

THE PARCHMENT FOR WRITING A GET

(a)

(Mishnah - R. Yehudah ben Beseira): (We do not write on a parchment that has already been erased...)

(b)

(R. Chiya bar Asi): There are three hides: Matzah, Chifah and Diftara.

(c)

Matzah is a hide that was not salted or treated with flour or gall-nuts;

1.

Question: What law is special to Matzah?

2.

Answer (Rav Shmuel bar Yehudah): One who transfers (from a private domain) to a public domain (or carries four Amos in a public domain) a Matzah hide large enough to wrap a small weight is liable for transgressing Shabbos.

3.

Question: What is the size of this weight?

4.

Answer: It is the smallest weight of Pumbadisa.

(d)

Cheifah is a hide that has been salted but not treated with flour or gall-nuts.

1.

(Mishnah): If a Cheifah hide is large to write an amulet, and one transfers it to (or carries it four Amos in) a public domain, he is liable for transgressing Shabbos.

(e)

Diftara is a hide that has been salted, and treated only with flour, but not with gall-nuts.

1.

(Mishnah): If a Diftara hide is large to write a Get, and one transfers it to (or carries it in) a public domain, he is liable for transgressing Shabbos.

(f)

(Mishnah): Chachamim permit (erasable parchments).

(g)

Question: Who are these Chachamim?

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

(h)

Answer (R. Elazar): They hold like R. Eliezer, who says that Edei Mesirah Karsei (so we do not care whether or not it is forgeable).

(i)

(R. Elazar): R. Eliezer only permits this if the witnesses testify immediately about the giving of the Get. If they come within the next 10 days, it is Pasul.

1.

We are concerned lest there was a Tanai (stipulation) written in the Get, and it was later erased and the witnesses forgot it.

(j)

(R. Yochanan): Even if witnesses come within the next 10 days, it is valid.

1.

If there were a Tanai, the witnesses would remember it.

(k)

(R. Elazar): R. Eliezer permits only Gitin (on forgeable parchment), but not monetary documents.

1.

Regarding monetary documents it says "you will put them in an earthenware Kli, in order that they will last a long time." (They must be unforgeable, so they will be valid for a long time, even after the witnesses forget what was written.)

(l)

(R. Yochanan): R. Eliezer permits even monetary documents.

(m)

Question: It says "in order that they will last a long time"!

(n)

Answer: That is merely good counsel (to put them in an earthenware Kli).

3)

ANYONE CAN WRITE A GET

(a)

(Mishnah): Anyone can write a Get, even a deaf person, lunatic or minor.

(b)

A woman can write her own Get. A husband can write the receipt (in which his wife admits that she received the Kesuvah), since Kiyum of a document is only through its signatures.

(c)

(Gemara) Question: Why is the Get of a deaf person, lunatic or minor valid? They lack Da'as (understanding)!

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