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GITIN 22

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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.

SUMMARY

Abaye says that if a Get is written on a leaf on a perforated flower pot it is Kosher, but Rava says it is Pasul because of a Gezeirah that the leaf will be cut off before it is given to her.
 
A person can be Koneh a flowerpot with Meshichah, but the plants in a perforated flowerpot can only be acquired with Chazakah (or with Kesef).
 
If a person buys a flowerpot together with the plant he is Koneh both the pot and the plants by making a Chazakah on the plants. (1)
 
Abaye says that if the hole in a flowerpot is in Eretz Yisrael and the branches are in Chutz la'Aretz the fruit is Chayav in Ma'aser.
 
Rava says that since the branches are in Chutz la'Aretz the fruit is Patur from Ma'aser. (2)
 
If a plant grows on a slope between two gardens and the roots are in the upper garden and the branches are in the lower field R. Meir says that it belongs to the upper garden and Rebbi Yehudah says that it belongs to the lower garden. (3)
 
Rebbi says that if a tree is partially in Eretz Yisrael and partially in Chutz la'Aretz the fruit of the tree is partially Tevel and partially Chulin.
 
R. Shimon Ben Gamliel says that the fruit that grows from the roots in Eretz Yisrael are Chayav in Ma'aser and the fruit that grows from the roots in Chutz la'Aretz are Patur from Ma'aser.
 
The Shi'ur for carrying an unprocessed hide of an animal is the size that is needed to wrap a small weight.
 
The Shi'ur for carrying a partially processed hide of an animal is the size that is used for an amulet.
 
The Shi'ur for carrying a processed hide of an animal is the size that is used to write a Get.
 
According to R. Elazar signatures are not required for a Get and instead Eidei Mesirah (witnesses who saw the husband give her the Get) are required.
 
R. Elazar holds that a Get may be written on parchment that can be erased. (4)
 
Reish Lakish holds that even according to R. Elazar a Get that is written on parchment that can be erased is only Kosher if she brings it immediately into a Beis Din for permission to remarry. (5)
 
R. Yochanan holds that even if she brings the Get to Beis Din after ten days she may get remarried because the Eidei Mesirah will remember if there was a condition in the Get.
 
Reish Lakish holds that even according to R. Elazar only a Get may be written on parchment that can be erased but not Shetaros, but R. Yochanan argues.
 
Everyone may write a Get even a deaf-mute, insane person and a minor.
 
A woman writes her Get and the husband writes the receipt (for the Kesuvah).

A BIT MORE

1. This is a Kinyan Agav; although a Chazakah is not a Kinyan for the pot, but since the Kinyan is effective for the plants he is Koneh the pot along with it.
 
2. However Rava agrees that if the plant takes root in Eretz Yisrael the produce is Chayav in Ma'aser.
 
3. The logic of R. Meir is that if the owner of the upper garden took away his dirt the plant would no longer exist. The logic of Rebbi Yehudah is that if the lower garden fills up his garden with dirt the plant would no longer exist.
 
4. Since Eidei Mesirah are required and they must read the Get there is no concern that she will erase a condition that is in the Get.
 
5. However if she waits ten days before bringing it into Beis Din she may not get remarried with this Get because we are concerned that she erased a condition and the Eidei Mesirah no longer recall that there was a condition in the Get.

BRIEF INSIGHT

DETACHING FROM THE GROUND
 
Abaye says that if a Get is written on leaf in a perforated flower pot it is Kosher. The Ran says that the husband must give her the Get in a place that the plant is not drawing nourishment from the ground because otherwise she is not Koneh the leaf because a plant that is attached to the ground cannot be acquired with Meshichah. Based on this the Ran asks that removing the plant from where it receives nourishment from the ground is a transgression of Telishah (uprooting) on Shabbos and therefore it should not be a Kosher Get, because a Get that is uprooted from the ground after it is written is not valid. The Ran answers that although for Shabbos removing a perforated pot from where it draws nourishment is regarded as Telishah but with respect to a Get it is not regarded as Telishah since it is not a perceptible Telishah and when he takes it from where it is drawing nourishment and gives it to her he is not doing anything that is different than a normal Mesirah of a Get.

QUICK HALACHAH

A LEAF IN A FLOWERPOT
 
If the Get is written on a leaf that is planted in a perforated flowerpot even though he gave her the entire pot the Get is Pasul; because of a Gezeirah that he might cut off the leaf. But the Get may be written on the earthenware pot and given to her. (Rambam Hilchos Gerushin 1:8)
 
If the Get is written on a leaf that is planted in a non-perforated flowerpot the Get is Kosher even if the leaf is cut off prior to being given to her and similarly the Get may be written on a parchment and it is Kosher even if part of the parchment is cut away prior to the Get being given to her. (Lechem Mishneh in the name of the Tur)

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