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GITIN 47

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12th CYCLE DEDICATION
GITIN 47 (26 Av) - Dedicated in honor of the Yahrzeit of Aharon Tzvi ben Simcha Ha'Levy Fleck by his son, Avraham Fleck of Yerushalayim.

SUMMARY

If someone sells himself and his children three times to Nochris we don't ransom them but we ransom the sons after the death of the father.
 
If their lives are in danger we ransom them even though they sold themselves may times to Nochris
 
If a person eats non-Kosher l'Hachis (even when Kosher food is available) we do not ransom him even when his life is in danger.
 
If someone sells his field in Eretz Yisrael to Nochris he must buy back the fruit for the Bikurim every year because of a Tikun ha'Olam. (1)
 
Rabah says that if land is sold to a Nochri in Eretz Yisrael the produce from the field is Chayav in Ma'aser. (2)
 
R. Elazar says that if land is sold to a Nochri in Eretz Yisrael the produce from the field is Patur from Ma'aser but the Kinyan does not allow the Nochri to dig wells in the land.
 

 
It is a Machlokes if produce that was in the hands of a Nochri at the time of Miru'ach (the finishing touches on the piles of grain) is Chayav in Ma'aser.
 
The Leket, Shichechah and Pe'ah of a Nochri is Chayav in Ma'aser unless he was Mafkir it. (3)
 
If a Yisrael purchased a field from a Nochri before the produce had grown to a third and he sold it back to him after it had grown a third it is Chayav in Ma'aser
 
.
 
Rabah agrees that land that is owned in Suriyah by a Nochri is Patur from Ma'aser according to the opinion that Kibush Yachid is not a Kibush.
 
If a Yisrael and a Nochri are partners in a field the produce is a mixture of Tevel and Chulin according to Rebbi.
 
R. Shimon Ben Gamliel holds that the produce of the Yisrael is Tevel and of the Nochri is Chulin. (3)
 
If a field is sold only for its fruit, according to R. Yochanan the buyer may bring Bikurim and read the Parshah of Bikurim because a Kinyan Peiros is a Kinyan ha'Guf.
 
Reish Lakish holds that the buyer may bring Bikurim but he may not read the Parshah of Bikurim because a Kinyan Peiros is not like a Kinyan ha'Guf. (4)
 
A person may bring the Bikurim of his wife and read the Parshah of Bikurim.
 
If a person sends his Bikurim with a Shali'ach and the Shali'ach dies on the way he may bring the Bikurim but he may not read the Parshah of Bikurim.

A BIT MORE

1. The Tikun ha'Olam is so that people will not sell land to Nochris and if they do they will make the effort to buy it back.
 

 
2. However the land does belong to the Nochri and he may dig wells in the land.
 
3. R. Shimon Ben Gamliel holds Yesh Bereirah and therefore after they split the produce the fruit that ends up with the Yisrael was his from the beginning and therefore it is Tevel and the produce that ends up with the Nochri was his from the beginning and therefore it is Chulin.
 
4. Since he does not have a Kinyan on the Guf of the land he cannot read the words of the Parshah that states the land that You gave me.

BRIEF INSIGHT

SELLING ONESELF TO CANNIBALS
 
Reish Lakish sold himself to cannibals and he managed to extricate himself by pounding them one time and a half. The Chasam Sofer explains that this story is symbolic of our struggle with the evil inclination. Chazal teach us that we shall learn Torah and recite Kri'as Shema as a means to vanquish the evil inclination and if that is not effective we should remind ourselves of the day of our death. Although reminding oneself of the day of death is not effective for evildoers who use the day of death as a reason for living it up as anyway they will soon die so they may as well live it up while they are still alive, however if the first learn Torah and read Kri'as Shemah the reminder of the day of death will have the proper effect. The entire world sells themselves to the evil inclination who is a cannibal and eats us alive and the only way for a person to escape his clutches is by pounding him a time and a half. We first must pound him with Torah and Keri'as Shemah and than we must pound him another half time by reminding oneself of the day of death. The latter is only regarded as a half time because for many a reminder of the day of death it is not effective on its own and only works after learning Torah and reciting Keri'as Shemah.

QUICK HALACHAH

A KING'S RANSOM
 
If someone sells himself and his children three times to Nochris or if he borrowed from them and they were captured because of their failure to repay the first couple times we ransom them but the third time we do not ransom them, but we ransom the sons after the death of the father. If their lives are in danger we ransom them even if they have sold themselves many times. (Rambam Hilchos Matanas Aniyim 8:13)

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