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GITIN 48

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SUMMARY

R. Yochanan says that if someone sells his field during the period that Yovel is in effect the buyer brings Bikurim and reads the Parshah of Bikurim. (1)
 
Reish Lakish says that the buyer does not read the Parshah of Bikurim because he holds that a Kinyan Peiros is not like a Kinyan ha'Guf. (2)
 
If someone buys one tree together with some land the buyer brings Bikurim and reads the Parshah of Bikurim.
 
If someone buys two trees that are in the land of his friend he brings Bikurim, but he may not read the Parshah of Bikurim. (3)
 
If someone buys three trees in the land of his friend he brings Bikurim and may read the Parshah of Bikurim. (4)
 
Reish Lakish agrees that when Klal Yisrael first entered Eretz Yisrael if someone sells his field the buyer reads the Parshah of Bikurim. (5)
 
It is a Machlokes Tana'im if a person buys a field from his father and after he is Makdish it his father dies if it has a Din of a Sedeh Achuzah. (6)
 
R. Yochanan holds that when brothers split up an inheritance they are regarded as buyers and they must return the land to their brothers at Yovel
 
If R. Yochanan did not hold that a Kinyan Peiros is a Kinyan ha'Guf no one would read the Parshah of Bikurim unless he is only son who inherited from an only son all the way back to Yehoshua Bin Nun. (7)
 
A Bechor takes two portions in a field that is returned to the father's estate at Yovel. (8)
 
Abaye says that a husband may litigate for the property of his wife without a Harsha'ah (power of attorney) unless the dispute is regarding the fruit as well. (9)
 
For property that was damaged Idiyos (the best property) is collected, a Ba'al Chov collects from Beinonis (medium quality) and a Kesuvah is collected from Ziburis (poor quality)
 
R. Meir says that a Kesuvah is collected from Beinonis.
 
It is forbidden to collect from Meshu'abadim (property that was sold) if Bnei Chorin (unsold property) is available even if it is Ziburis.
 
When collecting from orphans one may only collect Ziburis.
 
When a stolen property is taken from the buyer of the Gazlan he may not collect for the improvements that he made and the fruit of the land from Meshu'abadim.
 
The food that is owed to a wife or to the daughters may not be collected from Meshu'abadim.
 
Someone who finds a lost object does not swear because of a Tikun ha'Olam.
 
R. Yishmael holds that a person who is damaged collects a field that is equal to the best field of the Nizak (the person who was damaged).
 
R. Akiva holds that he collect the best field of the Mazik (the person who caused the damage) and it is a Kal va'Chomer that this also applies to Hekdesh.

A BIT MORE

1. Even though the field must be returned at Yovel and therefore the buyer only has a Kinyan Peiros, R. Yochanan holds that a Kinyan Peiros is like a Kinyan ha'Guf.
 
2. Since he does not have a Kinyan on the Guf of the land he cannot read the words of the Parshah 'the land that You gave me.'
 
3. Since he bought the tree without any land even according to R. Yochanan he may not read the Parshah of Bikurim because he does not have any Kinyan on the land at all.
 
4. Because when a person buys thee trees he also receives the land between and around the trees.
 
5 Since they had not yet reached the first Yovel the seller was not completely confident that he would get his field back.
 
6. If a person is Makdish a Sedeh Achuzah (an inherited field) and the Gizbar of Hekdesh sells it to someone else it may no longer be redeemed and at Yovel it is divided up among the Kohanim. If a person is Makdish a Sedeh Miknah (a purchased field) and the Gizbar of Hekdesh sells it to someone it is given back to the original owner at Yovel. Everyone agrees that a field that is bought from the father and the father dies prior to the Hekdesh of the field has a Din of a Sedeh Achuzah, the Machlokes is only when he was Makdish it before the father dies.
 
7. Since he holds that when brothers divide up the of their father they are regarded as buyers they only have a Kinyan Peiros and they would not read the Parshah of Bikurim if he held that a Kinyan Peiros is not a Kinyan ha'Guf
 
8. This is in accordance with the opinion that a Kinyan Peiros is not a Kinyan ha'Guf and therefore the father retained a Kinyan ha'Guf on the property and the Bechor has a right to a double portion.
 
9. This is in accordance with the opinion that a Kinyan Peiros is not a Kinyan ha'Guf and therefore although the husband owns the Peiros he is not regarded as the owner of the property.

BRIEF INSIGHT

YOVEL AND THE ASERES HA'SHEVATIM
 
R. Yochanan says that if someone sells his field during the period that Yovel is in effect the buyer brings Bikurim and reads the Parshah of Bikurim. In what period was Yovel was in effect? Rash holds from the time that the ten tribes were exiled toward the end of the second Beis ha'Mikdash Yovel was never again in effect because Yovel is only in effect the when most of Klal Yisrael lives in Eretz Yisrael. Therefore Yovel was not in effect during the entire period of the second Beis ha'Mikdash since the ten Shevatim remained in exile. However Tosfos holds that as long as some people from each Shevet are living in Eretz Yisrael Yovel is in effectibve even if most of Klal Yisrael is in exile. Therefore after Yirmeyahu brought back some people from the ten Shevatim Yovel was again in effect and remained in effect throughout the second Beis ha'Mikdash.

QUICK HALACHAH

YOVEL
 
When Shevet Reuven and Gad and half of Shveet Menashe were exiled the Dinim of Yovel no longer applied because Yovel only applies when the Shevatim are living in Eretz Yisrael and the Shevatim are living in their portion of Eretz Yisrael and are not mixed up among each other. (Rambam Hilchos Shemitah v'Yovel 10:8)

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