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GITIN 51

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12th CYCLE DEDICATION
GITIN 51 (30 Av) - Today's study material has been dedicated by Al and Sophie Ziegler of Har Nof, Yerushalayim, in honor of the Yahrzeit of Al's father, Bernard B. Ziegler - Binyamin Baruch ben Avraham (and Miryam), which occurs on 30 Menachem Av.

SUMMARY

R. Yochanan says that if someone dies and leaves over two daughters and a son, if after the first daughter collected a tenth of the property for her dowry the son dies the second daughter does not collect a dowry. (1)
 
R. Chaninah holds that the second daughter collects a dowry of ten percent before they split up the property.
 
The daughters may collect their dowry that is owed to them from the estate of their father even from Meshbadim.
 
The daughters may not collect Mezonos that is owed to them by the brothers from Meshu'abadim.
 
If a husband commits to supporting the daughter of his wife for five years and than he dies she collects the Mezonos from Meshu'abadim. (2)
 
One Tana holds that when a stolen property is taken by the Nigzal from the buyer of the Gazlan the improvements may be collected from Meshu'abadim if the land was bought after the improvements were made.
 
A second Tana holds that the improvements may not be collected from Meshu'abadim at all because they were not written in the Shtar.
 
Rebbi Yosi holds that the improvements may not be collected from Meshu'abadim at all because they are not a fixed amount.
 
R. Yitzchak says that if Reuven claims that Shimon found two purses that were tied together and Shimon says that I found only one he must swear.(3)
 
If Reuven claims that Shimon found two oxen that were tied together and Shimon says that I found only one he does not have to swear. (4)
 
If Reuven claims that Shimon found two oxen that were tied together and Shimon says that I found them and I returned one of them he must swear.
 
R. Eliezer Ben Yakov says that if someone says that I had a Manah of your father and I returned half of it he must swear a Shevu'as Modeh b'Miktzas.
 
The Chachamim hold that he does not have to swear because he is regarded as a Meshiv Aveidah. (5)
 
A person does not swear on a claim made by a deaf-mute, insane person or a Katan.
 
Rabah says that someone who is Modesh b'Miktzas must swear because a person does not have the audacity to deny the entire Chov. (6)
 
R. Eliezer Ben Yakov holds that a person does not have the audacity to deny a Chov to the son, but the Chachamim argue.

A BIT MORE

1. When a son inherits property from his father he must pay for the dowry of his sisters an amount that is equal to ten percent of the inheritance. If the son dies after one daughter collected her dowry and now the daughters inherit the property from their brother (in the event that the brother did not have children) the second daughter does not have the right to take ten percent of the property for her dowry according to R. Yochanan.
 
2. Even though his own daughters only collects from Bnei Chorin the daughter of the wife collects from Meshu'abadim because she is regarding as a Ba'al Chov.
 
3. He must swear a Shevu'as Modeh b'Miktzas. Even though someone who finds a lost object does not have to swear, however if the loser of the object makes a Ta'anas Bari (a definitive claim) R. Yitzchak holds that he does have to swear.
 
4. Because it is not a definitive claim since the oxen may have pulled themselves apart and they were no longer tied to each other.
 
5. Because the claim was made by the son and a person has the audacity to deny the entire Chov to the son according to the Chachamim and since he admitted half of it he is a Mashiv Aveidah.
 
6. Although we suspect him of lying about half of the Chov we do not suspect that he will swear falsely because he is only denying half of the Chov in order to buy some time until he has the money to pay off the Chov.

BRIEF INSIGHT

REMARRYING TWICE
 
The Gemara says that sometimes a person's own daughters were alive at the time that he made a Kinyan for the daughter of the wife from a previous marriage; for example if he divorced his wife and remarried her. The Chasam Sofer asks that Rashi says in Yevamos that once a woman is divorced twice she may not remarry. If the husband divorced her she has now been divorced twice and he may not remarry her! The Chasam Sofer answers that she may get remarried to the same husband even if she was divorced twice.

QUICK HALACHAH

TWO PURSES
 
If someone finds a lost object he does not swear because of a Tikun ha'Olam because if he did have to swear he would not want to pick up the lost object. Even if he finds a purse and the owner says that there were two purses tied together and it is impossible to find one purse without the other he does not have to swear. (Shulchan Aruch CM 267:27)
 
However if the owner claims I saw you pick up two purses he does not have a Din of someone who found a l0ost object and it is treated like any other claim between two people. (Sm'a)

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