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| Aug. 28, 2008 - 27 Av 5768 |
| Daf Yomi Gitin 48 |
5408/1648 Rav Yehoshua Charif Ab"d Krakow - Maginei Shlomo, SHu"T Pnei Yehoshua read more
5615/1855 Rav Avrohom Mordechai Alter read more
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Summary of:
The Daf
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Summary of the Daf
- 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. read more
1. Even though the field must be returned at Yovel and therefore the buyer only has a Kinyan Pe'iros, R. Yochanan holds that a Kinyan Pe'iros is like a Kinyan ha’Guf.
- Reish Lakish says that the buyer doesn’t read the Parshah of Bikurim because he holds that a Kinyan Pe'iros is not like a Kinyan ha’Guf. read more
Since he doesn’t have a Kinyan on the Guf of the land he can’t read the words of the Parshah ‘the land that You gave me.’
- 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. read more
Since he bought the tree without any land even according to R. Yochanan he may not read the Parshah of Bikurim because he doesn’t have any Kinyan on the land at all.
- If someone buys three trees in the land of his friend he brings Bikurim and may read the Parshah of Bikurim. read more
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.
- Reish Lakish agrees that when Klal Yisrael first entered Eretz Yisrael if someone sells his field the buyer reads the Parshah of Bikurim. read more
If a person is Makdish a Sadeh 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 Sadeh Mikneh (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 Sadeh Achuzah, the Machlokes is only when he was Makdish it before the father dies.
- 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 Sadeh Achuzah. read more
Since he holds that when brothers divide up the of their father they are regarded as buyers they only have a Kinyan Pe'iros and they would not read the Parshah of Bikurim if he held that a Kinyan Pe'iros is not a Kinyan ha’Guf
- 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 Pe'iros 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. read more
This is in accordance with the opinion that a Kinyan Pe'iros 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.
- A Bechor takes two portions in a field that is returned to the father’s estate at Yovel. read more
This is in accordance with the opinion that a Kinyan Pe'iros is not a Kinyan ha’Guf and therefore although the husband owns the Pei'ros he is not regarded as the owner of the property.
- 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.
- For property that was damaged Idiyos (the best property) is collected, a Ba'al Chov collects from Be'inonus (medium quality) and a Kesuvah is collected from Ziboris (poor quality)
- R. Me'ir says that a Kesuvah is collected from Be'inonus.
- It is forbidden to collect from Meshubadim (property that was sold) if Bnei Chorin (unsold property) is available even if it is Ziboris.
- When collecting from orphans one may only collect Ziboris.
- 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 Meshubadim.
- The food that is owed to a wife or to the daughters may not be collected from Meshubadim.
- Someone who finds a lost object doesn’t swear because of a Tikun ha’Olam.
- R. Yishma’el 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 v’Chomer that this also applies to Hekdesh.
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The Amoraim
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Summary of the Amoraim
- Machlokes R. Yochanan and Reish Lakish - Selling In Yovel read more
1. If you sell a field in the times of Yovel, you only have Kinyan Peiros since it will go back in Yovel. Therefore R. Yochanan who holds K'Kinyan HaGuf says you may say the Parsha of Bikurim while Reish Lakish does not allow it since it is not considered your land.
- Rav Chisda - Yovel Rishon read more
Even Reish Lakish agrees that in the first Yovel where no one expected that the sale would go back on Yovel, the buyer may say the Parsha of Bikurim.
- Rav Nachman b. Yitzchok - Kinyan HaGuf read more
R' Yehuda, R. Shimon, and R. Meir all hold K'Kinyan HaGuf. The machlokes of a field of a son who buys it from his father and is Makdish it before the fahter dies is related to the drasha of the pasukim.
- R. Asi (R. Yochanan) - Brothers in Yovel read more
Brothers that split their deceased fathers field are like buyers from each other and redivide it after Yovel.
- R. Yosef - R. Yochanan Must Hold K'Kinyan HaGuf read more
Since he holds that brother that split their fathers field are purchasers if he held that Kinyan Peiros in not Kinyan haGuf only a direct link to Yehoshua with only one son in each genration would be able to say the Parsha of Bikurim.
- Rava - Like Reish Lakish read more
Both the pasuk and a Braisa hold like Reish Lakish
- Abaye - Ba'al Need Power Of Attorney From His Wife read more
Since he only has Kinyan Peiros he needs Harsha'ah unless the Din Torah includes his Peiros. In that case he can argue about the Karka as well.
- Abaye - Iddis Of Mazik read more
Iddis of Nizak is Min HaTorah but Mipnei Tikun HaOlam we give him Iddis of Mazik.
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Yesterday: 2008-08-27 - Gitin 47 not yet ready | Last Week Gittin – 41 – If one made his field as an apotiki and it got flooded, can the lender collect from his other properties? click for answer |
 | Last Month Gittin – 18 - If a person said to ten people, "Write a Get for my wife," are they all required to sign? click for answer |
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 | Reish Lakish agrees that when Klal Yisrael first entered Eretz Yisrael if someone sells his field the buyer reads the Parshah of Bikurim, since they had not yet reached the first Yovel the seller was not completely confident that he would get his field back. How can it be that people did not know the Dinim of Yovel?
(Question of the Chasam Sofer) click for answer |  | 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. Why doesn’t he read the Parshah of Bikurim according to R. Yochanan who holds that a Kinyan Pe'iros is like a Kinyan Guf? (Question of Maharam) click for answer |  | If R. Yochanan did not hold that a Kinyan Pe'iros 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 Yehoshuah Bin Nun. According to R. Yochanan how does a field ever have a Din of a Sadeh Achuza unless he is only son who inherited from an only son all the way back to Yehoshuah Bin Nun.? (Question of Tosofos) click for answer |  | Why is Perek ha’Nizakin included in Meseches Gitin?(Question of Tosofos) click for answer |  | Why is it the Din that one may not collect from Meshubadim if there are Bnei Chorin available regarded as a Tikun ha’Olam? Min ha’Torah one may not collect all from Meshubadim according to the opinion that Shibud is not m’Deraysah! (Question of Tosfos) click for answer |
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Gitin 48Brief 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? Rashi...read more | | |
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| Gitin 48Quick Halacha YOVEL
When Shevet Reuven and Gad and half of Shevet Menashe were exiled the Dinim of Yovel no longer applied because Yovel only applies when the Shevatim are living in Eretz Yisrael and the...read more | | |
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| Gitin 48Lamdan 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. Why doesn’t he read the Parshah of Bikurim according to R. Yochanan who...read more | | |
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