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Bava Metzia 11

BAVA METZIA 11-17 - This study material has been produced with the help of the Israeli ministry of religious affairs.


(a) (Mishnah): Reuven saw people chasing a lost object in his field, e.g. after a lame deer, or chicks that cannot flutter, and said 'my field should acquire for me' - he acquires;
1. If they were chasing a healthy deer or chicks that can flutter, saying 'my field should acquire for me' does nothing.
(b) (Gemara - Rav Yehudah): This is only when he Reuven is standing by his field.
(c) Question: His field should acquire for him (even if he is not there)!
1. (R. Yosi bar Chanina): A man's field acquires for him without his knowledge.
(d) Answer: That is only when it is guarded; if not, it only acquires if he is there.
(e) Question: How do we know this?
(f) Answer (Beraisa): Reuven was in the city. He said, 'I know that workers forgot a sheaf in my field - it should not be Shichechah (a forgotten sheaf, which must be left for the poor)' - one might have thought, it is not Shichechah - "And you will forget a sheaf in the field" - when you forget (when you are) in the field, not when you forget in the city.
1. Question: By saying 'one might have thought, it is not Shichechah', this implies that it is Shichechah - but the verse is expounded to teach that in the city it is not Shichechah!
2. .Answer: We expound, in the field, it is only Shichechah if it was forgotten from the beginning, not if it was remembered and then forgotten;
i. Question: Why is this?
ii. Answer: Since he is there, his field acquires for him.
3. In the city, even if he remembered and then forgot it, it is Shichechah.
i. Question: Why is this?
ii. Answer: Since he is not there, his field does not acquire for him.
4. Suggestion: Perhaps the Torah decreed that it is only Shichechah when he is in the field, not when he is in the city!
5. Rejection: "Do not return to take it" - this includes Shichechah when he is in the city.
6. Question: That verse is needed, to teach that one who takes it transgresses a Lav!
7. Answer #1: It could have said "Do not take it" to make it a Lav; by saying "Do not return", it also includes Shichechah of the city.
8. Question: We need "Do not return" to teach a different law!
i. (Mishnah): What is in front of (one harvesting) is not Shichechah; what is in back of him is Shichechah, for "Do not return" applies to it;
ii. The general rule is, Shichechah is only when "Do not return" applies.
9. Answer #2 (Rav Ashi): "It will be" includes Shichechah of the city.
(a) (Ula and Rabah bar bar Chana): The field only acquires when he is standing by it.
(b) Question (R. Aba - Mishnah): There was an episode in which R. Gamliel was on a boat with R. Yehoshua and R. Akiva. He said 'the tithe I will separate (as Ma'aser Rishon) is given to R. Yehoshua; the area it rests on is rented to him'

(c) 'The second tithe I will separate (as Ma'aser Oni) is given to R. Akiva; who will acquire on behalf of the poor; the area it rests on is rented to him'
1. R. Yehoshua and R. Akiva were not by the field, yet they acquired!
(d) Ula: You ask as one who has never learned.
(e) R. Aba repeated this dialogue in front of Rabanan in Sura.
(f) Answer #1 (A Chacham): The land did not acquire the tithes for them - rather, they acquired them Agav (along with) acquiring the land!
(g) R. Zeira accepted this answer; R. Aba did not.
(h) Rava: Indeed, this answer is unacceptable!
1. Question: Why didn't they acquire them through Chalipin, surely they had a garment to do Chalipin!
2. Answer (Rava): We must say, since R. Gamliel does not own the tithes themselves, only the Tovas Hana'ah (right to give it to the Levi or poor person of his choice), Chalipin does not work;
i. Similarly, one cannot acquire something Agav (land) when the giver only owns Tovas Hana'ah.
ii. (Rather, R. Gamliel allowed them to acquire it, as one acquires Hefker; the field acquired if for them.)
(i) Rejection: Chalipin cannot be used for gifts to a Kohen because the Torah said they should be given - Chalipin is a way of commerce;
1. Agav is a method of giving, it can be used.
(a) Answer #3 (Rav Papa): The case of R. Gamliel is different - since (a person with intellect) gave the tithes, the field can acquire even if the owner is not there. (b) Question: How do we know this?
(c) Answer (Mishnah): Reuven saw people chasing a lost object in his field...(his field acquires).
1. (R. Yirmeyah): This is only if one could chase and catch (the lame deer, or chicks that cannot flutter).
2. Question (R. Yirmeyah): What is the law by a gift?
3. Answer (R. Aba bar Kahana): By a gift, even if one cannot catch them, the field acquires. (He accepted this distinction.)
i. Question: Why is a gift different?
ii. Answer: Because a person with intelligence gave it.
(d) Question (Rav Simi): But a Get is given by a person with intelligence, yet Ula taught that (when the husband threw it into his wife's yard or house) she is divorced only if she is by her yard or house!
(e) Answer #1 (Rav Papa): A Get is different, because she acquires it against her will.
(f) Question (Rav Sheshes brei d'Rav Idi): That is illogical!
1. She acquires a Get against her will - still, she must be by her yard;
2. A gift, which a person chooses to receive, all the more so he must be by the field!
(g) Answer #2 (Rav Ashi): The Torah says that a yard acquires as a person's hand, but it can also acquire as a messenger;
1. Regarding a Get - this is disadvantageous for her, something disadvantageous may only be done in front of the person;
2. Regarding a gift - this is advantageous, something advantageous may be done in a person's absence.
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