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Previous daf Gitin 48
GITIN 48 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love
for Torah and those who study it.
1) [line 3] KINYAN PEIROS KE'KINYAN HA'GUF
See Background to Gitin 47:44.
2) [line 6] KI KA NACHIS, A'DA'ATA D'FEIRA KA NACHIS - [in the case
mentioned on 47b, ha'Mocher Sadehu l'Feiros,] when he bought the field, he
only bought it for the rights to the fruit
3) [line 11] V'KARKA'O - and its earth
4) [line 20] SEDEH ACHUZAH - an ancestral field
(a) A Sedeh Achuzah is a field that came into the possession of its owner's
family after the conquest and division of Eretz Yisrael, at the time of
Yehoshua bin Nun.
(b) Such a field may only be sold until the Yovel year, at which time it
automatically returns to the possession of its original owner (Vayikra
25:25-28). Because of this, when a person sells an ancestral field he
normally intends to sell only the Peiros, or produce, of the land until the
Yovel year, and not the land itself.
(c) Beginning two years after the sale, the original owner may redeem the
field from the person who purchased it. He does so by returning the
proportion of the money that was paid for the remaining years until the
Yovel year (Erchin 29a).
(d) If a person was Makdish (consecrated to the possession of the Beis
ha'Mikdash) his Sedeh Achuzah, everyone has the right to redeem it from
Hekdesh from that day until Yom ha'Kipurim of the Yovel year. If the Makdish
redeems it, he must pay to Hekdesh an additional *fifth* (of the ensuing
total, or a *quarter* of the original value) of the value of the field. If
the Makdish does not redeem his field by Yom ha'Kipurim of the Yovel year,
but rather it is not redeemed, or another person redeems it, it is given to
the Mishmar of Kohanim who are on duty at that time (Vayikra 27:15-21).
(e) When redeeming a Sedeh Achuzah from Hekdesh, its "value" is determined
according to the fixed endowment value stated in Vayikra 27:16, i.e. 50
silver Shekels for every parcel of land that is normally sown with a Chomer
(1 Chomer = 1 Kur = 30 Se'ah or approximately 216, 248.9 or 432 liters,
depending upon the differing Halachic opinions) of barley seed (75,000 sq.
Amos). However, fifty Shekels are given only if the field was redeemed at
the beginning of a new Yovel cycle; the amount decreases proportionally with
every year that passes until it is less than two years before the next
Yovel. At that point, it is once again redeemed for fifty Shekels per Chomer
5a) [line 21] "V'IM ES SEDEH MIKNASO ASHER LO MI'SEDEH ACHUZASO [YAKDISH
LA'SH-M.]" - "And if [a man sanctifies to HaSh-m] a field that he has
bought, which is not of the fields of his ancestors..." (Vayikra 27:22)
b) [line ] SEDEH MIKNAH
(a) A Sedeh Miknah is a field that a person buys or inherits which is not an
ancestral field (Sedeh Achuzah, see above, entry #4). It must be returned to
its original owner on Yom ha'Kipurim of the next Yovel year (Vayikra
25:14-17; see above, entry #4:a).
(b) When a Sedeh Miknah is sold, the seller may not redeem it from the
purchaser. Rather, it remains with the purchaser until the Yovel year, at
which point it returns to its original owner (i.e. the person for whom it is
a Sedeh Achuzah).
(c) If a person was Makdish (consecrated to the possession of the Beis
ha'Mikdash) his Sedeh Miknah, anyone may redeem it from Hekdesh from the day
that it became Hekdesh until the Yovel year. Even if the Makdish redeems it,
he need not pay an additional fifth. If the field was not redeemed by Yom
ha'Kipurim of the Yovel year, it is returned to its original owner (i.e. the
person for whom it is a Sedeh Achuzah) (Vayikra 27:22-24).
(c) When redeeming a Sedeh Miknah from Hekdesh, its value is determined by
the amount that a person is willing to pay to purchase such a field until
Yovel (Erchin 14a).
6) [line 32] LO YARIS V'LO MIDI - he does not inherit anything
7) [line 47] HA'ACHIN SHE'CHALKU LEKUCHOS HEN, U'MACHZIRIN ZEH LA'ZEH
(a) When a person dies, his estate is divided up among his sons. The
Amora'im argue whether the way the estate is ultimately divided can
retroactively determine what each brother inherited at the time of the
father's death, or not. Rebbi Yochanan is of the opinion that even when the
brothers later divide the estate, we *cannot determine retroactively* that
the land each brother now has is the same land he inherited at the time of
death. Rather, we say that by dividing up the property, the brothers agree
to "trade" their true portions, wherever they are, with each other for
portions of equal value elsewhere.
(b) There is a Halachic difference between whether the inheritance is
retroactive or not. If the inheritance is retroactive, no purchase or
trading has occurred. Therefore, in the year of the Yovel they need not
return the land to each other and re-divide the estate. However, if the
inheritance is not retroactive and a trade *has* occurred, when Yovel
arrives the brothers must return to each other their portions, after which
they re-divide the estate, as if they had purchased their shares from each
8) [line 1] "[B'MISPAR SHANIM ACHAR HA'YOVEL, TIKNEH ME'ES AMISECHA;]
B'MISPAR SHENEI SEVU'OS YIMKOR LACH." - "[According to the number of years
after the Yovel year you shall buy from your neighbor, and] according to the
number of years of the fruits he shall sell to you." (Vayikra 25:15)
9) [line 2] BECHOR
(a) The first male born to a father inherits a double portion of his
father's estate. This is only true if the son was the first viable child to
be born (Bechoros 46a). For example, if there are two brothers, the money is
divided into three, and the Bechor receives two thirds; if there are three
brothers, the money is divided into four, and the Bechor receives two
(b) A Bechor only receives a double portion from the assets that were in the
possession of the father at the time of death, as it states, "Ki Es
ha'Bechor Ben ha'Senu'ah Yakir, Lases Lo Pi Shenayim *b'Chol Asher Yimatzei
Lo*" - "He must recognize the first-born son of the hated wife to give him a
double portion *of everything in his possession* (lit. that is found with
him)" (Devarim 21:17). The following are a few examples in which a Bechor
does *not* receive a double portion:
1. If one of the father's relatives dies after the father, the Bechor does
not receive a double portion of that inheritance.
10) [line 3] NAKTINAN - we have a tradition
2. If the father is owed money, even if the debt was written in a document
that was in the possession of the father, the Bechor does not receive a
double portion of the debt if it is paid after the father's death.
3. A Bechor does not receive a double portion of the appreciation of
property that is brought about by human efforts after the father's death;
e.g. stalks of wheat that produce grain and trees that produce fruit.
However, a Bechor does receive a double portion of a small tree that grows
on its own, without any expenditure, into a large tree; this is called
Matzuy l'Aviv since the tree has not changed form after the father's death
(SEFER HA'CHINUCH #400).
11) [line 4] HARSHA'AH - power of attorney
12) [line 5] MISHTA'I DINA - (lit. to speak about the law) to go to court
*****PEREK #5 HA'NIZAKIN*****
13) [line 8] HA'NIZAKIN - people who have had damages caused to the their
14) [line 8] SHAMIN LAHEN - Beis Din evaluates the damages and collects
payment for them
If a person cannot pay back his debts, the creditor can receive payment by
transferring ownership of a plot of land of the debtor into his hands. For
this purpose, Chazal classified plots of land using three levels of quality:
Ziburis - the poorest quality, Beinonis - average quality, and Idis - the
highest quality. Damages (Nezikin) are reimbursed with Idis. Standard loans
(Halva'os) and debts (Chovos) are repaid using Beinonis. The value of a
Kesuvah or debts owed by orphans for claims on their father's estate are
paid using Ziburis.
15) [line 8] IDIS - land of the highest quality
16) [line 8] BA'AL CHOV - a creditor
17) [line 9] BEINONIS - land of average quality
18) [line 9] KESUVAS ISHAH - the Jewish marriage contract
(a) When a man marries a woman who was a Besulah (virgin) at the time of her
Kidushin, he must write her a Kesuvah document in which he promises that she
will receive 200 Zuz (the value of 960 grams of silver) from him or his
estate if he divorces her or dies. The Tana'im argue whether this obligation
is mid'Oraisa or mid'Rabanan (Kesuvos 10a; see Insights to Kesuvos 10:1).
(b) When a man marries a widow or a divorcee who had once been married in
the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write
her a Kesuvah document in which he promises that she will receive 100 Zuz
from him or his estate if he divorces her or dies. Even if the woman is
still a virgin, the woman is classified as a "Be'ulah" with regard to the
amount of her Kesuvah because she was once married and she is not given the
Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a
widow or divorcee is only mid'Rabanan (Kesuvos 10b -- The Gemara there
explains that the term for "widow," "Almanah," alludes to her Kesuvah of a
"Manah," or 100 Zuz).
19) [line 9] ZIBURIS - land of poorest quality
20) [line 11] NECHASIM MESHU'ABADIM - mortgaged property, land which has
been mortgaged to a debt
21) [line 11] NECHASIM BENEI CHORIN - (lit. properties that are free) from
fields that do not have a lien on them
22) [line 14] ACHILAS PEIROS - (lit. eating fruits) [if a person must pay
for] the value of fruits
23) [line 14] SHEVACH KARKA'OS - (lit. the appreciation of land) the added
value that a buyer invests in a field
24) [line 14] MEZON HA'ISHAH (TENA'EI KESUVAH: MEZONOS - an allowance for
sustenance from the husband's estate)
(a) There are number of stipulations of marriage which are imposed by Beis
Din and some of which are written explicitly in the Kesuvah (the Jewish
marriage contract). These are in addition to the basic obligations a man has
to his wife according to the Torah. Those stipulations which obligate the
husband to his wife are:
1. A husband must redeem his wife if she is a taken captive. If he is not a
Kohen, he must take her back into his house; if he is a Kohen he must redeem
her and divorce her so that she can remarry. He may not [divorce her and]
give her the money of the Kesuvah so that she should redeem herself.
(b) A husband is obligated to keep these conditions even if he omitted them
from the Kesuvah, or did not give his wife a Kesuvah.
25) [line 15] HA'BANOS
2. As long as they are married, he must provide his wife with all the
medical care that she needs.
3. If she dies before her husband, her sons inherit the full value of her
Kesuvah when he dies (and not the sons of his other wives), aside from the
remainder of the estate (which is split equally between all of the
brothers). This is called "Kesuvas Benin Dichrin."
4. After he dies, his daughters must be allowed to live in the house in
which he lived, and must be provided for by his household, until they become
5. If he dies before his wife, his wife must be allowed to live in the house
in which he lived and must be provided for by his household (with Mezonos -
sustenance) until she remarries. (This stipulation was only made in
Yerushalayim and the Galil. In Yehudah, the heirs reserved for themselves
the right to give her the value of her Kesuvah and have her find herself a
new home.) (Mishnayos Kesuvos 4:7-12)
See previous entry, section a:4.
26) [line 15] MIPNEI TIKUN HA'OLAM - for the betterment of the world
27) [line 16] HA'MOTZEI METZI'AH - one who finds a lost object
The Torah requires that a person return lost objects that he finds, as
stated in Devarim 22:1-3. The wording in the Torah suggests that there are
cases when this Mitzvah does not apply, and the Gemara (Berachos 19b and
Bava Metzia 30a) discusses them.
28) [line 18] "[KI YAV'ER ISH SADEH O CHEREM, V'SHILACH ES BE'IROH, U'VI'ER
BI'SDEH ACHER;] MEITAV SADEHU U'MEITAV KARMO YESHALEM." - "[If a man shall
cause a field or vineyard to be eaten, and shall send in his beast that will
feed in another man's field;] of the best of his own field, and of the best
of his own vineyard, shall he make restitution." (Shemos 22:4)
29) [line 20, 21] MID'ORAISA BED'NIZAK SHAIMINAN / SHAIMINAN BED'MAZIK
(a) See above, entry #14.
(b) Rebbi Yishmael rules that according to the Torah the levels of quality
of fields are based upon the property of the Nizak (the person whose
property was damaged). Later, the Rabanan decided that in order to force
people to be more careful not to damage the property of others, the damage
was to be estimated based upon the property of the Mazik (the person who was
responsible for the damage). For example, if the poorest quality of field in
the possession of the Mazik is the same quality as the best field of the
Nizak, according to the Torah law, the Mazik would only have to reimburse
the Nizak with property of this quality. According to the Rabanan, due to
Tikun ha'Olam, the Mazik must reimburse the Nizak with the best property
that he has.
30a) [line 26] SHEMENAH - [rich earth that grows abundant,] robust [produce]
b) [line 27] KECHUSHAH - [poor earth that grows scant,] shriveled
31) [line 28] ARUGAH BEIN HA'ARUGOS - one vegetable patch among other
patches [some of which were robust and some of which were shriveled]
32) [line 32] HA'MOTZI ME'CHAVERO ALAV HA'RE'AYAH
(a) The general rule in monetary claims is that the burden of proof rests
with the one who wishes to extract payment or other items of value from the
other person. Hence, when there is a doubt, all money remains with the one
who has possession.
(b) In our Gemara, the Nizak must prove that the produce that was damaged or
eaten was of the highest quality in order to receive payment for the highest