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Gitin 48

GITIN 48 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.

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 (Erchin 25a).

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

(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 other.


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 quarters.
(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.
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).
10) [line 3] NAKTINAN - we have a tradition
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 property

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.
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 married.
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)
(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
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)

(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 [produce]

31) [line 28] ARUGAH BEIN HA'ARUGOS - one vegetable patch among other patches [some of which were robust and some of which were shriveled]

(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 quality produce.

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