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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Gitin 22

GITIN 22 (6 Adar) - dedicated by Harav Avi Feldman (of Yerushalayim) and family in memory of his father, the Tzadik Harav Yisrael Azriel ben Harav Chaim (Feldman) of Milwaukee, on the day of his Yahrzeit.


(a) How does one acquire ...
  1. ... a flower-pot?
  2. ... seeds growing in a holed flower-pot?
(b) What constitutes a Chazakah with regard to seeds?

(c) Assuming the seeds belong to one person and the holed pot to another, it is therefore obvious that the owner of the seeds will acquire the pot through Meshichah, and the owner of the pot will acquire the seeds through Meshichah. If the pot and the seeds belong to one person, one can acquire them both simultaneously by making a Chazakah on the seeds alone.
Why is that?

(d) What will the Din then be if he makes a Chazakah on the pot alone (i.e. by using it for a specific purpose)?

(a) According to Abaye, if the hole in the pot is in Eretz Yisrael and the branch of a tree (which is growing on the other side of the pot, is in Chutz la'Aretz, we go after the hole.
What are the ramifications of this ruling?

(b) What does Rava say?

(c) Under which circumstances will even Rava agree that we go after the hole?

(a) According to Rebbi Meir, whatever grows from the wall (of earth) in between two gardens that exist side by side in two tiers, belongs to the owner of the upper-tier garden.
What does Rebbi Yehudah say?

(b) What do we attempt to prove from Rebbi Yehudah, that clashes with what we just learned with regard to the flower-pot when the tree took root?

(c) In reply, we cite the reason that Rebbi Yehudah himself gives for his ruling.
What is it?

(d) And what reason does Rebbi Meir give for declaring the owner of the top-tier as the owner of the vegetables?

(a) What does Rebbi say about the fruit of a tree that is growing partially in Eretz Yisrael and partly in Chutz la'Aretz?

(b) What are the ramifications of this ruling?

(c) What does Raban Shimon ben Gamliel say?

(d) What do we attempt to prove from this Beraisa, based on the assumption that it is the branch that is growing partially in Eretz Yisrael and partly in Chutz la'Aretz (and not the roots)? Where then, are the roots growing?

(a) If, as we conclude, the Tana is speaking when it is the roots that are divided, and not the branches, what is Raban Shimon ben Gamliel's reason?
How is it possible for the sap and the Kedushah to be divided in two?

(b) What is then Rebbi's reason?

(c) What will both Tana'im hold in a case where the roots of a tree grow in Eretz Yisrael, and its branch grows in Chutz la'Aretz?

(a) Rebbi Chiya bar Asi Amar Ula lists three kinds of skin (parchment): Matzah and Cheifah are two of them.
What is the third?

(b) What exactly, is Matzah? Why is it called by that name?

(c) We need to know this for the Shiur of carrying on Shabbos, which Abaye describes as 'Riv'a de'Riv'a de'Pumbedisa'.
What exactly is that?

(d) Cheifah has been salted and treated with flour, and also concerns the Shiur of carrying on Shabos.
What is the minimum Shiur for carrying Cheifah on Shabbos? Why is called 'Cheifah'?

(a) What then, is 'Diftera'?

(b) Why do we need to know this? What is the Shiur for carrying Diftera?

(c) Like which Tana does Rebbi Chiya bar Asi Amar Ula hold?

(a) What is 'K'laf'?

(b) Why does Rebbi Chiya bar Asi Amar Ula not include it in his list?

Answers to questions



(a) Who are the Chachamim in our Mishnah who validate a Get that is written on paper even though it is possible to erase and change its contents?

(b) Who says that witnesses are required at all min ha'Torah (seeing that according to Rebbi Elazar, "ve'Kasav Lah" refers to the Kesivah and not to the Chasimah)?

(c) Why should there be a difference between Rebbi Elazar and Rebbi Meir in this matter? In the same way as the woman will produce the Eidei Mesirah who know what was written in the Sht'ar according to Rebbi Elazar, so too, will she produce the Eidei Chasimah according to Rebbi Meir?

(a) According to Rebbi Elazar (ben P'das), the Chachamim only validate a Get which had already been written on and erased, immediately.
What does 'immediately' mean?

(b) What is Rebbi Elazar's reason?

(c) What does Rebbi Yochanan say?

(a) Rebbi Elazar also restricts Rebbi Elazar in our Mishnah to Gitin, but not to other Sh'taros.
Why not? What does he learn from the Pasuk in Yirmiyah "u'Nesatem bi'Ch'li Cheres ... "?

(b) Rebbi Yochanan disagrees.
How does he then explain the Pasuk in Yirmiyah?

(a) What does our Mishnah say about a 'Chashu' (Cheresh, Shoteh ve'Katan) writing a Get?

(b) What is the problem with someone who does not have Da'as writing a Get?

(c) How does Rav Huna resolve the problem?

(d) According to Rav Huna, who is the author of our Mishnah?

(a) According to Rav Huna's interpretation of our Mishnah, what does the Seifa 'she'Ein Kiyum ha'Get Ela be'Chosamav' mean? What is it referring to?

(b) Why can it not be referring to the Reisha?

(c) Why does the Tana refer to the Eidei Mesirah as 'Chosamav'?

Answers to questions

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