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Rosh Kollel: Rabbi Mordecai Kornfeld


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Gitin 8

GITIN 8 - This Daf has been sponsored by Mr. and Mrs. Herb Scheinfeld, l'Iluy Nishmas Golda bas Reb Chaim Yitzchak Ozer (Mrs. Gisela Turkel), Minnie Weinstein, Sarah Scheinfeld and Rivkah Rachel Scheinfeld.

1) A GET BROUGHT IN A BOAT (cont.)

(a) Answer #3 (To question 4:b, Daf 7B - Rav Nachman Bar Yitzchak): All agree that rivers of Eretz Yisrael are as Eretz Yisrael regarding Gitin; the Beraisas argue regarding the Mediterranean Sea. (Beraisa #1 is as R. Yehudah; Beraisa #2 is as Chachamim, as follows.)
1. (Beraisa): South of the incline from Turei Amnon (to the sea) is Eretz Yisrael; north of it is Chutz La'aretz;
2. Islands in the Mediterranean Sea: whatever is within the line between Turei Amnon and Nachal Mitzrayim (Wadi Kelt) is part of Eretz Yisrael; outside this line, Chutz La'aretz;
3. R. Yehudah says "And the border of the sea" - this includes islands next to (i.e. west of) Eretz Yisrael as part of Eretz Yisrael;
i. If we extend lines westward from Kapluriya and Nachal Mitzrayim (Wadi El Arish) until the Atlantic Ocean, all (islands and parts of islands) between these lines are part of Eretz Yisrael.
4. Question: What do Chachamim learn from "And the border of the sea"?
5. Answer: To include islands within the line between Turei Amnon and the River of Mitzrayim.
i. R. Yehudah says, a verse is not needed to teach about those islands.
2) SURYA
(a) (Mishnah): R. Meir says, Ako is as Eretz Yisrael regarding Gitin ...
(b) Question: One who sells his (Kana'ani) slave to Surya - is this as selling to Chutz La'aretz (and the slave goes free, as a fine)?
(c) Answer (R. Chiya Bar Aba - Mishnah): R. Meir says, Ako is as Eretz Yisrael regarding Gitin.
1. We infer, only for Gitin, but Ako is as Chutz La'aretz regarding slaves;
2. All the more so Surya, which is even further, is as Chutz La'aretz!
(d) (Beraisa): Surya is as Eretz Yisrael in 3 respects, and as Chutz La'aretz in 3 respects:
1. It is as Chutz La'aretz regarding that its earth is Tamei; regarding slaves; and regarding Gitin;
2. It is as Eretz Yisrael regarding Ma'aser and Shemitah; one may enter Surya and remain Tahor{; buying a field in Surya is as buying near Yerushalayim.
8b---------------------------------------8b

(e) Surya is as Eretz Yisrael regarding Ma'aser and Shemitah - the Tana holds, land conquered by an individual becomes part of Eretz Yisrael;
(f) Contradiction: The Beraisa says, one may enter Surya and remain Tahor - but earlier it says its earth is Tamei!
(g) Answer: If he enters in a box, he remains Tahor.
1. (Beraisa - Rebbi): One who enters Chutz La'aretz in a box becomes Tamei; R. Yosi b'Rebbi Yehudah says, he remains Tahor;
i. Even Rebbi only said that he becomes Tamei in Chutz La'aretz proper, where there were decrees on both the earth and the air; but in Surya, the only decree was on the earth.
(h) (Beraisa): Buying a field in Surya is as buying near Yerushalayim.
(i) Question: What is the significance of this?
(j) Answer (Rav Sheshes): One may write the deed of sale on Shabbos.
(k) Objection That cannot be!
(l) Clarification (Rava): One tells a non-Jew to write the deed on Shabbos.
1. Even though asking a non-Jew to perform labors on Shabbos is forbidden mid'Rabanan, here it was permitted for the sake of settling Eretz Yisrael.
3) A DOCUMENT OF FREEDOM
(a) (Beraisa): A slave brought his Get (document) of freedom; it says 'Yourself and my property are acquired to you' - the slave goes free, but does not acquire the property.
(b) Question: What is the law if it says 'All my property is acquired to you'?
(c) Answer #1 (Abaye): By way of acquiring himself, he also acquires the other property.
(d) Objection (Rava): Granted, he acquires himself, just as a woman is believed to bring her own Get;
1. But he should not acquire the other property, unless he validates the document, as the normal law of monetary documents!
(e) Answer #2 (Abaye): Since he does not acquire himself, he does not acquire the other property.
(f) Objection (Rava): Granted, he does not acquire the other property, unless he validates the document, as the normal law of monetary documents;
1. But he should acquire himself, just as a woman is believed to bring her own Get!
(g) Answer #3 (Rava): Whether it says 'Yourself and my property are acquired to you', or 'All my property is acquired to you', the slave goes free, but does not acquire the property.
(h) Question (Rav Ada Bar Masnah): You hold as R. Shimon, who says that we split a person's words!
1. (Mishnah): A man wrote a document giving all his property to his slave - the slave goes free;
2. If the owner kept any property for himself, the slave does not go free;
3. R. Shimon says, he always goes free, unless it says 'All my property is given to my slave, except for 1 part in 10,000'.
4. (Culmination of question - Rav Nachman): Even though R. Yosi praised R. Shimon, the law is as R. Meir (Chachamim).
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