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Gitin 22
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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.
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1) [line 2] YIKTOM - he will cut off the leaf
2) [line 4, 5] MASHACH (KINYAN MESHICHAH - to move an object with the
intention of buying it) / YACHZIK (KINYAN CHAZAKAH - enhancing land with the
intention of buying it)
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a
formal Halachically-binding act denoting the change in status). The forms of
Ma'aseh Kinyan that may be used are: for Metaltelin (mobile goods) - 1.
Hagbahah, i.e. lifting an item; 2. Meshichah (lit. pulling), i.e. causing an
item to move; 3. Chatzer, i.e. bringing the item into one's domain; for
Mekarka'in (immobile goods) - Chazakah, i.e. performing an act that is
normally performed by an owner.
(b) Examples of Chazakah are Na'al (locking), Gadar (fencing in) and Paratz
(making a breach in a fence to create an entrance) or any act that is done
to *enhance* the land, such as digging to improve a field and the like
(MISHNAH Bava Basra 42a).
(c) The Atzitz Nakuv (a flowerpot with a drainage hole) is a mobile object
and Meshichah may be used to purchase it. The plants in the Atzitz Nakuv,
however, are considered Halachically to have the same status as Karka
(land), and a Chazakah is needed to purchase them. Examples of acts that
enhance the plants in an Atzitz Nakuv are weeding or turning the soil.
3) [line 7] NECHASIM SHE'EIN LAHEM ACHRAYUS NIKNIN IM NECHASIM SHE'YESH
LAHEM ACHRAYUS B'CHESEF UV'SHTAR UV'CHAZAKAH
(a) When a person purchases Nechasim she'Yesh Lahem Achrayus (immobile goods
such as land) along with Nechasim she'Ein Lahem Achrayus (mobile goods such
as a flowerpot), as soon as he makes a Kinyan of Kesef (paying money), Shtar
(handing over a contract) or Chazakah (enhancing the land with the intention
of buying it) on the land, he concurrently buys the mobile goods, also
(Kidushin 26a and RASHI ibid.).
(b) The word Achrayus in this context means that people will trust a
borrower who owns land since they can expect to extract payment from the
land should the borrower not have the money to pay back his loan (RASHI
ibid.).
4a) [line 11] NIKVO BA'ARETZ - if the drainage hole of the flowerpot is in
Eretz Yisrael where the laws of Terumos and Ma'asros apply
b) [line 11] V'NOFO B'CHUTZAH LA'ARETZ - and its branches are outside of
Eretz Yisrael
5) [line 13] BED'ASHRUSH - when the plants have taken root [through the
drainage hole of the flowerpot, into the ground of Eretz Yisrael]
6a) [line 22] TEVEL (TERUMOS AND MA'ASROS)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and
it is known as *Tevel*. The punishment for eating Tevel is Misah b'Yedei
Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called *Ma'aser Ani* and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the
money used to redeem it is brought to Yerushalayim. If the owner himself
redeems the produce, he must add an additional *fifth* (of the ensuing
total, or a *quarter* of the original value). The food that is bought with
this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be
eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner
is exempt from the additional fifth.
b) [line 22] CHULIN
Produce grown in Eretz Yisrael from which the Terumos and Ma'asros have been
removed is known as Chulin. There are no limitations as to how, where or by
whom it may be eaten. Produce grown outside of Eretz Yisrael (Chutz
la'Aretz) does not need to have Terumos and Ma'asros removed from it, and as
such, it is considered Chulin from its inception.
7) [line 27] TZUNMA - a rock or very hard soil
8) [line 33] MELI'ACH - processed with salt
9) [line 33] KEMI'ACH - soaked in flour and water
10) [line 33] AFITZ - processed with ground gall-nuts
11) [line 34] HOTZA'AS SHABBOS
(a) Hotza'ah is the last of the thirty-nine Avos Melachos of Shabbos. It
involves either 1. transferring objects from a Reshus ha'Yachid (private
domain) to a Reshus ha'Rabim (public domain), 2. Hachnasah, which refers to
transferring objects from a Reshus ha'Rabim to a Reshus ha'Yachid, 3.
Ma'avir Arba Amos b'Reshus ha'Rabim, or carrying an object from one place in
Reshus ha'Rabim to another over a distance of at least four Amos, 4. Moshit,
which involves *passing* an object from one Reshus ha'Yachid to another
through Reshus ha'Rabim (as described in the Mishnah Shabbos 96a, see
Background to Shabbos 4a). These are all Biblical prohibitions.
(b) In order to transgress the Biblical prohibition of Hotza'ah, certain
conditions must be met. An Akirah (initiation of movement) and a Hanachah
(putting the object to rest) must be performed on the object by the same
person. If one person does the Akirah and another does the Hanachah, only a
Rabbinical prohibition is involved, as the Gemara states in Shabbos 3a.
(c) One transgresses the Biblical prohibition of Hotza'ah only if he picked
up the object which he moved (Akirah) with the *intention* of placing it
down again in another Reshus. If he decides to place it in another Reshus
only *after* picking it up, he has not transgressed a biblical prohibition,
and hence need not bring a Korban Chatas for atonement.
(d) One only transgresses the prohibition of Hotza'ah if the object
transferred has a certain minimum size. The Mishnah (Shabbos 75b) describes
this size as, "Anything that is normally put away for human use and people
do put away this amount of it."
12) [line 35] LATZUR - to tie up in it
13) [line 35] MISHKAL KETANAH - a small weight
14) [line 36] RIV'A D'RIV'A D'PUMBEDISA - a quarter of a quarter-Litra of
Pumbedisa
15) [line 39] KAMEI'A - amulet, charm
22b---------------------------------------22b
16) [line 6] MIDKAR DECHIREI - they will remember it
17) [line 7] "[...'LAKO'ACH ES HA'SEFARIM HA'ELEH, ES SEFER HA'MIKNAH
HA'ZEH, V'ES HE'CHASUM V'ES SEFER HA'GALUY HA'ZEH,] U'NESATAM BI'CHLI
CHARES; L'MA'AN YA'AMDU YAMIM RABIM.'" - "[...'Take these documents, this
deed of the purchase, both that which is sealed, and this open deed,] and
put them in an earthen vessel; so that they may last for many days.'"
(Yirmeyahu 32:14)
18a) [line 11] CHERESH - a deaf mute
b) [line 11] SHOTEH - (lit. a fool) a person who is mad or deranged
(a) A person is classified as a Shoteh if he regularly, because of madness,
destroys or loses that which is given to him, sleeps in a cemetery, goes out
alone at night or tears his clothes (Chagigah 3b). According to the RAMBAM
(Hilchos Edus 9:9), a person is a Shoteh if he regularly exhibits any form
of irrational behavior.
(b) A Shoteh is exempt from performing Mitzvos and is not punished for his
transgressions. His purchases and sales are meaningless and are not binding.
c) [line 11] KATAN - a minor (a boy under the age of 13 and a girl under
the age of 12)
19) [line 13] SHOVRO - his receipt [attesting to the fact that he paid his
wife the value of her Kesuvah]
20) [last line] BENEI DE'AH - people with intelligence
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