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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim 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.
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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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