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1) ACQUISTIONS OF MINORS

(a) Rav Chisda holds that we only say that Rabbinical enactments are patterned on Torah laws when they have a source in the Torah.
(b) Question (Rav Avya - Mishnah): We may scheme to redeem Ma'aser Sheni without adding the additional fifth (by having someone else redeem it for him);

1. A man may tell his adult son or daughter, his Yisrael male or female slave - 'Here is money - go redeem this Ma'aser Sheni'.
2. Question: What is the case of his female slave?

i. Suggestion: If she brought hairs (and became a Na'arah) - she is free, she is not his slave!

3. Answer: Rather, she is still a minor, (and the Mishnah says that she may redeem on behalf of others)!
4. Answer #1: The Mishnah refers to Ma'aser Sheni nowadays (after the Churban) which is only mid'Rabanan.
5. Objection: Nowadays we do not have Yisrael slaves!

i. (Beraisa): Yisrael slaves only apply when Yovel applies!

6. Answer #2: The Mishnah refers of Ma'aser Sheni of produce that grew in a flowerpot without a hole, which is only mid'Rabanan.

(c) (Rava): They are 3 ages of minors regarding acquisitions:

1. A child that discards a rock but keeps a nut - He can acquire for himself, not for others;

i. An (orphaned) girl of this age may become engaged mid'Rabanan.

2. Pa'utos (mature children) - they can buy and sell Metaltelim (possessions other than land).

i. A girl of this age may become divorced, even if she was engaged mid'Oraisa by her father.

3. When he reaches the age of vows - his vows are binding; if he made his property Hekdesh, it takes effect;

i. A girl of this age may do Chalitzah.

4. A child may not sell land he inherited from his father until he is 20.

(a) (Mishnah): A minor made a messenger to receive her Get - it does not take effect until it reaches her hand;

1. Therefore, her husband may retract until she gets it.
2. This is because a minor cannot make a messenger.

(b) If her father made a messenger to receive her Get, her husband cannot retract after he gives it.
(c) A man told a messenger: 'Give this Get to my wife in Ploni (a certain place)'; the messenger gave it somewhere else - the Get is invalid;

1. If he told the messenger: 'Give this Get to my wife - she is in Ploni', and the messenger gave it somewhere else - the Get is valid.

(d) A woman told a messenger: 'Receive my Get in Ploni'; the messenger received it somewhere else - the Get is invalid; R. Elazar says, it is valid;

1. If she told the messenger: 'Bring my Get from Ploni', and the messenger brought it from somewhere else - the Get is valid.

(e) (Gemara) Question: Why does R. Elazar only argue in the end of the Mishnah regarding divorce?
(f) Answer: The husband decides if he wants to divorce his wife, so he can be particular about the place; a woman is divorced against her will, she cannot decide where the Get will be given - she merely suggests to the messenger where she thinks he can get the Get.

(a) (Mishnah): A Kohen's wife told a messenger: 'Bring my Get' - she may eat Terumah until the Get comes to her hand;
(b) If she said 'Receive my Get' - she is immediately forbidden to eat Terumah;
(c) If she said 'Receive my Get in Ploni (a certain place)' - she may eat Terumah until the Get gets there;

1. R. Eliezer says, she is immediately forbidden to eat Terumah.

(d) (Gemara) Question: In the last case, the Get is valid (even if the messenger received it in a different place) - but the previous Mishnah taught, it is invalid!
(e) Answer: The case is, she asked him to receive it in 1 place, and remarked that her husband is often found in a second place.

1. She wants that he take the Get wherever he finds her husband, but the divorce should only take effect when he gets to the first place.

(f) (Mishnah): R. Eliezer says, she is immediately forbidden to eat Terumah.
(g) Question: This is obvious, for he holds that she is merely suggesting where he will find her husband, but authorizes him to receive the Get anywhere!
(h) Answer: The case is, she told him to go the east, for her husband is coming from the east, and the messenger went to the west.

1. One might have thought, since he surely will not find her husband in the west, she is not forbidden immediately;
2. We hear, this is not so, for he might encounter her husband in the west.

(i) (Beraisa #1): Reuven told a messenger: 'Place an Eiruv of dates for me'; he placed an Eiruv of figs - the Eiruv is valid;
(j) Contradiction (Beraisa #2): The Eiruv is invalid.
(k) Answer #1 (Rabah): Beraisa #1 is as R. Eliezer, who holds that when a person gives directions to a messenger, he is just suggesting the easiest way to fulfill the mission, but he is not insistent that it be done that way;

1. Beraisa #2 is as Chachamim, who hold that a person is insistent that things be done as he said.

(l) Answer #2 (Rav Yosef): Both Beraisos are as Chachamim.

1. [Version #1 (Rashi) - Beraisa #1 is when Reuven asked that the Eiruv be made from Reuven's dates - a person does not care which food is used for his Eiruv;
2. Beraisa #2 is when Reuven asked that the Eiruv be made with Shimon's dates (which Reuven had permission to do);

i. Since Reuven had no permission to take Shimon's figs, the Eiruv is invalid.]

3. [Version #2 (Tosfos) - Beraisa #1 is when Reuven asked the messenger to make the Eiruv from the messenger's dates - Reuven does not care if the messenger used his own figs instead;
4. Beraisa #2 is when Reuven asked the messenger to make the Eiruv with Reuven's dates - here, we say he specifically wanted the dates.]

(m) Question (Abaye - Beraisa #1): Reuven told a messenger: 'Place an Eiruv in the tower for me', and he placed it in the dovecote, or vice-versa - the Eiruv is valid;

1. Contradiction (Beraisa #2): The Eiruv is invalid.
2. There, it makes no difference if the Eiruv is made with Reuven's food or not!

(n) Answer: It does - the Beraisa refers to making the Eiruv using fruit in the tower or dovecote.

(a) (Mishnah): Reuven said: 'Write a Get and give it to my wife', or 'divorce her', or 'Write a letter and give it to her' - they may write and give a Get;
(b) If he said 'Exempt her', or 'finance her', or 'do as is proper to her' or 'do as is fitting to her' - his words are void.
(c) (Gemara - Beraisa): If he said 'Send her', 'abandon her', or 'Cut her off' - they may write and give a Get;
(d) If he said 'Exempt her', or 'finance her', or 'do as is proper to her' or 'do as is fitting to her' - his words are void.
(e) (Beraisa - R. Noson): If he said 'Patruha' (exempt her) - we fulfill this; if he said 'Pitruha', his words are void. (Rashi's text is just the opposite - he explains, Pitruha is the language used in a Get; Patruha refers to exempting her from a monetary obligation.)

1. R. Noson is from Bavel, he distinguishes between Pitruha (an Arame'ic word) and Patruha (which is Hebrew); the Tana of our Mishnah, who is from Eretz Yisrael, does not distinguish.

(f) Question: What is the law if he says 1 of the following: 'Take her out'; 'Abandon her'; 'Permit her'; 'Leave her alone'; 'Do what will help her'; 'Do as the Torah says should be done for her'?
(g) Answer: We can answer 1 of these.
(h) (Beraisa): 'Do as the Torah says should be done for her', or 'do as is proper to her', or 'do as is fitting' - his words are void.