POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf 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.
1) A GET ON VEGETATION IN A FLOWERPOT
(a) A Get was written on a flowerpot with a hole - it is
valid, he gives her the flowerpot.
2) THE PARCHMENT FOR WRITING A GET
(b) A Get was written on a leaf of a plant growing in a
flowerpot with a hole.
1. (Abaye): The Get is valid.
(c) Reuven owns a flowerpot; Shimon owns what is growing in
it. If Reuven sells the pot to Shimon, Shimon may acquire
it by pulling it (to his property);
2. (Rava): It is invalid.
3. Abaye says it is valid - he gives her the entire
4. Rava says it is invalid - this is a decree, lest he
break off the leaf and give her the leaf (and this
is invalid, for the detaching separates between the
writing and the giving).
1. If Shimon sells what is growing inside to Reuven,
Reuven may only acquire by making Chazakah on the
(d) Reuven owns a flowerpot and what is growing in it. If he
sells both to Shimon, Shimon may acquire both by making
Chazakah on the vegetation.
1. (Mishnah): An act of acquisition on mortgagable
property (property that a creditor may collect from,
even if the borrower sold it, i.e. land), namely
paying money, getting a document, or making a
Chazakah, also serves to acquire unmortgagable
property (movable objects) being sold (or given) at
the same time.
(e) The hole of a flowerpot is in Eretz Yisrael; the foliage
is in Chutz La'aretz.
2. If Shimon makes Chazakah on the flowerpot, he does
not acquire anything unless he makes Chazakah on the
1. (Abaye): We go after the hole (and we view the plant
as if it is growing in Eretz Yisrael regarding
Ma'aser and other agricultural laws).
(f) Question: There is no necessity to say this - Tana'im
argue whether we go after where it is rooted or after the
2. (Rava): We go after the foliage (and it is viewed as
growing in Chutz La'aretz).
3. They only argue if the plant did not take root in
the ground (through the hole - if it did, Rava would
agree to Abaye).
1. (Mishnah - R. Meir): Reuven owns a garden on a hill,
Shimon owns a garden at the bottom. Vegetables are
growing on the incline (the side of the hill) - they
belong to Reuven;
(g) Answer: The Mishnah itself explains their reasons (which
are not relevant to going after the roots or the
2. R. Yehudah says, they belong to Shimon (even though
they are rooted in Reuven's hill)!
1. R. Meir says, if Reuven would remove his dirt,
nothing would grow (so the vegetables are due to
(h) Question: The following Tana'im go after the foliage!
2. R. Yehudah says, if Shimon would fill his airspace
with dirt, nothing would grow.
1. (Beraisa - Rebbi): A tree which is partially in
Eretz Yisrael, partially in Chutz La'aretz - part of
every fruit is obligated in Ma'aseros, part of every
fruit is exempt;
(i) Answer: No - also the roots are partially in Eretz
Yisrael, partially in Chutz La'aretz. (But if all the
roots were in one place, all would go after them.)
2. R. Shimon ben Gamliel says, those fruits that grow
in Eretz Yisrael are fully obligated, those that
grow in Chutz La'aretz are fully exempt.
3. Suggestion: Some of the foliage is in Eretz Yisrael,
the rest in Chutz La'aretz (The roots can be totally
in Eretz Yisrael or totally in Chutz La'aretz, it
makes no difference.)
1. Question: If we really go after the roots - R.
Shimon ben Gamliel should admit that each fruit is
partially obligated, partially exempt!
2. Answer: Rocky ground separates the 2 sides; the
nourishment derived from the roots in Eretz Yisrael
does not pass to the side in Chutz La'aretz (and
3. Question: If so, what is Rebbi's reason?
4. Answer: The sides of the tree both enter the trunk,
and there the nourishment from both sides is mixed
i. Rebbi holds, the nourishment mixes even above
ground; R. Shimon ben Gamliel holds, it does
(a) (Mishnah): R. Yehudah ben Beseirah says...
(b) (R. Chiya bar Asi): There are 3 hides: Matza, Chifah and
1. Matza - this is a hide that has not been salted nor
treated with flour or gallnuits.
(c) (Mishnah): Chachamim permit (erasable parchments).
i. Question: What law is special to Matza?
2. Cheifah - this is a hide that has been salted but
not treated with flour or gallnuts.
ii. Answer (Rav Shmuel bar Yehudah): One who
transfers (from a private domain) to a public
domain (or carries 4 Amos in a public domain) a
Matza hide large enough to wrap a small weight
is liable for transgressing Shabbos.
iii. Question: What is the size of this weight?
iv. Answer: The smallest weight of Pumbadisa.
i. (Mishnah): One who transfers to (or carries in)
a public domain, a Cheifah hide large to write
an amulet is liable for transgressing Shabbos.
3. Diftara is a hide that has been salted, and treated
only with flour, but not with gallnuts.
i. One who transfers to (or carries in) a public
domain, a Diftara hide large to write a Get is
liable for transgressing Shabbos
(d) Question: Who are these Chachamim?
(e) Answer (R. Elazar): R. Eliezer, who says that a Get is
empowered by the witnesses that saw it given (so we do
not care if it is forgeable).
(f) (R. Elazar): R. Eliezer only permits this if the
witnesses testify immediately about the giving of the
Get; but if they come within the next 10 days, it is
1. We are concerned, perhaps there was a condition
written in the Get, and it was later erased and the
witnesses forgot it.
(g) (R. Yochanan): Even if witnesses come within the next 10
days, it is valid.
1. If there was a condition, the witnesses would
(h) (R. Elazar): R. Eliezer only permits Gitin (on forgeable
parchment), but not monetary documents.
1. By monetary documents, it says "You will put them in
an earthenware vessel, in order that they should
last a long time" (they must be unforgeable, so they
will be valid for a long time, even after the
witnesses forget what was written).
(i) (R. Yochanan): R. Eliezer permits even monetary
(j) Question: But it says, "in order that they should last a
(k) Answer: That is merely good counsel (to put them in an