1)

ACQUISITION OF METATELIM WITH LAND [line 3 from end on previous Amud]

(a)

Answer #4 (Mishnah): R. Gamliel and Chachamim were on a boat. He said 'the tithe (Ma'aser Rishon) that I will measure off later is given to R. Yehoshua, and I rent to him the area it rests on;

1.

Another tithe (Ma'aser Oni) that I will measure off later is given to R. Akiva, to acquire it on behalf of the poor. I rent to him the area it rests on.'

2.

This shows that the Metaltelim must be on the land given!

(b)

Rejection: No, R. Gamliel rented the land to them so they could leave the Peros there as long as they wanted.

(c)

Answer #5 (Rabah bar Yitzchak): There are two cases of documents: if Reuven said 'acquire this land for Ploni and write the document', Reuven may retract his authorization to write the document, but he cannot retract the gift;

1.

If he said 'acquire for Ploni on condition that you write the document', Reuven can retract (his authorization to write) the document and the gift.

2.

(R. Chiya bar Avin): There is a third. A Mishnah teaches that we may write a document for the seller even if the buyer is not there. When the buyer acquires the land through Chazakah, he acquires the document, no matter where it is.

3.

This shows that the Metaltelim need not be on the land!

(d)

Objection: Perhaps a document is a special case. It is like a handle on the land. We cannot learn to other Metaltelim!

(e)

Answer: (Beraisa): This illustrates the Mishnah 'Metaltelim is acquired with land, through money, a document, or Chazakah.'

1.

This shows that all Metaltelim are like the document. They need not be on the land.

2)

CONDITIONS OF THE ACQUISITION [line 19]

(a)

Question: Must the giver say 'acquire Agav (along with)'?

(b)

Answer #1: In all the above cases, the giver did not say 'Agav'. This shows that it is not needed!

(c)

Rejection: Likewise, it was not recorded that he said 'acquire', but surely this is needed. Perhaps also 'Agav' is needed!

(d)

The Halachah is, the Metaltelim need not be on the land, but the giver must say 'Agav' and 'acquire'.

(e)

Question: Can one give to Metaltelim Agav a sale of land?

(f)

Answer (Mishnah): The tithe I will measure off is given to R. Yehoshua, and I rent to him the area it rests on'. (Rental is like a sale.)

(g)

Question: Can one give the land to Reuven and the Metaltelim to Shimon?

(h)

Answer (Mishnah): 'Another tithe that I will measure off is given to R. Akiva, to acquire it on behalf of the poor. I rent Lo (to him) the area it rests on' (even though he did not receive the tithe)!

(i)

Rejection #1: He meant 'I rent Lo (for the Ma'aser) the area it rests on.'

(j)

Rejection #2: We cannot learn from there. R. Akiva is like the Yad of the poor. It is as if the land was given to the recipient of the Metaltelim.

(k)

(Rava): Agav works only if all the money was given. If only part was given, he acquires only according to what he paid.

(l)

Support (Beraisa): In some respects, money is a stronger acquisition than a document. In other ways, a document is stronger;

1.

Money can redeem Hekdesh and Ma'aser Sheni, but a document cannot;

2.

A document can divorce a married woman, but money cannot.

(m)

In some respects, money and documents are stronger acquisitions that Chazakah. In other ways, Chazakah is stronger.

1.

Money and documents acquire an Eved Ivri, but Chazakah does not;

2.

Chazakah is stronger than them, for one can acquire 10 fields in different places through one Chazakah.

27b----------------------------------------27b

3.

This is only if he gave the money for all of them. If not, he acquires only according to what he gave.

(n)

This Beraisa also supports Shmuel.

1.

(Shmuel): One who bought 10 fields in different places can acquire them all through one Chazakah.

(o)

Version #1 - Support (of Shmuel - Rav Acha Brei d'Rav Ika): If one hands over 10 animals in one leash, they are all acquired.

(p)

Rejection: That case is different, for they are all in the hands of the receiver. This does not apply to land!

(q)

Version #2 - Question (against Shmuel - Rav Acha Brei d'Rav Ika): If one hands over 10 animals in one leash and said 'acquire this one ', only one is acquired!

(r)

Rejection: That case is different, for they are distinct animals. All land is connected!

3)

THE GILGUL OATH [line 13]

(a)

(Mishnah): One who must swear about Metaltelim...

(b)

(Ula): We learn an oath of Gilgul (that once one must swear, he can be forced to swear about additional things) from Sotah:

1.

(Mishnah): The repetition "she will answer 'Amen, Amen'" teaches that she accepts the curse and the oath. She swears that she was not Mezanah with this man or any other man, that she was not Mezanah during Erusin or Nisu'in, not while a Shomeres Yavam or after Nisu'in.

2.

Question: What is the case of during Erusin?

i.

Suggestion: He warned her during Erusin, and now she is still an Arusah.

ii.

Rejection (Mishnah): A (Sotah who is an) Arusah or a Shomeres Yavam does not drink and does not get a Kesuvah, for it says "Tachas (while living with) your husband."

3.

Answer #1: Rather, he warned her during Erusin and she drinks after Nisu'in.

4.

Objection: If so, the water would not test her (for seclusion during Erusin).

i.

"(Her husband) will be clean from sin" - the water only tests her if he is clean from sin (and he is not, for he had Chupah with her after she was secluded)!

5.

Answer #2: Rather, he warned her during Nisu'in. He makes her swear about Erusin through Gilgul.