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1) IS THE PHRASEOLOGY OF OUR MISHNAH PRECISE?

(a) Objection (Rav Yosef): There, it only says 'land' for parallel structure to the beginning of the Mishnah;

1. (Mishnah - R. Akiva): The following apply to any amount of land: one must leave Pei'ah, one must bring Bikurim from it, one may write a Pruzbul on it, one may acquire Metaltelim Agav (with) it by acquiring the land through money, a document or Chazakah.

(b) Answer (part 2, to Question 2:f 149B - Abaye): Sometimes a Mishnah says 'any amount', but a certain amount is required!

1. (Mishnah): R. Dosa ben Hurkanus says, one must give Reishis ha'Gez only if the five sheep yield the weight of two and a half Manos.
2. Chachamim say, he is liable for any amount at all.

i. Question: What do Chachamim mean by 'any amount'?
ii. Answer (Rav): A Maneh (25 Sela'im) and a half, each sheep must yield a fifth of this.

(c) Objection (Rav Yosef): There, it only says 'any amount' to contrast with R. Dosa, who requires a large amount.

(a) The following is obvious: if Reuven said 'My Metaltelim are to Ploni', he acquires all Reuven's vessels, except for wheat and barley (Rashbam - and animals);

1. If he said '*All* my Metaltelim', Ploni acquires even wheat and barley and the upper millstone, but not the lower millstone;
2. If he said 'Everything that can be moved', he even acquires the lower millstone.

(b) Question: Is a slave considered like land or Metaltelim?
(c) Answer #1 (Rav Acha brei d'Rav Avya - Mishnah): If one sells a city, this includes the houses, pits, bathhouses, dovecotes, olivepresses and Beis ha'Shelachin (even if it is outside the city);

1. Metaltelim are not included;
2. If he said 'It and everything inside', even animals and slaves are included.
3. If slaves are Metaltelim, we understand why they are excluded (in the first clause);
4. But if slaves are like land, why are they excluded?

(d) Objection: If they are Metaltelim, why does it say (in the last clause) '*even* animals and slaves'?

1. You must say, Metaltelim that move (by themselves) are different than Metaltelim that do not move;
2. Likewise, we can say that slaves are like land that moves; they are different than land that does not move (therefore, they are not sold with the city)!

(e) Answer #2 (Ravina - Mishnah): If Reuven wrote all his property to his slave, the slave goes free;

1. If Reuven kept any amount of land, the slave is not free.
2. R. Shimon says, in either case he is free, unless Reuven wrote 'All my property is to my slave, except for one part in 10,000'.
3. (Rav Dimi bar Yosef): Keeping Metaltelim is like keeping land regarding a slave, but not regarding a Kesuvah.
4. (Rava): The reason is, slaves are like Metaltelim, so keeping Metaltelim affects (freeing) slaves (it suggests that he also kept part of the slave);

i. A Kesuvah is like land, so receiving Metaltelim is not like receiving part of her Kesuvah (to say that she pardons her lien).

(f) Rejection: (Rav Ashi): No, (keeping Metaltelim does not suggests that he also kept part of the slave);

1. Rather, the slave does not go free because this is not Kerisus (the Get of freedom must totally divide the slave from the master - here, the Get of freedom also mentions something (Metaltelim) that belongs to the master).

(a) (Rava): There are five laws which take effect only if someone writes away all his property, they pertain to a Shechiv me'Ra, a slave, a wife, sons, and a gift to evade.

1. Matnas Shechiv me'Ra - (Mishnah): If a dying man gave away all his property and retained a small amount of property for himself, he cannot retract;

i. If he did not keep property for himself, he can retract.

2. Freeing a slave - (Mishnah): If Reuven wrote all his property to his slave, the slave goes free;

i. If Reuven kept any amount of land, the slave is not free.

3. A wife - (Rav Yehudah): If a man wrote a document giving all his property to his wife, he only made her an overseer.
4. Sons - (Mishnah): If Shimon wrote his property to his sons and gave his wife any amount of land, she forfeits her (lien on this land given to the sons to collect her) Kesuvah.
5. Mavrachas [an evasion document - a woman with property who is about to marry and does not want her husband to get her property, she writes her property to someone else;

i. (Shmuel): Surely, she does not give away all her property, the gift is totally void.
ii. Question (Beriasa - Chachamim): If she did not stipulate 'I will take it back when I want', the receiver can keep it.)
iii. Answer (R. Zeira):] Shmuel's law is if she gave all her property, the Beraisa is when she kept some.

(b) (Rava): In all cases, keeping Metaltelim is considered that not everything was given except for a Kesuvah, for Chachamim enacted that it is collected from land, not from Metaltelim.
(c) (Ameimar): If a man gives all his property to his sons except for Metaltelim (that were designated to pay the Kesuvah), she does not forfeit her (lien on his property to collect her) Kesuvah (because she expects to collect it from the Metaltelim, she sees no need to protest about the land).

(a) If Shimon said '*Nichsai* (my property) is to Ploni', this includes slaves.

1. (Mishnah): If Reuven wrote all his property to his slave, the slave goes free.

(b) Land is called 'property';

1. (Mishnah): Property that has Acharayos (i.e. land) is acquired through money, a document or Chazakah.

(c) A garment is called 'property';

1. (Mishnah): Property that has no Acharayos (i.e. Metaltelim) is only acquired through Meshichah.

(d) Money is called 'property';

1. (Mishnah): Property that has no Acharayos is acquired with (Agav) land, through money, a document or Chazakah (on the land).
2. Rav Papa had 12,000 Dinarim in Bei Chuza'i; he gave them to Rav Shmuel bar Acha, Agav the corner of his house, in order that the watchman would give them to Rav Shmuel (to return to Rav Papa).

(e) A document is called 'property';

1. (Rabah bar Yitzchak): There are two laws of documents:
2. If the seller said 'Acquire the field for Ploni (e.g. Chalifin) and write the document', he can retract his authorization of a document, but not the gift (the people present acquired immediately for Ploni);
3. If he said 'Acquire the field for him on condition that you write the document', he can retract the document and the gift (until Ploni receives the document).
4. (R. Chiya bar Avin): There is a third law, if the seller wrote the document in the buyer's absence;

i. (Mishnah): A seller may write the document in the buyer's absence.

5. When the buyer makes Chazakah on the field, he acquires the document, wherever it is, as we learned in a Mishnah:

i. (Mishnah): Property without Acharayos (in this case, the document) can be acquired Agav land, through money, a document or Chazakah.