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 47
GITIN 47 (2 Nisan) - Dedicated l'Iluy Nishmas: R' Zev ben R' Aharon
(Milner) zt'l, the Rav of Serenik (Byelorussia) by his
great-granddaughter, Chani (Pogrow) Shaw and family.
1) A MAN THAT SELLS HIMSELF
(a) (Mishnah): Reuven sold himself and his children to
Nochrim - we do not redeem Reuven, but we redeem his
children after he dies.
2) ONE WHO SELLS HIS FIELD TO NOCHRIM
(b) (Gemara - Rav Asi): The case is, he sold himself 3 times.
(c) People of Bei Michsi used to borrow money from Nochrim;
when they could not pay back, the lenders took the
borrowers as slaves.
1. Rav Huna: The Mishnah says, we do not redeem one who
(d) A man sold himself to cannibals; he asked R. Ami to
2. R. Aba: But you taught us, that is only when he sold
himself 3 times!
3. Rav Huna: These people are used to this (it is as if
they did it 3 times).
1. R. Ami: The Mishnah teaches, one who sold himself
and his children to Nochrim - we do not redeem the
father, but we redeem his children - this is so the
children will not learn to act as the Nochrim; all
the more so, we redeem in order to save a life!
(e) Reish Lakish sold himself to cannibals. He took with him
a sack with a lead ball concealed inside. He knew that
they grant their victims anything they request on the
last day, in order that the victims should pardon them
for eating them.
2. Rabanan: This man is a Mumar (intentional sinner) -
we saw him eat unslaughtered and Treifah animals!
3. R. Ami: Perhaps he desired eating them (but
otherwise, he would not sin).
4. Rabanan: Sometimes, when he has a choice, he prefers
forbidden food to permitted food!
5. R. Ami (to the man): Leave - based on their
testimony, I cannot redeem you.
1. On his last day he requested that they all be tied
up, and he would give each 1 and a half hits. He was
able to kill them all, most with only 1 hit.
(f) When Reish Lakish died, he left over some saffron to his
heirs. He lamented: "They left their wealth to others".
(a) (Mishnah): One who sells his field to Nochrim buys the
fruit and brings from it Bikurim (the first fruits to
ripen of the 7 species, which are given to a Kohen in the
Mikdash) to fix the world.
(b) (Gemara - Rabah): A Nochri cannot acquire land in Eretz
Yisrael to exempt it from Ma'aser (i.e. that there should
be no obligation to tithe its fruit, as land of Chutz
La'aretz) - "To (Hash-m) is the land" - the sanctity of
the land (therefore, it never goes away);
1. Still, a Nochri can acquire land in Eretz Yisrael to
allow him to dig pits (even though this damages the
land) - "The Heavens are to Hash-m, the land was
given to man".
(c) (R. Elazar): A Nochri can acquire land in Eretz Yisrael
to exempt it from tithes - "(You will tithe) your grain"
- not the grain of Nochrim;
1. Still, a Nochri cannot acquire land in Eretz Yisrael
to allow him to dig pits - "To Hash-m is the land".
(d) Question: On what do they argue?
(e) Answer: R. Elazar expounds "Your Degen (grain)" - not the
grain of Nochrim; Rabah expounds "Your Digun (piling of
grain)" - not the piling of Nochrim.
(f) Support (Rabah for himself - Mishnah): Leket, Shichchah
and Pei'ah (agricultural gifts left for the poor) of
Nochrim must be tithed, unless he made a declaration of
1. Question: What is the case?
(g) Rejection: Really, the fruit grew on a Yisrael's field,
and a Nochri took them.
i. Suggestion: The fruit grew on a Yisrael's
field, and a Nochri took them.
2. Answer: Rather, the fruit grew on a Nochri's field,
and a Yisrael took them.
ii. Rejection: The end of the Mishnah says, unless
he made a declaration of Hefker - the fruit is
Hefker without any declaration!
i. We see, if the Nochri does not make them
Hefker, they must be tithed!
1. The fruit is not fully Hefker without any
declaration - the owner only left them for Yisraelim
to take, not for Nochrim!
(h) (Beraisa): A Yisrael bought a field from a Nochri before
the fruit was 1/3 grown. He sold it back after the fruit
was 1/3 grown - it must be tithed, because it already was
obligated to be tithed (when it was 1/3 grown by the
1. We infer, had it not reached 1/3 growth by the
Yisrael, it would be exempt by the Nochri (even
though it grows by the Nochri - this proves that R.
Elazar is correct)!
(i) Rejection: The Beraisa speaks of Surya; the Tana holds,
land conquered by an individual (David) does not get the
sanctity of Eretz Yisrael. (Tithes apply there
mid'Rabanan, only on the land of Yisraelim.)
(j) (Beraisa - Rebbi): A Yisrael and Nochri bought a field as
partners - the produce is a mixture of Tevel (untithed
produce) and Chulin (produce that need not be tithed);
(k) R. Shimon ben Gamliel says, the Nochri's produce need not
be tithed, the Yisrael's produce must be tithed.
3) OWNERSHIP OF THE PRODUCE
1. They only argue regarding Breirah (R. Shimon ben
Gamliel says that each partner receives his own
share; Rebbi says, each owns half of every fruit -
when they divide up, it is as if they sell to each
other) - but all agree, what grows on the Nochri's
portion is exempt! (This is a proof for R. Elazar.)
(l) Rejection: This Beraisa also speaks of Surya; the Tana
holds, land conquered by an individual does not get the
sanctity of Eretz Yisrael.
(m) Support (for R. Elazar, question against Rabah - R. Chiya
bar Aba - Mishnah): One who sells his field to Nochrim
buys the fruit and brings from it Bikurim to fix the
1. This is only an enactment to fix the world -
mid'Oraisa, it is exempt!
(n) Rejection (Rav Ashi): Really, a Nochri cannot acquire
land in Eretz Yisrael to exempt it from its sanctity;
there were 2 enactments.
1. At first, people would bring Bikurim mid'Oraisa.
Chachamim saw that people were selling since they
felt that the land retains its sanctity, so they
enacted that Bikurim not be brought from such
2. This resulted in people leaving the field in the
hands of the Nochri (By doing so, the original
owners were exempt from Bikurim!) It was enacted
that people resume bringing Bikurim.
(a) (R. Yochanan): A man sold the rights to consume the
produce of his field. The buyer brings Bikurim and
recites the declaration (in which he thanks Hash-m for
"The land you gave to me");
(b) (Reish Lakish): The buyer brings Bikurim but does not
1. R. Yochanan says that he brings and recites - he
holds, owning the produce is as owning the field
(c) [Version #1 - Question (R. Yochanan - Beraisa): "To your
house" - this teaches that a man brings Bikurim from his
wife's property (on which he has rights to eat the
produce) and recites.
2. Reish Lakish says, he brings but does not recite -
he holds, owning the produce is not as owning the
(d) Answer (Reish Lakish): That is an exception, because the
Torah says "To your house".]
(e) [Version #2 - Question (Reish Lakish - Beraisa): "To your
house" - this teaches that a man brings Bikurim from his
wife's property and recites.
1. That is an exception, because the Torah says, "To
your house" - normally, one who owns rights to eat
the produce would not make the recital of Bikurim!
(f) Answer (R. Yochanan): From that verse we learn that
owning the produce is as owning the field itself.]
(g) Question (against R. Yochanan - Beraisa): A man was
bringing his wife's Bikurim, and he heard that she died -
he brings them and recites.
1. We infer, had she not died, he would not (recite)!
(h) Answer: No, even had she not died, he would recite. The
Beraisa gives the case when she died, to teach that we do
not decree on account of R. Yosi bar Chanina's law.
1. (R. Yosi bar Chanina): A landowner harvested his
Bikurim and sent them with a messenger. The
messenger died - even if the man finishes bringing
them himself, he does not recite - "You will take
and you will bring" - the taking and bringing must
be done by the same person.