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1) ACQUISITION OF METATELIM WITH LAND

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

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

(c) Rejection: It does not - R. Gamliel rented them the land so they could leave the produce there as long as they wanted.
(d) Answer #5 (Rabah bar Yitzchak): There are 2 cases of documents: Reuven said 'Acquire this land for Peloni and write the document' - Reuven may retract his authorization to write the document, but he cannot retract the gift;

1. 'Acquire for Peloni on condition that you write the document' - Reuven may retract (his authorization to write) the document and the gift.
2. (R. Chiya bar Avin): There is a third: a Mishnah teaches, 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.

i. This shows, the Metaltelim need not be on the land!

(e) Objection: A document is a special case, it is as a handle on the land, we cannot learn to other Metaltelim!
(f) Answer: (Beraisa): This illustrates the Mishnah 'Metaltelim is acquired with land, through money, a document, or Chazakah'.

1. We see, all Metaltelim is as the document, it need not be on the land.

(a) Question: Must the giver say 'acquire Agav (by way of)'?
(b) Answer #1: In all the above cases, the giver did not say 'Agav' - we see, it is not needed!
(c) Rejection: Nor did he say 'acquire', but surely this is needed - perhaps 'Agav' is also needed!

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

(d) Question: Can one sell Metaltelim Agav a gift of land?
(e) 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 as a sale.)
(f) Question: Can one give the land to Reuven and the Metaltelim to Shimon?
(g) Answer (Mishnah): Another tithe 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.'
(h) Rejection #1: No - he meant, 'I rent Lo (for the Ma'aser) the area it rests on'.
(i) Rejection #2: We cannot learn from there - R. Akiva is as the hand of the poor, it is as if the land was given to the recipient of the Metaltelim.
(j) (Rava): Agav only works if all the money was given; if only part was given, he only acquires according to what he paid.

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

i. Money can redeem Hekdesh and Ma'aser Sheni, a document cannot;
ii. A document can divorce a married woman, money cannot.

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

i. Money and documents acquire Hebrew slaves, Chazakah does not;
ii. Chazakah is stronger than them, for one can acquire 10 fields in different places by making 1 Chazakah.

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

(k) This Beraisa also supports Shmuel.

1. (Shmuel): One who bought 10 fields in different places can acquire them all by making 1 Chazakah.
2. [Version #1 - Support (of Shmuel - Rav Acha brei d'Rav Ika): If one hands over 10 animals in 1 leash, they are all acquired.
3. Rejection: That case is different, for they are all in the hands of the receiver - this is not true by land!]
4. [Version #2 - Question (against Shmuel - Rav Acha brei d'Rav Ika): If one hands over 10 animals in 1 leash and said 'Acquire this one', only 1 is acquired!
5. Rejection: That case is different, for they are distinct animals - but all land is connected!]

(a) (Mishnah): One who must swear on Metaltelim...
(b) (Ula): We learn an oath of Gilgul (that once forced to swear, one can be forced to swear about additional things) from Sotah.

1. (Mishnah): "She will answer 'Amen, Amen'" - she accepts the curse and the oath; she swears that she did not have adultery with this man or any other man; that she did not have adultery during Kidushin or Nisu'in, while a Shomeres Yavam or after Nisu'in.
2. Question: What is the case of during Kidushin?

i. Suggestion: He warned her during Kidushin, and she is currently Mekudeshes.
ii. Rejection (Mishnah): A woman that is Mekudeshes or a Shomeres Yavam does not drink and does not get a Kesuvah, because the Torah said 'Under your husband'.

3. Answer #1: Rather, he warned her during Kidushin and she is drinking after Nisu'in.
4. Objection: If so, the water would not test her (if she was secluded during Kidushin).

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 Kidushin through Gilgul.