Gittin - Daf 22
- A plant in a perforated pot regarding kinyan
The Gemara discusses various laws of kinyan as they apply to perforated pots. If a person owned vegetables growing in someone else’s perforated pot, and he purchased the pot, כיון שמשך קנה – once he drew the pot near, he acquired the pot with "משיכה", which can acquire portable items. But if the owner of the pot purchased the vegetables, לא קנה עד שיחזיק בזרעים – he does not acquire them until he makes a “chazakah” on the vegetables. Since they are considered attached to the ground (through the perforations), they require a kinyan of chazakah like any קרקע (such as weeding or hoeing). If one person owned both and sold them, then a chazakah made on the vegetables would acquire even the pot, because movable property can be acquired along with קרקע. However, a chazakah on the pot would not even acquire the pot, since it is movable property which cannot be acquired with chazakah.
- A perforated pot in Eretz Yisroel whose branches extend into Chutz La’aretz
The Gemara discusses the laws of maaser as it applies to perforated pots. נקבו בארץ ונופו בחוצה לארץ – If the [pot’s] perforation is in Eretz Yisroel, and its branch extends into foreign land, Abaye says: בתר נקבו אזלינן – we follow its perforation regarding maaser, and since it is growing in Eretz Yisroel, it is obligated in maaser. Rava says: בתר נופו אזלינן – we follow its branch regarding maaser, so this plant is exempt from maaser. The Gemara clarifies: בדאשרוש כ"ע לא פליגי – If it took root in the ground of Eretz Yisroel, no one argues (and it is obligated in maaser, since it is physically rooted in Eretz Yisroel). Their argument is בדלא אשרוש – where it did not take root. This assertion that everyone agrees that the plant’s principal nourishment comes from the ground, where its roots have grown, is challenged from a Mishnah in Bava Metzia: שתי גנות זו על גב זו וירק בינתים – Two gardens, one above the other, and vegetables grow on the vertical wall between them, Rebbe Meir says they belong to the upper garden’s owner, but Rebbe Yehudah holds they belong to the lower garden’s owner, even though they are rooted in the upper garden!? The Gemara answers that Rebbe Yehudah explains his reasoning differently: מה אם ירצה התחתון למלאות את גנתו עפר אין כאן ירק – If the lower garden’s owner would want to fill his garden with earth, thereby leveling the two gardens, there would be no vegetables. His allowing them to exist is what makes them his.
- A get written on an erased or unfinished parchment
The Tanna Kamma of the Mishnah on Daf 21b had taught that a get cannot be written on an erased or unfinished parchment, because it can be forged, but the Chachomim say it is valid. The Gemara explains that the Chachomim is Rebbe Elazar, who holds עדי מסירה כרתי – the witnesses to the delivery enable the get to sever the marriage. Those witnesses, who must testify to the delivery before she can marry, will realize if the get has been altered. Two disputes are recorded about the extent of this ruling. (1) Rebbe Elazar (the Amora) said that it can only be relied on if she presents the get on the day it was given, but afterwards, חיישי' דילמא הוה ביה תנאה וזייפתיה – we are concerned the get had a condition attached, and she forged it to remove the condition. Since time elapsed from the divorce, the witnesses may not recall the condition. But Rebbe Yochanan says she can present the get for up to ten days, and we assume the witnesses would recall any conditions attached to the get. (2) Rebbe Elazar (the Amora) also said that the Tanna Rebbe Elazar only validated erasable gittin. Other documents, such as those typically used for collection, cannot be written on erasable materials, because such documents must be useable for the long term, as it says: "ונתתם בכלי חרש למען יעמדו ימים רבים" – you shall place them in an earthen vessel so they will last for many days. Rebbe Yochanan disagreed and explained that the passuk is merely giving good advice, but not teaching a requirement, and these erasable materials are valid even by other documents.
