Gittin - Daf 48
- Machlokes of קנין פירות כקנין הגוף regarding buying land while yovel is in force
The Gemara says that Rebbe Yochanan and Reish Lakish follow their positions if קנין פירות כקנין הגוף - the ownership of [rights to something’s] produce is tantamount to ownership of the principal itself, in a second case: המוכר שדהו בזמן שהיובל נוהג – One who sells his field during a time when yovel is in force, Rebbe Yochanan says the buyer brings bikkurim and recites the pesukim, and Reish Lakish says he cannot recite them. Since the buyer will have to return the field in yovel, his ownership is essentially only a right to its produce. The Gemara explains the novelty of the two disputes. Later, Rav Yosef notes that Rebbe Yochanan holds אחין שחלקו לקוחות הן – brothers who divide an inheritance are considered buyers of their portions, because the portions they receive are an exchange for their (unknown) “true” portions, ומחזירין זה לזה ביובל – and they must return all divided property to one another at yovel. Since all brothers, then, have only a קנין פירות in every divided estate, if Rebbe Yochanan had not held that such ownership is considered like קנין הגוף and they can recite the bikkurim pesukim, לא משכחת דמייתי ביכורים – you will not find anyone who brings bikkurim and recites the pesukim אלא חד בר חד עד יהושע בן נון – except an only son of an only son and so forth, back until the time of Yehoshua bin Nun, when the land was divided (for only such a descendant has full ownership of his property).
- Three different grade lands paid to three different types of “creditors” – ניזק, בעל חוב, כתובת אשה
The fifth Perek begins: הניזקין שמין להן בעידית – Losses of damaged parties are assessed and then paid with superior quality land of the responsible party, ובעל חוב בבינונית – and a creditor (of a standard debt, such as a loan) is paid with average land, וכתובת אשה בזיבורית – and a woman’s kesubah is paid with inferior land. Rebbe Meir says even a woman’s kesubah is paid with בינונית. The Mishnah adds that although if the debtor does not have land , one may collect from those who purchased land from him (after the debt was incurred), if the debtor does have land, only this land may be collected, even if it is זיבורית. Also, whenever a collection is made from inheritors of the debtor, only זיבורית may be collected. All these laws are for תיקון העולם – societal benefit.
- Machlokes if בדמזיק שיימינן or בדניזק שיימינן
The law that a damaged party receives עידית is included in the Mishnah’s list of laws for תיקון העולם. The Gemara asks that this is a Biblical law, as the passuk states: "מיטב שדהו ומיטב כרמו ישלם" – He shall pay his best field or his best vineyard. Abaye answers that a Rabbinic enactment was pertinent according to Rebbe Yishmael, who holds: מדאורייתא בדניזק שיימינן – Biblically speaking, we assess עידית based on the damaged party’s properties (even if the responsible party owns higher grade property), and because of a Rabbinic enactment, we instead assess based on the responsible party’s properties (enabling a collection of better land). This is a machlokes Tannaim in a Baraisa: מיטב שדהו ומיטב כרמו ישלם– He shall pay “his” best field or “his” best vineyard, Rebbe Yishmael holds that “his” means: מיטב שדהו של ניזק ומיטב כרמו של ניזק – the damaged party’s best field or the damaged party’s best vineyard. Rebbe Akiva says: לא בא הכתוב אלא לגבות לניזקין מן העידית – The passuk only comes to teach to collect for those who were damaged from superior grade land. The Gemara analyzes their machlokes at length, and ultimately explains that Rebbe Yishmael means that the responsible party must pay only from land equal in quality to the highest-grade land which the damaged party possesses, and Rebbe Akiva means to say that the responsible party must pay with the highest-grade land he himself owns.
