1) HALACHAH: SELLING THE CITY "SENTAR"

OPINIONS: The Mishnah discusses what the sale of a city includes. Raban Shimon ben Gamliel says that the sale of a city includes its Sentar. This implies that the Tana Kama maintains that the Sentar is not included in the sale.

What is a Sentar? The Gemara cites two opinions. According to one view, a Sentar is a "Chavanisa." According to the other view, a Sentar is "Bagei." What do these terms mean?

(a) The Rishonim give three definitions for "Chavanisa."

1. RABEINU GERSHOM says that the Chavanisa is the person who has the city records, who knows how much taxes have been paid and by whom. He also knows the various properties and fields and their owners.

2. The RASHBAM (DH Bar mei'Chavanisa) explains that the Chavanisa is the public servant who knows exactly where all of the borders of the various properties in the city are found.

3. The Rashbam (ibid.) quotes RABEINU CHANANEL who says that the Chavanisa is the public servant who guards the city.

(b) The RASHBAM (DH Bagei) explains that "Bagei" refer to the outlying fields of a city.

HALACHAH: Does the Halachah follow the view of Raban Shimon ben Gamliel, such that a "Sentar" is included in the sale of a city?

(a) The RIF rules that the Halachah does not follow the view of Raban Shimon ben Gamliel.

The ROSH questions the Rif's ruling from the Rif's own words in Gitin. In Gitin, the Rif records the statement of Rebbi Yochanan that the Halachah always follows the view of Raban Shimon ben Gamliel (with the exception of three cases). Why, then, does the Rif here write that the Halachah does not follow the view of the Raban Shimon ben Gamliel?

1. The Rosh suggests that when the Rif in Gitin quotes Rebbi Yochanan's rule, he is referring to one of the three cases in which the Halachah does not follow the view of Raban Shimon ben Gamliel ("Tzidon"). The Rif cites Rebbi Yochanan's rule there to show that the Halachah does not follow Raban Shimon ben Gamliel in that case, despite the fact that no one explicitly argues with Raban Shimon ben Gamliel there. However, it is possible that the Rif does not mean that the first part of the rule (that the Halachah always follows Raban Shimon ben Gamliel) is true in other cases. Indeed, the students of Rebbi Yochanan disagree about whether Rebbi Yochanan ever said such a rule (see Kesuvos 77a).

2. The SHACH (CM 215:1) says that the question is not on the Rif, but on the Rosh. Another common rule states that when an Amora lists a number of Tana'im who rule in a certain way, this shows that the Halachah does not follow their view. The Rosh himself quotes this rule. Later in the Gemara (78b), Abaye presents a list of Tana'im who rule that when an object is sold, the object and all of its subsidiary functions included in the sale. His list includes Raban Shimon ben Gamliel, who says that the Sentar is included in the sale of a city. Accordingly, the Rif is justified in saying that the Halachah does not follow Raban Shimon ben Gamliel in this case, and the Rosh's question seems to have no basis. (Perhaps the Rosh understood the former rule as more absolute, although it is not clear why that should be so.) (Y. MONTROSE)

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