1)IS THE WORDING OF OUR MISHNAH PRECISE?
(a)Objection (Rav Yosef): That Mishnah says 'land' only for parallel structure to the Reisha;
1.(Reisha - R. Akiva): The following apply to any amount of land: one must leave Pe'ah (a corner for the poor, and he does not harvest it), one must bring from it (to a Kohen in the Mikdash) Bikurim (first fruits of the seven species), one may write on it a Pruzbul (a document saying that he hands over his debts to Beis Din, so Shemitah will not cancel them), and one may acquire Metaltelim Agav (with) it by acquiring the land through money, a document or Chazakah.
(b)Answer (part 2, to Objection 2:f, 149b - Abaye): Sometimes a Mishnah says 'any amount', but a certain amount is required!
1.(Mishnah - R. Dosa ben Hurkanus): One must give (to a Kohen) Reishis ha'Gez (first shearings of his sheep) only if he shears from each of five sheep a Maneh (the weight of 9600 barley seeds) and a half of wool.
2.Chachamim say, he is liable for any amount at all.
i.Question: Chachamim say 'any amount.' How much is this?
ii.Answer (Rav): It is a Maneh and a half. Each sheep must yield a fifth of this.
(c)Objection (Rav Yosef): There, it says 'any amount' to contrast with R. Dosa, who requires a large amount.
2)ARE SLAVES CONSIDERED LIKE LAND?
(a)The following is obvious. If Reuven said 'my Metaltelim are to Ploni', he acquires all Reuven's Kelim, except for wheat and barley (Rashbam - and animals);
1.If he said 'all my Metaltelim', Ploni acquires even wheat and barley and the upper millstone, but not the lower millstone;
2.If he said 'everything that can be moved', he even acquires the lower millstone.
(b)Question: Is a slave considered like land or Metaltelim?
(c)Answer #1 (Rav Acha brei d'Rav Avya - Mishnah): If one sells a city, this includes the houses, pits, bathhouses, dovecotes, olivepresses and Beis ha'Shelachin (even if it is outside the city);
1.Metaltelim are not included;
2.If he said 'it and everything inside', even animals and slaves are included.
3.Summation of answer: If slaves are Metaltelim, we understand why they are excluded (in the Reisha). However, if slaves are like land, why are they excluded?
(d)Objection: If they are Metaltelim, why does it say (in the Seifa) 'even animals and slaves'?
1.You must say that Metaltelim that move (by themselves) are different than Metaltelim that do not move;
2.Likewise, we can say that slaves are like land that moves. They are different than land that does not move (therefore, they are not sold with the city)!
(e)Answer #2 (Ravina - Mishnah): If Reuven wrote all his property to his slave, the slave goes free;
1.If Reuven kept any amount of land, the slave is not free.
2.R. Shimon says, in either case he is free, unless Reuven wrote 'all my property is to my slave, except for one part in 10,000.'
3.(Rav Dimi bar Yosef): Keeping Metaltelim is like keeping land regarding a slave, but not regarding a Kesuvah.
4.(Rava): The reason is, slaves are like Metaltelim, so keeping Metaltelim affects (freeing) slaves (it suggests that he also kept part of the slave);
i.A Kesuvah is like land, so receiving Metaltelim is not like receiving part of her Kesuvah (to show that she pardons her lien).
(f)Rejection (Rav Ashi): No (keeping Metaltelim does not suggest that he kept also part of the slave);
1.Rather, the slave does not go free, because this is not Kerisus (the Get of freedom must totally sever (the slave) from the master. Here, the Get of freedom also mentions something (Metaltelim) that the master keeps.)
3)LAWS THAT DEPEND ON GIVING AWAY ALL THAT ONE OWNS
(a)(Rava): There are five laws that apply only if one gave away all his property. They pertain to a Shechiv Mera, a slave, a wife, sons, and a gift to evade.
1.Matnas Shechiv Mera - (Mishnah): If a Shechiv Mera gave away all his property and retained a small amount of land for himself, he cannot retract;
i.If he did not keep land for himself, he can retract.
2.Freeing a slave - (Mishnah): If Reuven wrote all his property to his slave, the slave goes free;
i.If Reuven kept any amount of land, the slave is not free.
3.A wife - (Rav Yehudah): If a man wrote a document giving all his property to his wife, he only made her an overseer.
4.Sons - (Mishnah): If Shimon wrote his property to his sons and gave to his wife any amount of land, she forfeits her (lien on this land given to the sons to collect her) Kesuvah.
5.Mavrachas [an evasion document. If a woman with property is about to marry and does not want her husband to get her property, she writes her property to someone else.)
i.(Shmuel): Surely, she does not give away all her property. The gift is totally void.
ii.Question (Beriasa - Chachamim): If she did not stipulate 'I will take it back when I want', the receiver can keep it.)
iii.Answer (R. Zeira): The Beraisa discusses one who kept some of her property. Shmuel taught that] Mavrachas is invalid only if she gave all her property.
(b)(Rava): In all cases, if one kept Metaltelim, it is not as if he gave everything, except for a Kesuvah, for Chachamim enacted that it is collected from land, and not from Metaltelim.
(c)(Ameimar): If a man gave all his property to his sons except for Metaltelim (that were designated to pay the Kesuvah), she does not forfeit her (lien on his property to collect her) Kesuvah. (Since she expects to collect it from the Metaltelim, she sees no need to protest about the land.)
4)WHAT IS CALLED PROPERTY?
(a)If Shimon said 'Nichsai (my property) is to Ploni', this includes slaves.
1.(Mishnah): If Reuven wrote all his property to his slave, the slave goes free.
(b)Land is called 'property';
1.(Mishnah): Property with Acharayus (there is compensation if it is legally taken from the buyer, i.e. land) is acquired through money, a document or Chazakah.
(c)A garment is called 'property';
1.(Mishnah): Property that has no Acharayus (i.e. Metaltelim) is only acquired through Meshichah.
(d)Money is called 'property';
1.(Mishnah): Property that has no Acharayus is acquired with (Agav) land, through money, a document or Chazakah (on the land).
2.Rav Papa had 12,000 Dinarim in Bei Chuza'i; he gave them to Rav Shmuel bar Acha, Agav the corner of his house, in order that the watchman would give to them to Rav Shmuel (to return to Rav Papa).
(e)A document is called 'property';
1.(Rabah bar Yitzchak): There are two laws of documents:
2.If the seller said 'acquire the field for Ploni (e.g. Chalipin) and write the document', he can retract his authorization of a document, but not the gift (the people present acquired immediately for Ploni);
3.If he said 'acquire the field for him on condition that you write the document', he can retract the document and the gift (until Ploni receives the document).
4.(R. Chiya bar Avin): There is a third law, if the seller wrote the document in the buyer's absence;
i.(Mishnah): A seller may write the document in the buyer's absence.
5.When the buyer makes Chazakah on the field, he acquires the document, wherever it is, as we learned in a Mishnah:
i.(Mishnah): Property without Acharayus (liability to compensate the buyer if the property is legally taken from him; here, it refers to the document) can be acquired Agav land, through money, a document or Chazakah.