More Discussions for this daf
1. Kinyan ha'Guf 2. Kinyan Peiros K'kinyan ha'Guf 3. Question on the Logic of the Gemara
4. Idis Or Ziburis 5. Sdeh Achuzah-Question on Quiz
DAF DISCUSSIONS - GITIN 48

Yossi Klein asked:

Near the top of Amud Aleph, the gemara attempts to bring a proof to Rav Yochanan from the case of one who sells two trees where the din is Mavee V'eino Koreh. The gemara makes a diyuk that when 3 trees are sold, since the land between and around them gets sold automatically with them, the din is Koreh. The gemara assumes that since it's during the time of Yovel, even selling the 3 trees with the karkah would only be a kinyab peros according to Reish Lakish and therefore the buyer would not be koreh so this din must be like Rav Yochanan. The gemara then answers that we're taling about when there's no Yovel.

How could the gemara entertain the possibility that the Braisa is talking during the time of Yovel and according to Rav Yochanan? If it is, then even in the 2-tree case (where no land is sold) he would be koreh because Kinyan Peros is like Kinay Haguf!!!

Yossi Klein, Bet Shemesh, Israel

The Kollel replies:

In the case of two trees, the only Kinyan Ha'Guf that is possible according to Rebbi Yochanan is the Guf of the tree, not the land that the trees are on. This is because, as Rashi (DH "ha'Koneh") states, the reason he is not Korei is because he does not acquire the land in such a purchase, and therefore cannot say "Pri ha'Adamah Asher Nasata Li." The land is not part of the deal regardless of whether or not one holds Kinyan Peiros is like Kinyan ha'Guf. Therefore, the Gemara had every right to assume that this case was according to Rebbi Yochanan as well.

All the best,

Yaakov Montrose