REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
Forty Se'ah of Ketzutzei (boxes) Tefilin were found on the heads of the Harugei Beitar.
Two Sela'im of Piza (a valuable stone) are found in the world one in Rome and one in the rest of the world.
There were 400 Batei Keneses in the city of Beitar and in each one there were 400 Melamdei Tinokos and each one had 400 students.
The son and daughter of Rebbi Yishmael Kohen Gadol were captured as servants to two separate masters who attempted to marry them to each other because of their unique beauty. (1)
The Gemara states that there was a story with an apprentice who used deceit to take his master's wife and make him into his servant and at that moment the Gzar Din was sealed.
Rav says that if land was bought first from the Sikrokin before it is bought from the owner the sale is Batel if the owner says Lech Chazak v'Kni, but if the owner wrote for him a Shtar the sale is valid. (2)
Shmuel says that the sale is only valid if he wrote for him a Shtar with Achrayus Nechasim.
If one buys the Karka that was set aside for a Kesuvah from the husband, before buying it from the wife, the sale is Batel unless the wife wrote for him a Shtar. (3)
If Reuven buys a field from the Sikrokin and after using the field for three years he sold it to Shimon the original owner no longer has a claim on a quarter of the value of the field. (4)
If a Nochri forcibly takes a field from a Yisrael because of a Chov or for no reason other than the fact that he is a Gazlan, the Din of Sikrokin does not apply and the field must be returned to the owner.
If a Nochri forcibly takes the field of a Yisrael in Bavel the buyer does not have to return the field to its original owner. (5)
Rav says that the buyer from the Sikrokin must give a quarter of the selling price or a portion of the land for that amount. (6)
Shmuel says that the buyer from the Sikrokin must give a third of the selling price or a portion of the land for that amount. (7)
If someone buys land from a Sikrokin the original owner may decide whether he wants to buy back the land or instead receive a quarter of the value.
If the Sikrokin held the field of a Yisrael for 12 months the original owner loses his right to the field but the buyer must give him a quarter.
A BIT MORE
1. Each one refused to marry the other because they were unwilling to marry a slave and when they recognized each other they cried over each other until their Neshamos departed.
2. He would not have gone so far as to write for him a Shtar unless he was selling it to him wholeheartedly.
3. Because the wife can claim that I only agreed to the sale after you bought it from my husband in order to please my husband. However, if the wife wrote for him a Shtar according to Rav or a Shtar with Achrayus Nechasim according to Shmuel the sale is valid.
4. Since the buyer used the field for three years he has a Chazakah on the field and even though he does not have a Shtar that attests to the fact that he gave the original owner a quarter he is believed that he did so. Although the buyer is only believed if he makes a claim, the Beis Din makes the claim for an inheritor or a buyer who do not have any way of knowing if the first buyer paid the quarter or not.
5. Since the buyer did not take advantage of the court system and did not make a claim on the Gazlan he forfeited his right to the field.
6. Rav holds that the Sikrokin sold him the land for a fifth less than its true value and therefore he must pay the original owner a fifth of the value of the land which is a quarter of the selling price.
7. Shmuel holds that the Sikrokin sold him the land for a quarter less than its true value and therefore he must pay the original owner a quarter of the value of the land which is a third of the selling price.
|
BRIEF INSIGHT
THE APPRENTICE
The Gemara states that there was a story with an apprentice who used deceit to take his master's wife and make him into his servant and at that moment the Gzar Din was sealed. Why was this cause for the Gzar Din? The Maharal explains that it is always Chamas (theft) that causes a Gzar Din as Chazal teach us that the Gzar Din of the Mabul was sealed as a result of Chamas. Using deceit to take a person's wife is undoubtedly regarded as Chamas. The city of Beitar was outstanding in the Midah of Tzeni'us and with the merit of that Midah the city grew to such immense proportion. When they sinned with immorality they were no longer deserving of their special status and when the immorality came about by means of Chamas that was the cause of the Gzar Din.
QUICK HALACHAH
A SIKROKIN
If land is bought from the Sikrokin within 12 months, if the original owner wants the land back it must be returned to him and the original owner must pay him the amount that he paid the Nochri. If the original owner does not want the land back the buyer must pay him a third of the amount that he paid the Nochri. Even if he bought it within 12 months if he bought it from the owner prior to buying it from the Sikrokin the sale is valid. But if he bought it from the Sikrokin first the sale is Batel even if the owner wrote him a Shtar unless the Shtar was with Achrayus Nechasim ,or if he admitted [that the Sikrokin paid him for the Karka] or if witnesses testify that the owner received money from the Sikrokin. (Shulchan Aruch CM 236:2, 3)
|
Next Daf
Index to Revach for Maseches Gitin
|
