REVACH L'DAF
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SUMMARY
A Kinyan Chatzer is learned out from Yad but it is also no worth than a Shali'ach.
If a Get is placed in the Chatzer of a woman since it is a Chov for her she is only divorced if she is standing next to the Chatzer.
If a gift is placed in the Chatzer it is a Zechus for the recipient and therefore the Chatzer IS a Shali'ach and it is not necessary for the owner to stand next to the Chatzer. (1)
If a deer is running through a person's Chatzer if when he runs after it he will reach it he is Koneh with a Kinyan Chatzer.
If he is given the animal as a gift and it is placed in his Chatzer he is Koneh even though if he runs after it he will not reach it.
If someone throws a purse through one entrance and it flies out the opposite entrance of the Chatzer it is a Safek if the owner of the Chatzer is Koneh with a Kinyan Chatzer. (2)
The Metzi'ah of a Katan belongs to the father, the Metzi'ah of an Eved Kena'ani belongs to the master and the Metzi'ah of a wife belongs to the husband. (3)
R. Yochanan says that even a Gadol who eats in his father's table his Metzi'ah belongs to the father and conversely the Metzi'ah of a Katan who doesn't eat on his father's table belongs to himself. (4)
The Metzi'ah of a Katan belongs to the father because when he finds it he runs to bring it to his father. (5)
If a day worker is working on a field his son may walk behind him and pick up the Leket.
If someone is a sharecropper on a field his son may not follow behind him and pick up the Leket, while R. Yosi says that the son and wife may pick up the Leket. (6)
The Metzi'ah if a deaf-mute, Shoteh, and a Katan may not be taken from them because of Darkei Shalom, R. Yosi says that if the Metzi'ah is taken from them it is Gezel Gamur. (7)
If someone hires a worker to prune or hoe for him for the day if the worker finds a Metzi'ah he may keep it.
If he hires the worker to do general work for him for that day if the worker finds a Metzi'ah it belongs to his employer because the hand of the worker is like the hand of the employer.
R. Yochanan says that the Metzi'ah of an Eved Ivri belongs to his master unless the Eved Ivri is a jewel cutter. (8)
Rav says that the Metzi'ah of an Eved Ivri belongs to his master unless he picks it up at the same time he is doing his work.
A Jewish maidservant goes free when she develops two hairs
Reish Lakish says that a Jewish maidservant goes free upon the death for her father.
The Metzi'ah of a Jewish maidservant belongs to her father not to her master.
The Metzi'ah of a divorced wife belongs to herself even if she is a Safek Megureshes and the husband is obligated to continue to provide her with Mezonos. (9)
The Rabanan decreed that the Metzi'ah of a married woman belongs to her husband so that he will not resent her since he is obligated to support her.
If someone finds a Shtar with
Shibud Nechasim he shall not return it because Beis Din will allow him to collect, but if it doesn't have Shibud Nechasim he may return it according to R. Meir. (10)
The Chachamim hold whether it has a Shibud Nechasim or not he shall not return it because Beis Din will allow him to collect.
A Shtar may be written for a borrower even if the lender is not with him.
A BIT MORE
1. A Get is a Chov and one may not be a Shali'ach for someone without their Da'as and therefore she must be standing next to the Chatzer so that it could be Koneh as a Yad, while for a gift a Shali'ach may be Koneh without his Da'as so therefore even though he is not standing next to the Chatzer she is Koneh.
2. The Safek is whether something that travels through a property but will not land in the property is regarded as if it landed in the property or not. However, if the purse would have landed in the property and someone came along and snatched it out of the air the person who owns the property is Koneh with a Kinyan Chatzer and not the person who snatched it.
3. However, the Metzi'ah of a child who is a Gadol, or the Metzi'ah of an Eved Ivri or the Metzi'ah of a divorced wife even if she had not yet received her Kesuvah belongs to themselves.
4. According to R. Yochanan the reason why the Metzi'ah of a child belongs to the father is because we are concerned that the father will resent that his son is keeping the Metzi'ah in spite of the fact that he is supporting him and maybe he will stop supporting him as a result and therefore the Takanah applies only to a son who is being supported.
5. Therefore when he picks it up he picks it up for his father.
6. Since he has a share in the field he is regarded as the Ba'al ha'Bayis and it is forbidden for the son to pick up the Leket because the Leket that is picked up by a son belongs to the father according to the Tana Kama, while R. Yosi holds that that the Rabanan gave the son a Zechus in the Leket.
7. According to the Tana Kama since the Metzi'ah is theirs only because of Darkei Shalom if someone takes the Metzi'ah the deaf-mute, Shoteh, Katan have no judicial recourse while R. Yosi holds that the deaf-mute, Shoteh, Katan may be Motzi it from them in Beis Din.
8. An Eved Ivri is no different than a worker who is hired for all types of work that his Metzi'ah belongs to the employer, however if the Eved Ivri does very valuable work his master doesn't want him to stop his work and pick up a Metzi'ah and therefore his Metzi'ah belongs to himself and he must subtract from his wages for the amount of time that it took for him to pick it up.
9. A woman is Safek Megureshes if her husband threw her a Get and it is a Safek if it is closer to him or to her.
10. A Shtar with Shibud Nechasim may not be returned even if the borrower admits that he owes the money because of the possibility that the Shtar was written in Nisan and the loan did not take place until Tishrei and the lender may collect illegitimately from the Meshubadim that were sold between Nisan and Tishrei.
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BRIEF INSIGHT
METZI'AH OF A WIFE
The Metzi'ah of a divorced wife belongs to herself even if she is Safek Megureshes and the husband providing her with Mezonos. Although a husband is obligated to continue giving Mezonos to his wife even after a divorce until he gives her the Kesuvah the Gemara did not state that the Mishnah is referring to such a case because it is Pashut that after she is divorced the Metzi'ah belongs to her even though the husband is providing her with Mezonos. (Mitzpeh Eisan)
QUICK HALACHAH
SHICHECHAH
Is the owner of the field was in the city and he says that I know that my workers forgot bundles in a certain place it is Shichechah. If he was in the field and he says the same thing it is not Shichechah because in the field only Shichechah from the beginning is Shichechah but in the city even if he remembers and than he forgets it is Shichechah. (Rambam Hilchos Matnos Aniyim 6:9)
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