Today’s daf is sponsored by Emma and Richard Rinberg in honor of the engagement of their son Joseph to Shachar, daughter of Ayelet and Amir Yefet of Shoham.
After concluding that everyone agrees that if a husband puts a get in his wife’s courtyard, she is divorced because her courtyard is considered an extension of her hand, the Gemara brings three explanations as to what Reish Lakish and Rabbi Yochanan disagree about regarding the acquiring of an item through the courtyard of a minor. If people are running after an animal with a broken leg who has entered into someone’s field, the owner of the field can acquire it by saying “My field acquired it” since the animal is incapable of running away. But if the animal could run fast and escape, then that statement would be ineffective. Shmuel qualifies the Mishna that the field is unprotected and the owner is standing nearby. The Gemara brings proof from a braita that in an unprotected field, the owner must be nearby in order to acquire an ownerless item in the field. The braita contradicts itself and therefore an alternative reading is suggested which is used to prove Shmuel. However, the Gemara suggests an alternative reading of the braita to reject the proof, but that reading is not accepted. Ulla and Rabba bar bar Hana also qualified the Mishna in the same way as Shmuel. Rabbi Abba raises a difficulty against Ulla from a Mishna in Maaser Sheni 5:9 about Rabban Gamliel giving rights to maaser to Rabbi Yehoshua and Rabbi Akiva while they were on a boat by giving them rights to a piece of land on his property. Since they were not standing near the property, one can prove that they acquired it without being next to the property. One possible response to the difficulty is to explain that the act of acquiring was a kinyan agav, whereby one who acquires land and moveable items, acquires the land (through money) and the moveable items automatically become theirs. Rabbi Abba didn’t accept this response and Rava explains why. Rava suggests that since there was an easier way to do it – by a kinyan sudar, and they did not use that method of acquiring, it must be because giving rights to maaser is not valued as money, since the maaser belongs to all the Levites/poor people and choosing which one is just considered a benefit. However, the Gemara rejects Rava’s suggestion and explains that gifts of the tithes are considered money and explains why a symbolic act of acquisition would not have been effective, but kinyan agav is. Rav Papa offers a different answer to Rabbi Abba’s difficulty by distinguishing between an ownerless item and one that is passed on by someone else. Is this an accurate distinction, as Ulla rules that when a husband passes a get to a wife’s courtyard, it will only be effective if she is standing nearby?
