the borders of eretz yisroel in the first mishna of maseches gittin

7/23/2019 The Borders of Eretz Yisroel in the First Mishna of Maseches Gittin

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The Borders of Eretz Yisroel In the first Mishna of Maseches Gittin, we learn that when amessenger brings a get from the Diaspora to Eretz Yisroel, he must testify that it was written andsigned in his presence The Gemara offers two reasons for this re!uirement "ccording to #abba,this is to ensure that the get was written properly "ccording to #a$a, this is to enable Beis Din inEretz Yisroel to $erify that the signatures of the witnesses on the get are authentic The Mishna

then launches into a discussion of the borders of Eretz Yisroel, as rele$ant to this restriction%arious Tannaim offer their opinions as to which cities are within the borders of Eretz Yisroel,and do not re!uire the testimony of the messenger& and which cities are outside Eretz Yisroel,and thus re!uire his testimony #e'em( In our Mishna, #) Yehuda notes that the city of #e'em isoutside Eretz Yisroel *owe$er, the pesu'im +Yeshoshua -(., regarding /edesh, which isanother name for #e'em0 imply that #e'em is inside Eretz Yisroel This seems to contradict ourMishna Tosefos +s$ "sh'elon0 e1plains that although #e'em was inside the borders of EretzYisroel regarding the holiness of the land, it was far from the centers of population Therefore,the concerns regarding gittin brought from chutz la)aretz are e!ually rele$ant to #e'em East ofthe Yarden( The area of Eretz Yisroel east of the Yarden #i$er is di$ided into three sections 2The northern section has the status of Eretz Yisroel in all aspects The middle section, which

comprises most of the length of the land between the /ineret and the Dead 3ea, is !uestionably part of Eretz Yisroel 4 The southern section, beside the Dead 3ea, is considered chutz la)aretz5e will now describe the status of these three sections in greater detail Gilad( The northernsection, which is today called the Golan, is also called the 6and of Gilad Moshe #abbeinucon!uered this area from the warrior7'ings, 3ichon and 8g, and then ga$e it to the Tribes of Gadand #eu$en as their inheritance "fter the Babylonian E1ile, Ezra returned to resettle the land*e re7con!uered this area, sanctifying it again with the holiness of Eretz Yisroel, which wouldthen remain fore$er +Tashbatz III, --0 "mon and Moa$( The middle section once belonged tothe nations of "mon and Moa$ 5hen Bnei Yisroel first prepared to enter the 6and, *ashemcommanded them not to wage war against "mon and Moa$ *ashem did not yet intend to gi$e ustheir lands, as part of our inheritance +see De$arim (90 *owe$er, :ust before Bnei Yisroel

reached Eretz Yisroel, "mon and Moa$ were con!uered by 3ichon and 8g 3ince we were toldto con!uer the lands of 3ichon and 8g, we were then allowed to claim the lands that they had pre$iously captured from "mon and Moa$ The #ishonim do not come to a definite conclusionwhether these lands were also recon!uered by Ezra, and thus regained the sanctity of EretzYisroel which was lost during Telling the Tree from its ;ruit <ine years ha$e passed sinceMeoros *aDaf *aYomi began its first shiur The young children of the members of that firstshiur ha$e since grown to become teenagers, and the teenage children ha$e grown, gottenmarried, and had children of their own 8nly by watching the progress of the =children of DafYomi=, can we begin to realize the great benefit of setting fi1ed times for Torah study, and theinfluence it has on the entire family There is no doubt that the li$es of these children wereimpro$ed by 'nowing that their fathers study Torah If a father sets fi1ed times for Torah, theTorah =affi1es= itself in the hearts and minds of his family 8nce there was a young man from a>hassidic family, who was swept away from his heritage by the storm winds of =modernenlightenment= #ather than send his children to Torah schools, he wanted to send them tosecular schools, where they would be educated in aspects of gentile culture, which are alien toour tradition *owe$er, there were certain aspects of >hassidic tradition that were so ingrainedinto his psyche, that he could ne$er escape them *e wanted to recei$e a beracha from the#ebbe, before he began his children)s education *e approached his #ebbe, the =Tal >haim= of"tunia, told him of his plans for schooling, and as'ed for a beracha The Tal >haim scolded the



father sternly, and refused to gi$e his blessing The wayward 55 Informing on "nother ?ewƇ

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J[JO7U= [H >hassid then decided to approach the brother of the Tal >haim, the "ha$asYisroel of %izhnitz, for a beracha True to his name, the "ha$as Yisroel was 'nown for his greatlo$e of the ?ewish people 5hen he arri$ed in %izhnitz, the #ebbe welcomed him with openarms and a beaming smile 5hen the #ebbe heard the man)s plan to send his children to a secular school, he offered no rebu'e or complaint Instead, he in$ited the father to :oin him for anafternoon stroll through the woods The two set out for their wal', and after a few moments the#ebbe turned to his companion and said, =These trees remind me of an incident from my youth5hen I was a young child, I studied together with my friends in the home of a tutor +as wascustomary in those days0 5inter passed, and the fresh smells of spring wafted through the air5hen our tutor)s wife needed to clean the house for Wesach, he too' us out to learn in the gardennearby 5e sat down around him in a half7circle, and tried our best to concentrate, but the fresh

smells and beautiful greenery stole our attention The tutor soon realized that his efforts to garner our attention were wasted 8ur eyes darted left and right, e$en as he spo'e= =;inally, he decidedthat instead of fighting a losing battle against the spring air, he would ta'e ad$antage of theopportunity to show us a few of the amazing miracles that *ashem instilled in nature *e led usthrough the woods, pointing out different trees, bushes and flowers *e taught us about thespecial !ualities of each plant, and how to identify it by the shape and color of its lea$es, flowersand stem= The #ebbe went on to tal' about the different trees, their !ualities, and theiridentifying characteristics The #ebbe)s companion thought it unusual that the #ebbe, a saintlyman who de$oted e$ery moment to the ser$ice of *ashem, should go on at such length aboutmatters that seemed so tri$ial 3uddenly, the #ebbe stopped, turned to his companion, and staredat him in dramatic silence Then, the #ebbe put his hand on the man)s shoulder and said withgreat emotion, ="ll these signs are necessary only until the tree puts forth its fruit 8nce you seethe fruits, you 'now e1actly what the Babylonian E1ile +see Tosefos, Ye$amos 2a s$ "mon0The "charonim also !uestion the opinion of the #ambam in this matter, which is unclear +see/aftor %);erach ch Z. and >hazon Ish( 3he$i)is 4 s' ^, who debate this matter, which isrele$ant to the laws of shemita today0 Today, this area is part of ?ordan The southern region(The southern region, alongside the Dead 3ea, is also part of modern7day ?ordan It was notcon!uered by Bnei Yisroel when they came from Egypt, since it was then still part of "mon andMoa$, which Bnei Yisroel were forbidden to con!uer Therefore, Ezra also refrained fromcapturing it This area is thus considered chutz la)aretz in all aspects, e1cept that the 3agesimposed a #abbinic re!uirement to tithe produce grown on ?ewish7owned land in this region+3ee #ambam, Terumos 2(2& Derech Emuna, s' 2-^0 The air of Israel ma'es one wise( E$en theareas east of the Yarden that are definitely part of Eretz Yisroel, are less holy than the westernside The Mishna +Menachos X4b0 tells us that when har$esting grains for the omer and shteihalechem offerings, produce from the western side is preferable The Tashbatz +ibid0 writes thatour 3ages) assurance that the air of Eretz Yisroel ma'es one wise +Ba$a Basra 2^Xb0, applies onlyto the western side of the Yarden ;urthermore, when our 3ages said that anyone who li$es inEretz Yisroel li$es without sin, and being buried in Eretz Yisroel is considered li'e being buried beneath the Mizbei)ach +/esubos 222a0, they referred only to the western side Moshe)s burialsite( The Tashbatz brings an interesting proof for this from Moshe #abbeinu, who was buried on



the eastern side of the Yarden *ashem told Moshe that he would not merit to enter Eretz Yisroelduring his life, or e$en be buried there after his death Yet Moshe was buried in the part of EretzYisroel east of the Yarden ;rom here we learn that the ad$antages of entering Eretz Yisroel and being buried there, apply only to the western side of the Yarden ]URAFJ \U @ ]URAFJ ]UA_VU N=F SFSNU @R OU@ RAJF R`F H nderlining Wesu'im In our Gemara, we find the

opinion of #) Yitzcha', who holds that if a person wishes to copy three words from the Torah, hemust first ma'e a straight line on the paper, and then write the words Thereby, he ensures thatthe words from the Torah will be written in a straight line, to gi$e dignity to the holy words If hecopies only two words, he need not do so The Wischei Teshu$a +YD XZ s' 20 e1plains thatwhen copying only two words, it is not ob$ious that one is copying from the Torah +*e adds thate$en three words are permitted, when it does not e1press a complete idea *owe$er, four wordsalways re!uire an underline0 5riting straight( Tosefos on our sugya e1plains that it is enough tounderline the first line of te1t on a page 8nce the first line is written straight, the following lineswill also be straight "ccordingly, the Beis Yosef +YD XZ0 concludes that our Gemara refersonly to a possu' written on the first line of a page 8therwise, if a line of non7Torah te1t hasalready been written straight on the top of the page, the words from the Torah on the following

line will also be straight 5riting with $owels( The Tashbatz +I, 0 cites from the #ambam)sfather, that if a person copies a possu' with its $owel punctuation, he need not underline In a poetic manner( "ccording to Tosefos, if a person uses a possu' in a poetic manner, with nointention to !uote it as a Torah source, it need not be underlined *e understood that our Gemararefers only to words from the Torah, cited in the conte1t of Torah ;or e1ample, some peopleha$e the custom to read the parsha of 'etores from a piece of parchment 5hen copying the parsha, the first line must be underlined, to ensure that the lines come out straight and dignifiedThe 3hach +YD XZ s' 0 cites opinions that argue They understood that no matter what theconte1t, words from the Torah must be underlined This debate is !uite rele$ant today Manyha$e the custom to write a date on the top of their letters, using the parsha to denote the wee',and the day of the wee' Instead of writing the name of the parsha, they !uote a few words of blessing from the parsha ;or e1ample, =The third day of the parsha of *ow goodly are yourtents, 8 Yaa'o$)= "ccording to the 3hach, these words must be underlined, or written on lined paper "ccording to Tosefos, perhaps this is considered a =poetic manner= that does not re!uirean underline /sa$ "shuris( <onetheless, it is $ery uncommon for people to underline pesu'imwritten in any conte1t The #ishonim noted that e$en in their own times, this e1plicit Gemaraseemed to be ignored 5hy is this so They e1plain that the obligation to underline pesu'imapplies only when writing in /sa$ "shuris, the writing7style in which the Torah is written +seeBeis Yosef, XZ0 The 3hulchan "ruch +XZ(0 cites this conclusion as the accepted halacha The#ambam +cited in Beis Yosef, YD X40 writes that /sa$ "shuris is e1ceptionally holy, being thewriting7style in which the Torah was gi$en, and the 6uchos were car$ed Therefore, it Q[ )S7) )J[JO7U= [H 'ind of tree it is 5hen a ?ew merits to raise proper, ?ewish children, we 'nowe1actly 'ind of ?ew he is= The #ebbe)s sincere message hit home, and the father realized wherethe future of his family would lead, if he continued along his path *e sent his children to a Torahschool, and merited to raise many generations of obser$ant ?ews Get S `R H Tosefos searchesfor a reason why a di$orce contract is called a =get= The >hasam 3ofer e1plains that the wordget is spelled with the *ebrew letters @KU and AUS 5hen these letters are spelled out in full, asabo$e, and the gematria of their letters are added together, we arri$e at the sum total ^- Therules of gematria allow adding another 2, representing the $alue of the word itself, for a total of^-4, which is the gematria of the wordN, which means di$orce The possu' states, @ N,



which means =Dri$e away the scoffer= +Mishlei (2-0 ;rom this possu', our 3ages learn that itis a mitz$a to di$orce an e$il wife +Ye$amos 40 The word @, =scoffer=, is 2- in gematria, tentimes the gematria of S, which is 2 OUU @P OUNK ]UJ FO NAUR )N R`F H Greater thanMeeting Eliyahu *a<a$i The Bnei Yissaschar infers from our Gemara, that it is a greater sign ofcredibility for a person to de$elop true Torah insights, than to recei$e a re$elation of Eliyahu

*a<a$i 8ur Gemara as's how we 'now that #) "$yasar is a credible source for halachic rulingsThe Gemara answers that #) "$yasar once argued with #) Yochanan o$er why a certain person inTanach got angry with his concubine #) "$yasar then recei$ed a re$elation of Eliyahu *a<a$i,who told him that *ashem was studying the same sub:ect, and *ashem !uoted both #)Yochanan)s and #) "$yasar)s e1planations since both opinions are correct It was not enough for the Gemara simply to state that Eliyahu *a<a$i appeared to #) "$yasar The Gemara had to addis improper to use this style to write anything mundane The #ad$az +Teshu$os I%, Z^0 writes, =Ithas great holiness Many deep secrets are hidden in the shapes of its letters It may not be usedfor mundane purposes= 8ne must also be careful ne$er to destroy /sa$ "shuris The Wos'imdiscuss if the bloc' letters used today also ha$e the restrictions of /sa$ "shuris Many rule thatthey do not ha$e such holiness, since for the most part they are in$alid for use in a 3efer Torah

+Tzur Yaa'o$ ch & Igros Moshe YD II, .& YD III, 2-0 "s such, these letters may e$en be brought into an unclean place +see Teshu$os Be)er Moshe III, 2X40 5edding in$itations( 3omeha$e the custom not to write the words, =/ol sason $)'ol simcha $oice of :oy and $oice ofgladness,= on their wedding in$itations in one continuous line #ather, they write two words onone side of the in$itations, and the other two words on the other side This is to a$oid writingthree words of a possu' in one continuous line U@P ]UKFPO ] UR ` H Informing the"uthorities The Gemara tells the story of how a ?ew named Genei$a tormented Mar '$a tosuch an e1tent, that Mar '$a as'ed #ebbe Elazar if he may inform on Genei$a to theauthorities #ebbe Elazar answered that this is forbidden #ather, he ad$ised Mar '$a to go toshul morning and night, and in the merit of his prayers +or Torah study see Tosefos0, *ashemwould punish his enemies 5e see from here that it is strictly forbidden to inform on another ?ewto the authorities Endangering life( The 3ma +>hoshen Mishpat 4XX0 e1plains that when a person informs on another ?ew to the authorities, e$en in a monetary matter, he places the other?ew)s life in danger 8nce the authorities set their eyes on someone)s possessions, their a$aricemight lead them to ta'e his life The #ambam writes( =It is forbidden to inform on a ?ew to thegentiles, whether in matters concerning his bodily safety, or concerning his possessions E$en ifthe other ?ew is a wic'ed person, with many sins, and e$en if the other ?ew torments him"nyone who informs on another ?ew to the gentiles, whether in matters concerning his bodilysafety or his possessions, has no portion in the 5orld to >ome= +*ilchos >ho$eil )Mazi', X(90If informing on another ?ew is such a se$ere sin, why did Mar '$a e$en consider it The leaderof the community( Mahari "ssad +Teshu$os Yehuda Ya)aleh I, YD 990 offers an interestinge1planation, based on the continuation of the #ambam +ibid, X(220, who states that if a persontorments the entire community, he may be informed upon to the gentile authorities Mar '$awas the #eish Galusa, the leader of the ?ewish community of Babylon "s such, Mar '$athought that perhaps since Genei$a was tormenting him, it was as if he was tormenting the entirecommunity Therefore, Mar '$a thought that it might be permissible to inform upon Genei$aMahari "ssad adds that Mar '$a thought for certain that the gentiles would not 'ill Genei$aMar '$a was accustomed to ha$ing miracles performed for him *e therefore presumed that amiracle would also occur in this case, to preser$e Genei$a)s life *owe$er, #) Elazar told Mar'$a that it was still forbidden to inform on Genei$a The torment Mar '$a endured was not



considered a torment for the entire community ;urthermore, despite Genei$a)s shortcomings, hewas still a noted Torah scholar +Gittin 4b0, and it was therefore improper to ha$e him punished by the gentiles 5ho prays for the community The >hasam 3ofer and his son the /sa$ 3ofer +intheir commentaries on our sugya0 note that our sugya is in fact the source for the #ambam)sruling, that one may inform on a person who torments the community #) Elazar told Mar '$a

that instead of informing on Genei$a, he should pray +or study Torah0 to defeat him This impliesthat had this option not been una$ailable, he would ha$e been permitted to inform on Genei$a5hen an indi$idual is tormented, he can turn to *ashem in prayer 5hen the entire community istormented, no one person ta'es it upon himself to pray with all his heart, since each personassumes that someone else will pray instead +see Eiru$in 4a0 Therefore, they ha$e no option butto inform on their tormentor Dangerous dri$ers( The Minchas Yitzcha' +%III, 2ZX0 applies thisdiscussion to the issue of dangerous dri$ers <ormally, it would be forbidden to inform onanother ?ew *owe$er, if a person is 'nown to dri$e rec'lessly, and has been warned to stop, butignored the warnings, one must inform on him, to pre$ent him from endangering the community*e must be stopped by any means, e$en if he will be imprisoned #eporting medical issues(There was once a religious optometrist in Bnei Bra', named Dr " "$raham, who consulted the

Tzitz Eliezer regarding a recurring problem that Dear #eaders, Meoros Daf *aYomi is interestedin hearing your comments, criticisms and suggestions, in order to impro$e the !uality of ournewsletter Wlease contact us at( danielmeorotcoil 3I<>E#E6Y, T*E ME8#83 3T";; 4\JPJPV Z Meorot *aDaf *aYomi Main 8ffice( 5agman street 2 W 8 B Z.2 Beni7Bra'I3#"E6 tel( 9.747^..^444 ;a1( 9.747.-2-- E7mail( (JLA FAL 2 \KFF )N _NR7URZ.2 A -47^..^444 (@S -47.-2-- (_C ( @UUKU in 3" call( 27.4X79Z^meorotmeorotcoil that #) "$yasar)s e1planation of the possu' was cited in *ea$en 8nly fromthis can we conclude that he is a credible source for halachic rulings +Igra D)War'a, 240 \OU@UK \U@J\OF =KOUR@\OU@P RNPOF ]JO ` H Da$ening Early The Gemara tells us that Mar '$awas tormented by his ad$ersaries, and #) Elazer ad$ised him to go to shul morning and night,and his ad$ersaries would be destroyed The %ilna Gaon e1plained the wording of the Gemara,]JO, to mean that one should da$en early in the morning and night 5hen the %ilna Gaonhimself was pursued by his opponents, he followed this practice, and within three months theywere all destroyed +Weninim M)3hulchan *aGra0 \U F@ OFP P UP ]KFF FNUR @P O_ F@U @J ` H In Due Time The Gemara tells us that if a person is harmed by another, but doesnot respond, *ashem =5ho li$es fore$er,= will e1act :udgment on his behalf 5hy does theGemara here refer to *ashem as =*e 5ho li$es fore$er= This is to teach us that e$en if theguilty party is not punished immediately, one should ne$er despair +see Wir'ei "$os 2(.0 *ashemli$es fore$er, and will punish him in due time The >hafetz >haim told the story of a certain person who harmed someone else, and was punished only after thirty years had passed FRUJ O UK UU FRUJ R` H Eretz Yisroel "cross the 5orld In our Gemara, we learn that =thecon!uest of an indi$idual is considered a con!uest= thus imparting the holiness of Eretz Yisroelto the con!uered territory The Bris'er #a$ applied this to the ?ewish people who li$e in theDiaspora, and sanctify the land they li$e in, through their Torah and mitz$os *ashem toldYaa'o$ "$inu, =I will gi$e the land you lay on to you and to your descendants= +BereishisX(240 3o too, where$er Yaa'o$ descendants dwell, practicing there Torah and mitz$os, becomes sanctified with the holiness of Eretz Yisroel occurred in his line of business 8ften hewould test dri$ers or soldiers, and find problems in their $ision that rendered them unfit to dri$eor ser$e in the army "ccording to the medical code of ethics, he was sworn to secrecy *owe$er,if he did not re$eal these defects, his patients could endanger themsel$es and others The Tzitz



Eliezer +%, 240 ruled that he must ta'e e$ery measure to protect the community from harm8therwise, he $iolates the possu', =Do not stand by the blood of your friend= +%ayi'ra 29(20@NU N 7 ]UC@F \FK UNFSK NFUF PCF @J ` H Territorial 5aters of Eretz Yisroel"ccording to the >hachomim in our sugya, the western limits of Eretz Yisroel do not end withthe coast #ather, Eretz Yisroel e1tends into the water, ending at an imaginary line drawn

between the Mountains of "mnon in the north, and the Egyptian #i$er +the <ile0 in the 3outhIslands east of this line, if they are 'nown to ha$e been con!uered by Bnei Yisroel when theycame from Egypt, are considered part of Eretz Yisroel " messenger who brings a get from suchan island to mainland Eretz Yisroel, need not testify that he saw it written and signed Yarden#i$er( The Talmud Yerushalmi +>halla Z(Z0 discusses whether the breadth of the Yarden #i$eritself is considered part of Eretz Yisroel, or perhaps Eretz Yisroel ends with the western ban' ofthe Yarden The >hazon Ish +3he$i)is 4 s' 40 adds that we must also ta'e into account that theri$er swells in the rainy season, and contracts in the dry season "s such, if we consider theYarden the border of Eretz Yisroel, the border is apt to change slightly from season to seasonBased on this, #) >haim /anie$s'i shlita, in his sefer Derech Emuna, discusses whether thewestern border of Eretz Yisroel can also change, if the land of Eretz Yisroel would e1tend past

the imaginary line Werhaps we can distinguish between the two borders The eastern border isthe Yarden, where$er that may be, depending on the season The western border is the imaginaryline, regardless of whether the area beneath it is ocean +as it is now0, or dry land +as it may become0 This discussion would be practically rele$ant if Israel would e$er decide to build asystem of dams and drainage systems +following the e1ample of places such as *olland0 toe1tend its inhabitable land into the sea \RN NF @ U= RFUU ]FK R` H Buying a *ome on3habbos In our Gemara, we learn that in order to buy a home in Eretz Yisroel from a gentile, onemay transgress the #abbinic prohibition of =amira l)a'um= instructing a gentile to perform aforbidden tas' on our behalf ;or this purpose, a ?ew may as' a gentile to draw up a contract,e$en on 3habbos 5hich prohibition The Wos'im debate whether our 3ages permitted onlyha$ing a gentile write a contract, or if they also permitted ma'ing the actual ac!uisition on3habbos "ccording to the Mishpatei Tzede' +cited in Magen "$raham 4-(22 s' 290, one mayas' a gentile to draw up a contract only if he already made the ac!uisition before 3habbos 8ur3ages permitted only amira l)a'um They did not permit ma'ing ac!uisitions The Eliya #abba+ibid0 argues that one may e$en ma'e the ac!uisition on 3habbos, by allowing the gentile to ta'ethe money to complete the sale *e bases this ruling on the Talmud Yerushalmi +Moed /atan(Z0, which rules that =one may ma'e a purchase from a gentile on 3habbos, by pointing towardsa purse full of money, and telling the gentile to ta'e it= ;rom here we learn that the actualac!uisition may also be made on 3habbos The 3hulchan "ruch seems to support this opinion, bystating simply, =8ne may buy a housej in Eretz Yisroel from a gentile on 3habbos,= seeming toimply that the actual sale may also be made on 3habbos The Mishna Berura rules the same 5hymay one purchase a house #ashi +s$ M)shum0 e1plains that we may purchase a house from agentile on 3habbos, =In order to dri$e the idolaters away, and settle ?ews in their place= The#i$ash +Teshu$os 2-2, 4X.0 adds that the mitz$a of settling Eretz Yisroel is primarily to pre$entthe holy land from falling into the hands of the impure 5e learn this from the possu' in theTorah, ]A @ +De$arim .(0, which our 3ages interpret to mean, =Do not grant them occupancyin the land= +"$oda kara -a0 To redeem the land from their hands, our 3ages permitted$iolating #abbinic prohibitions +Magen "$raham s' -0 The >hazon Ish +3he$i)is Z(40 ruledthat according to all opinions +see #ambam and #a)a$ad, Issurei Biah 2Z(.,X0 "rabs today fallunder the prohibition of =Do not grant them occupancy in the land= The only gentiles who



should be permitted to li$e in Eretz Yisroel, are those who obser$e their se$en mitz$os, and belie$e that the ?ews must obser$e our 24 mitz$os

the borders of eretz yisroel in the first mishna of maseches gittin

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