Gittin, Daf Zayin, Part 6

 

Introduction

Today s sugya deals with a get written on a boat close to Israel. Does the declaration need to be made?

 

תָּנָא חֲדָא הַמֵּבִיא גֵּט בִּסְפִינָה כְּמֵבִיא בְּאֶרֶץ יִשְׂרָאֵל

וְתַנְיָא אִידַּךְ כְּמֵבִיא בְּחוּצָה לָאָרֶץ

אָמַר רַבִּי יִרְמְיָה לָא קַשְׁיָא הָא רַבִּי יְהוּדָה הָא רַבָּנַן דִּתְנַן עֲפַר חוּצָה לָאָרֶץ הַבָּא בִּסְפִינָה לָאָרֶץ חַיָּיב בְּמַעֲשֵׂר וּבִשְׁבִיעִית אָמַר רַבִּי יְהוּדָה אֵימָתַי בִּזְמַן שֶׁהַסְּפִינָה גּוֹשֶׁשֶׁת אֲבָל אֵין הַסְּפִינָה גּוֹשֶׁשֶׁת פָּטוּר

 

One tanna taught: One who brings a get written on a boat it is like he is bringing it in the land of Israel.

And the other baraita teaches: It is like he is bringing it outside of Israel.

R. Yirmiyah said: This is not a difficulty: One is Rabbi Yehudah and the other the rabbis as it was taught: Earth from outside the land that has come into the land [of Israel] in a boat, [the produce grown in it] is subject to tithes and to the [laws relating to] the seventh year.

Rabbi Judah: when does this apply? When the boat touches [the ground]. But if the boat does not touch the ground, he is exempt.

 

The two baraitot dispute over whether a get written on a boat is like a get written in Israel or not. Rashi explains that right now we are supposed to think that the boat was traveling on a river in Israel (small boat, I suppose).

R. Yirmiyah solves the problem by suggesting that the two baraitot follow different views found in a mishnah from Hallah (2:2). According to R. Yirmiyah, the sages in this mishnah hold that earth in a boat on its way to Israel counts as if it was in Israel. The same would be true for a get written on a boat. R. Yehudah would hold that the dirt is not part of Israel until it lands in Israel. He would hold that a declaration must be made over a get written on a boat.

 

אַבָּיֵי אָמַר הָא וְהָא רַבִּי יְהוּדָה הִיא וְלָא קַשְׁיָא כָּאן בִּזְמַן שֶׁאֵין הַסְּפִינָה גּוֹשֶׁשֶׁת כָּאן בִּזְמַן שֶׁהַסְּפִינָה גּוֹשֶׁשֶׁת

 

Abaye said: Both are representative of the views of R. Yehudah and there is no difficulty: Here refers to a case where the boat touches the ground and here refers to a case where the boat does not touch the ground.

 

Abaye solves the two contradictory sources in a different manner both are the views of R. Yehudah. Unless the boat touches the ground, the boat is not considered in the land. But the baraitot refer to different situations in one it touches the ground and in the other it does not.