Jun 082017
 

The gemara says that there is a tannaitic debate (between Rebbi and Rabban Shimon ben Gamliel) regarding the same issue that Rabbi Yochanan and ReishLakish were debating – when one acquires the produce it is like he acquires the item itself or not, meaning does he have rights to sell it?  Rabban Shimon ben Gamliel holds that if one sold it, the sale would be valid even though in the case discussed, he thinks one should not be able to sell it ab initio.  Rabbi Yochanan held like Rabban Shimon ben Gamliel on this issue with one exception.  He also added a few cases that would be included also within this psak.  The gemara then discusses cases regarding one who received an etrog as a gift or took from the estate’s funds before they were divided.   Is one able to fulfill the mitzva or not?  Is a gift given upon condition that it be returned, considered a gift?

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