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Bava Basra 42
BAVA BASRA 41 & 42 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
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1) [line 3] NECHASIM BENEI CHORIN - (lit. properties that are free) fields
that do not have a lien on them (which have not been bought by purchasers
from the debtor)
2) [line 4] V'CHI TEIMA 'RAV, TANA HU U'FALIG' - you might say that since
Rav has the status of a Tana (a Sage of the Mishnah), he holds a dissenting
opinion against the Mishnah
3a) [line 7] KI KA YAZIF - when someone borrows money
b) [line 8] B'TZIN'A KA YAZIF - he borrows privately
4) [line 8] KI HEICHI D'LO LITZELU NICHSEI ALEI - so that his properties
should not go down in value [should others learn that he is in need of money
to repay his debts]
5) [line 9] MAN D'ZAVIN AR'A, B'FARHESIYA ZAVIN - someone who buys land does
so publicly
6) [line 10] KI HEICHI D'LEIPOK LAH KOLA - so that the word gets out [that
he is a wealthy person who buys land -- RABEINU GERSHOM]
7) [line 13] L'MEIMRA D'LOKE'ACH IS LEI KOLA? - Does this mean that when one
buys [from an heir] the word gets out [such that the Me'ar'er must protest,
and if he does not, the Machzik gains a Chazakah]?
8) [line 18] EIN LECHA MECHA'AH GEDOLAH MI'ZO - there is no greater protest
than this [against the Machzik, that the heir sold the land to a buyer - and
the Machzik should have held on to his Shtar for more than three years. As
such, it seems that when one buys from an heir, the word does *not* get out]
9a) [line 20] UMANIN - craftsmen who work in their own shops [and may
maliciously claim that the objects upon which they are working belong to
them]
b) [line 20] SHUTAFIN - partners
c) [line 20] ARISIN - sharecroppers, hired field laborer who receives a
percentage (1/2, 1/3 or 1/4) of the produce of the field
d) [line 21] APOTROPIN - (O.F. seneschal) stewards, managers of the
household (RASHI to Sukah 27a)
10) [line 21] EIN LAHEM CHAZAKAH - (a) Possession of most Metaltelin
(immobile goods) that are not normally borrowed is usually proof of
ownership. Such is not the case with the people mentioned in our Mishnah,
where the items are expected to be in their possession. Unless the possessor
has proof of purchase such as witnesses or documents, he cannot claim that
they belong to him, since the Me'ar'er has witnesses that he is the owner
and claims that he entrusted these items to these people. (RASHBAM); (b)
even if these items have been in the possession of the people mentioned in
the Mishnah for three years, they do not gain a Chezkas Shalosh Shanim on
the items (RABEINU GERSHOM)
11) [line 22] NICHSEI ISHTO (NICHSEI TZON BARZEL / NICHSEI MILUG)
A woman brings into her marriage two types of possessions, as follows:
1. Possessions that the wife owned before marriage, the values of which were
estimated and written in the Kesuvah, to be returned to her in full upon
divorce or the husband's death. These are called Nichsei Tzon Barzel ("Iron
Flock Properties") because their value does not change between the time of
marriage and the time of divorce or the husband's death.
2. Possessions that were not estimated and their values were not specified
in the Kesuvah. Upon divorce or the husband's death, the property is
returned as is, regardless of its appreciation or depreciation (or
deterioration) over the years. These are referred to as Nichsei Milug
("Properties that are Plucked"), because for the duration of the marriage
the husband may take ("pluck") the produce (Peiros) of these possessions
(e.g. reaping the fruit of a field, or plowing with an ox). However, he may
not "use up" the property itself (e.g. by digging trenches in the field or
slaughtering the ox). The father, in contrast, does not have the right to
the Peiros of his betrothed daughter's property (i.e. if she inherited
property from her mother's relatives).
12) [line 24] B'MACHZIK - regarding a person who is in possession [of the
land while a Me'ar'er protests his claim]
13) [line 25] HA'ACHIN SHE'CHALKU - brothers who divided [their father's
estate]
14) [line 25] HA'MACHAZIK B'NICHSEI HA'GER (NICHSEI HA'GER SHE'MES)
(a) When a Jew dies, his closest relatives inherit his estate (according to
the hierarchy established by the Torah as recorded in Bamidbar 27:8-11).
Since all of the Jews are related to each other (at least through Yakov
Avinu and his sons), every Jew must have heirs. A convert, however, may have
no heirs (since his non-Jewish relatives do not inherit his estate). When a
convert dies without heirs, his estate becomes Hefker (ownerless). The first
person who takes possession of his belongings becomes their owner.
(b) In order to take possession of the estate of a convert who dies without
any heirs, one must make a Ma'aseh Kinyan, a formal Halachically-binding act
denoting the acquisition of any part of the estate, as in all cases of
taking possession of items that are Hefker. Depending on what object one is
acquiring, different Kinyanim are used. The forms of Kinyan that may be used
for the acquisition of the Metaltelin (mobile items) of a Ger are Hagbahah
(i.e. lifting the item), Meshichah (i.e. pulling the item or causing it to
move) and Chatzer (i.e. bringing the item into one's private domain). The
only form of Kinyan that may be used for the acquisition of the land of a
Ger is Chazakah (i.e. performing an act that is normally performed only by
an owner).
15a) [last line] NA'AL - [if the one who takes possession of the Nichsei
ha'Ger hung a door and] locked it
b) [last line] GADAR - [if he] fenced in [the property]
c) [last line] PARATZ - [if he] made a breach in a fence to create an
entrance
42b---------------------------------------42b
16) [line 5] NA'ASIM SHOMREI SACHAR ZEH AL ZEH (FOUR SHOMRIM: SHOMER SACHAR)
(a) The Torah (Shemos 22:6-14) mentions four types of Shomrim (watchmen)
and the different Halachos that apply to them (see Background to Bava Metzia
98:1).
(b) The Nosei Sachar, or Shomer Sachar, is one who is paid to watch an item
but is not permitted to use it. He is liable for damages in cases of
Peshi'ah, theft or loss, but is not liable in a case of Ones.
17) [line 7] ME'ARTA - (a) the cave; (b) according to the Girsa
*MA'ATZARTA* - the room with a winepress
18) [line 8] SHUTAF K'YORED BI'RESHUS DAMI - a partner [who is Machzik the
entire item or field of Shutafus] is considered to have permission to do so
19a) [line] NACHIS L'CHULAH - he was Machzik (lit. went down into) the
entire [field of Shutafus]
b) [line] NACHIS L'FALGA - he was Machzik (lit. went down into) [the
better] part [of the field of Shutfus, claiming that he and his partners
dissolved the partnership and this is his share. His partner, however,
claims otherwise.]
20) [line 11] AMREI LAH L'HAI GISA, V'AMREI LAH L'HAI GISA - some [Sages]
explain it this way, and some [Sages] explain it this way (i.e. some explain
that the partner who was Machzik the entire field gains a Chezkas Shalosh
Shanim, while a partner who was Machzik the better part of the field does
not gain a Chezkas Shalosh Shanim. Others explain inversely. See RASHBAM.)
21) [line 13] IS BAH DIN CHALUKAH - there is enough to divide
22) [line 17] NOTEL B'SHEVACH HA'MAGI'A LA'KESEFAYIM - he takes (a) produce
that is fully grown and just about ready to be harvested and carried on the
shoulders to the marketplace. However it still needs to grow in the ground a
bit more, for if it would truly be fully grown then it would be considered
Peiros (from which the lender may not collect), and not Shevach. (RASHI to
Bava Metzia 15b, ARUCH, TOSFOS to Bava Kama 95b DH Shevach and to Sotah 25b
DH k'Gavuy); (b) produce that was produced by the toil of the shoulders, and
did not grow on its own (RABEINU TAM, in TOSFOS DH Shevach and in TOSFOS to
Bava Kama 95b DH Shevach).
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