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Bava Basra 57
BAVA BASRA 57 & 58 - dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
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1) [line 6] LO NAFIK NAKI RIV'A D'MAMONA A'PUMA D'ACHEI - [in the case of
our Mishnah,] three quarters (lit. less a quarter) of the money is *not*
extracted on the basis of the testimony of brothers. (Rather, the three
brothers testify to *half* of the Chezkas Shalosh Shanim, one for each of
the years, and the non-relative testifies to the other half. In the case of
our Gemara, we would be relying on the live witness totally to validate his
own signature. Had his brother testified to validate the dead witness'
signature along with another witness, three quarters of the testimony would
have relied on the testimony of brothers.)
2a) [line 8] ELU DEVARIM SHE'YESH LAHEM CHAZAKAH - these are the things for
which it is possible to obtain a Chezkas Shalosh Shanim when one continually
uses them for three years and the person upon whose rights they would
encroach does not protest (a sign that he sold his rights to the Machzik)
b) [line 8] V'ELU DEVARIM SHE'EIN LAHEM CHAZAKAH - and these are the things
for which it is *not* possible to obtain a Chezkas Shalosh Shanim, even when
one continually uses them for three years without any protest from anyone,
since their uses do not constitute permanent use, and the owner upon whose
rights they would have encroached can legitimately claim that he did not
need to protest since the Machzik was not using them the way an owner
normally would
3a) [line 10] TANUR - an oven [that is portable]
b) [line 10] REICHAYIM - a [hand-held] millstone or grindstone
c) [line 10] KIRAYIM - a stove [that is portable]
4) [line 11] NOSEN ZIVLO - one who dumps his animal manure
5) [line 16] NIR - [leaving a field fallow after] plowing
57b---------------------------------------57b
6) [line 1] HA'SHUTAFIN - partners
7) [line 1] HA'AMADAH KEDI - mere placement [without any semblance of
permanence]
8a) [line 3] SHE'NADRU HANA'AH ZEH MI'ZEH - partners who made a vow that
they may not derive any benefit from each other
b) [line 4] ASURIN LIKANES LE'CHATZER - are prohibited from entering their
courtyard, [as long as they have not divided it between them] (MUDAR
HANA'AH)
(a) If two partners share a courtyard and they make a vow that they may not
derive benefit from one another, they must divide the courtyard before they
are permitted to enter it. Even mundane activities such as standing a
portable oven in the courtyard, which is not prohibited to a normal Mudar
Hana'ah, constitute a violation of their vow.
(b) The size of the courtyard is relevant to this Halachah, as well as to a
normal case of partners who wish to divide their courtyard. A partner can
only force the other to divide the courtyard between them if each partner
receives at least four square Amos after it is divided. Another requirement
for the division is that each partner receives four square Amos in front of
his doorway. If the courtyard is greater than four Amos in length, then the
area that each one receives in front of his doorway must be four Amos by the
length of the entire courtyard. (Bava Basra 1:6, SHULCHAN ARUCH Choshen
Mishpat 171:3, 172:1)
9) [line 5] RECHAVAH SHEL ACHOREI VATIM - an enclosed area behind a house
10a) [line 9] GABEI MAMONA L'KULA - with regard to monetary matters (such as
the Chazakah to which the Mishnah refers), we rule leniently (as in all
matters when we have a doubt with regard to monetary matters, and all
non-permanent uses are permitted, and as such, a Machzik cannot gain a
Chezkas Shalosh Shanim)
b) [line 9] GABEI ISURA L'CHUMRA - with regard to matters of Isur v'Heter
(such as the Mudarei Hana'ah of the Mishnah to Nedarim), we rule stringently
(as in all matters when we have a doubt with regard to Isur v'Heter, and
even entering their courtyard is prohibited)
11a) [line 12] AFILU VITUR ASUR B'MUDAR HANA'AH - even a case of "Vitur" is
prohibited with regard to those who are prohibited to derive benefit from
one another
b) [line 12] VITUR - (a) something that a person forgoes, e.g. a
merchant's customary addition to an exact measure (MEFARESH and RAN to
Nedarim 32b); (b) [the use of] things that a person would normally let
another person use without asking permission (RASHI to Megilah 8a)
12) [line 15] "V'OTZEM EINAV ME'RE'OS B'RA" - "and shuts his eyes from
seeing evil" (Yeshayah 33:15)
13a) [line 22] CHALUK - (O.F. chemise) an undershirt (RASHI to Shabbos 120a)
or shirt worn under another garment
b) [line 23] TALIS - (O.F. mantel) cloak, mantel (a loose outer garment
without sleeves that covers most of the body)
14a) [line 25] GEDIL - covered with a tablecloth
b) [line 25] GALA'I - uncovered
15) [line 26] TABATO - its ring [with which it is moved or hung] (this
refers to a one-person table -- ARUCH)
16) [line 27] YENUKA - a child
17) [line 29] SHAM'A - attendant (waiter)
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