BACKGROUND ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Ask A Question on the daf
Previous daf
Bava Metzia 8
1) [line 16] SHE'ILU AMAR LI'SHELUCHO "TZEI U'GENOV LI" V'GANAV, PATUR - a
Shali'ach cannot be appointed to perform a sin such that the sin will be
attributed to the Meshale'ach and not to the Shali'ach who actually performs
the sin (EIN SHALI'ACH LI'DEVAR AVEIRAH)
See Insights to Kidushin 42:3.
2) [line 17] SHUTFIN SHE'GANVU CHAYAVIN - partners who stole are equally
liable (a) if one of them accomplished the theft (i.e. the Kinyan Geneivah)
with the intent1ion that the stolen item enter both his and his partner's
possession (RASHI); (b) if the two partners accomplished the theft (i.e. the
Kinyan Geneivah) at the same time (e.g. they did Hagbahah (lifting up the
item) together) (TOSFOS)
3a) [line 20] CHERESH - a deaf mute
b) [line 20] PIKE'ACH - a person with full faculties; the opposite of a
Cheresh
4) [line 21] MI'TOCH SHE'KANAH CHERESH (KINYAN CHERESH)
(a) According to the Torah, a person who does not have intelligence cannot
effect a Kinyan (a formal Halachically-binding act denoting his acquisition
of an object). Therefore, a Cheresh (deaf mute), a Shoteh (see Background to
Bava Kama 86:20b) and a Katan (minor), who have no intelligence with regard
to Halachic matters, cannot effect Kinyanim.
(b) Nevertheless, Chazal instituted a Kinyan mid'Rabanan for a Cheresh,
Shoteh and Katan because of Darkei Shalom, i.e. to maintain social justice
(Gitin 59b).
5) [line 31] D'LO (ASI) [LEISI] L'INTZUYEI - so that they do not come to
quarrel
8b---------------------------------------8b
6a) [line 1] RACHUV - riding [on the animal]
b) [line 1] MANHIG - one who drives an animal by hitting it from behind
7) [line 10] HA'MANHIG SOFEG ES HA'ARBA'IM - the one who drives the animal
receives lashes (KIL'EI BEHEMAH: MANHIG)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Many
different types of forbidden mixtures can be referred to by the term
"Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei
Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals:
Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to
clothing: Sha'atnez. (It is also prohibited to cook meat and milk together,
but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ayim of
animals.
(b) HARBA'AS BEHEMAH refers to the prohibition of mating together any two
different types of animals or birds (Bava Kama 54b), as the Torah states,
"Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally
transgresses this prohibition is liable to Malkos.
1. Animals that are produced through Harba'as Behemah are permitted to be
used (see Tosfos Chagigah 2b DH Lisa).
(c) CHARISHAH B'SHOR VA'CHAMOR refers to the prohibition of doing any type
of Melachah (work) with two different types of animals, as the Torah states
"Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of
driving or riding two different types of animals together is included in the
definition of Melachah. One who intentionally transgresses this prohibition
is liable to Malkos.
1. Some rule that the Torah prohibition applies to doing work with any two
types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The
RAMBAM (ibid., Kil'ayim 9:9), however, rules that the Torah only prohibits
doing work with one kosher and one non-kosher animal together, such as an ox
and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two
types of animals, even if they are both kosher or both non-kosher.
8) [line 10] HA'YOSHEV B'KARON - the person who sits in the wagon
9) [line 15] ZIMNIN SAGI'IN - many times
10) [line 17] IVRA! - Indeed! [I did hear this from Rav Yehudah]
11) [line 17] V'DACHRANAN NAMI - and I also recall
12) [line 18] MOSEIRAH - (O.F. chevestre) halter (a rope with a noose or
head stall for leading horses or cattle)
13) [line 25] 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).
(c) If the Ger owned Nochri slaves at the time of his death, at the instant
of his death they become Hefker. Since they possess intelligence, they
immediately "acquire" themselves and become freemen. (According to Aba
Shaul, whose opinion is cited in our Sugya, this Halachah only applies to
adult slaves; minors, who possess no intelligence with regard to Halachic
matters, cannot go free in this manner. Rather, after the Ger's death, they
remain slaves and whoever performs a Kinyan on them, acquires them.)
However, as it is explained in our Sugya, if someone performs a Kinyan upon
the slaves at the instant of the death of the Ger, the slaves do not go
free. Rather, the person who performed the Kinyan upon them acquires them
since there was never a moment when the slaves did not have an owner and
were able to acquire their freedom.
14) [line 31] HASHTA YOSHEV KANI, RACHUV MIBA'I? - If a person who sits in
the wagon can effect a Kinyan on the animal, it goes without saying that a
person who is riding on the animal can effect a Kinyan! (See Insights)
15) [line 33] B'MANHIG B'RAGLAV - someone who is driving the animal by using
his feet to get it to move
16a) [line 36] MOSHCHIN B'GAMAL - pulling a camel
b) [line 36] MANHIGIN B'CHAMOR - driving a donkey
Next daf
|