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Bava Basra 41
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] CHAZAKAH SHE'EIN IMAH TA'ANAH
(a) A person who claims to have bought a house, a field, an olive press,
etc. from another person, but has no proof of purchase may, nevertheless,
support his claim with a "Chazakah." A Chezkas Shalosh Shanim (a "Chazakah
of three years") means that he has proof (witnesses) that he has been living
in the house or working on the land for three years as an owner normally
would, and his opponent has no witnesses to attest to the fact that he
voiced any Mecha'ah (objection) during those three years. This Chazakah
serves as proof to the claim that he bought the house or land.
(b) A Chezkas Shalosh Shanim works only if he makes a claim along with it.
For example, he must claim when he appears in court that he inherited the
house or that he bought the field and lost any documents attesting to his
ownership. Once he makes the claim, the witnesses who attest to his Chezkas
Shalosh Shanim are effective to uphold his possession of the field.
2) [line 7] HA'BA MACHMAS YERUSHAH - [a Machzik] who comes [to uphold his
claim on a piece of land that he received] because of an inheritance
[against the claim of another party who claims that the land belongs to
them. The Machzik has witnesses that he has been on the land for three years
and that his father owned the land when he died]
3) [line 10] IRKAS - he lost [the document]
4) [line 12] "ACHAVI SHETARACH!" - "Show your Shtar!"
5) [line 13] "PESACH PICHA L'ILEM" HU - this is an instance of "Open your
mouth for the dumb" (Mishlei 31:8), i.e. Beis Din makes beneficial claims
for those who are unable to do so
6) [line 14] ((ANa"V) [ANKa"D] SIMAN) - this is a mnemonic device to
remember the names of the Amora'im that follow, according to the Girsa of
Dikdukei Sofrim #9. It stands for Rav *A*nan (line 14), Rav *N*achman (line
16), Rav *K*ahana (line 24) and Rav Yehu*d*a (line 1, Daf 41b)
7) [line 15] SHAKAL BIDKA B'AR'EI - floodwaters covered his field, washing
away his boundary lines
8) [line 15] AZAL, HADAR GUDA B'AR'EI D'CHAVREI - he went and
[inadvertently] replaced the wall on the property of his neighbor
41b---------------------------------------41b
9) [line 2] TARTEI UTZYASA AL - he [inadvertently] went up into [his
neighbor's property] two garden bed-widths
10) [line 12] MAISINA LACH IGARTA MI'MARAVA - I will bring you a letter from
Eretz Yisrael (lit. the west)
11) [line 13] L'CHI TEISI - when you bring it [we will discuss it. At
present it does not interest me.]
12) [line 14] KASHTA - the name of a place
13) [line 14] ILISA - the second story loft
14) [line 20] CHAVIVI - (lit. my beloved one) Rebbi Chiya, Rav's uncle
(Rav's father Aibo was Rebbi Chiya's brother from the same father. However,
they did not share the same mother. Aibo married Rebbi Chiya's sister from
his mother, and as such, Rav was the son of Rebbi Chiya's brother and
sister -- Sanhedrin 5a)
15) [line 21] CHAZITEI L'DA'ATEI - I accepted his (Rebbi Chiya's) opinion
16) [line 26] RE'AYAH - a proof [that his Ta'anah (claim) is plausable]
17) [line 27] LO SHADI ZUZEI BI'CHEDI - does not throw away money for
nothing
18) [line 29] AVID INISH D'SAYAR (AR'EI) [AR'A] V'LO ZAVIN - a person will
normally can be seen inspecting a piece of his property even though he does
not buy it
19) [line 32] IS LEI KOLA - (lit. since it has a voice) the information
about the sale will become well known
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