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Bava Basra 43
BAVA BASRA 43 - 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 1] NOG'IN B'EDUSAN HEN (NOGE'A B'EDUS)
Witnesses who stand to benefit or lose based upon their testimony about a
certain case (for example, the partners mentioned in the previous Sugya who
can act as witnesses for each other) are termed "Nog'in b'Edusan," and are
disqualified from being witnesses in that case.
2) [line 2] D'CHASAV LEI "DIN U'DEVARIM EIN LI AL SADEH ZU" - I will have no
claim in court on this field [and not even the right to complain (TOSFOS YOM
TOV to Kesuvos 9:1 DH Din) and not even on my share of the field - I have
relinquished my rights and have transferred them to you (RASHBAM)]
3) [line 3] CHAVEIRO - (lit. his friend) his partner
4a) [line 4] V'EIN LI ESEK BAH - and I will have no business regarding it
(RASHBAM)
b) [line 5] V'YADAI MESULAKOS HEIMENAH - and I will withdraw my hands from
it (RASHBAM)
5) [line 6] KESHE'KANU MI'YADO - when he made a Kinyan Sudar (see Background
to Bava Basra 40:4) with him [transferring his rights to the field to his
partner]
6) [line 7] HAREI MA'AMIDAH BIFNEI BA'AL CHOVO - [when he (Reuven) transfers
his rights to his partner (Shimon),] he has in actuality placed [his half]
in front of any [previous] creditor [that he had, who will repossess half of
the field from Shimon in lieu of the debt, and Reuven will benefit from not
transgressing the verse "Loveh Rasha v'Lo Yeshalem" - "The wicked borrows,
and does not pay back" (Tehilim 37:21)]
7) [line 9] ACHRAYUS
(a) "Achrayus" is a way of insuring the purchase of land or the repayment of
a debt. A person who sells a field or gives it as a gift to someone else can
guarantee the field by obligating himself in Achrayus. If it is determined
afterwards that the seller of the giver of the gift did not have the right
to sell or give the land (for example, if there was a lien on the property
and it was claimed by a creditor as repayment for a loan), the assets of the
seller or giver are made available to the buyer to collect the value of the
property that was removed from his possession. If the field was purchased
without Achrayus, the buyer has no legal claim against the seller, and he is
not compensated at all for his loss (Bava Basra 44b).
(b) There is an argument among the Tana'im as to whether a seller
automatically accepts upon himself Achrayus whenever he sells a property or
obligates himself to pay someone (e.g. by writing a document of debt or a
Kesuvah) with a Shtar (a legal document), even if it did not state in the
Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah
states that "Achrayus Ta'us Sofer;" the sale or debt *does* have Achrayus
and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules
that we follow the plain reading of the Shtar, and therefore there is no
Achrayus (Bava Metzia 13b).
(c) The Gemara (ibid. 15b) concludes that even if Achrayus was not written
in the Shtar, the seller *is* obligated in Achrayus unless he made an
explicit condition to be absolved of Achrayus.
8) [line 11] D'KABIL ALEI ACHRAYUS - where Reuven accepted Achrayus upon
himself should any claim be made upon the field that he was Makneh to Shimon
9a) [line 12] ACHRAYUS D'ALMA - Achrayus against any claim that may come
from an outsider (i.e. not a creditor of the partners) who claims that the
field belonged to his father or to him
b) [line 13] ACHRAYUS D'ASYA LEI MACHMASEI - Achrayus against a claim that
comes as a result of Reuven, e.g. his creditor
10) [line 17] BEI TREI - two [men] (see Insights)
11) [line 19] MANEH - a coin equal in value to 25 Sela'im, or 100 Zuz
12) [line 31] ANIYEI D'RAMU ALAIHU - poor people whom the judges are
responsible to support
13a) [line 31] IY D'KITZ LEHU - if they have a fixed amount [for the support
of the poor] imposed upon them
b) [line 32] LEISVU BEI TREI MINAIHU MAI D'KITZ LEHU - let two of them
give the fixed amount
14) [line 34] KEIVAN D'RAVACH, RAVACH - since there is accumulation [of
funds], there is profit [for the judges or witnesses]
43b---------------------------------------43b
15) [line 1] SHEMIRAH BI'VE'ALIM HI
(a) A Sho'el (see Background to Bava Metzia 93:11) is exempt from theft,
loss or damages that occurred to an object if the item was stolen, lost or
damaged while its owner was working for the Sho'el ("Be'alav Imo"). The
Gemara (Bava Metzia 95b) rules that as long as the owner was working for the
Sho'el at the onset of the Sho'el's obligation to guard the object, he gains
the exemption of Be'alav Imo.
(b) This Halachah applies to the Socher and the Nosei Sachar (see Background
ibid.) as well. There is an argument as to whether this Halachah applies to
a Shomer Chinam (ibid.) for whom the owner of the item being guarded is
working. That is, some rule that he is exempt from theft, loss or damages
that occur to the object as a result of his own Peshi'ah (negligence), while
others rule that this Halachah does not apply to the negligence of a Shomer
Chinam.
16) [line 10] D'NICHA LEI (D'HADRA) [D'SEHEDAR LEI] - it is beneficial to
him (Shimon) that it should remain in Levi's possession (lit. that it should
return to him -- Levi)
17a) [line 14] HA'SHENI NO'ACH LI, HA'RISHON KASHEH HEIMENU - (This phrase
is borrowed from the Mishnah in Kesuvos 109a. The intent of our Gemara is
actually *HA'RISHON* NO'ACH LI, *HA'SHENI* KASHEH HEIMENU -- RASHBAM)
b) [line 14] HA'SHENI NO'ACH LI - Levy is easier for me [to deal with]
c) [line 14] HA'RISHON KASHEH HEIMENU - Yehudah is harder for me [to deal
with]
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