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Bava Basra 51
BAVA BASRA 51 - dedicated anonymously towards a Refu'ah Sheleimah for Esther
Basha bas Malka Faiga.
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1) [line 1] DAYANEI GOLAH - the judges of the Diaspora, i.e. the Amora'im
Shmuel and Karna (RASHBAM; however, see Sanhedrin 17b where only Karna is
mentioned)
2) [line 3] MISTABRA AMREI KED'RAV YOSEF - it is more plausible to interpret
the phrase "Eshes Ish Tzerichah Limchos" - "A married woman must protest,"
as referring to a case where a person was Machzik one or two years during
the husband's lifetime and three years after his death. (This is the
suggestion of Rav Yosef (Daf 50b). However, Rav did not mention Rav Yosef,
who lived a few generations after Rav.)
3) [line 6] YICHED LAH AR'A ACHARISI LI'MEZONAH - he designated a different
field (other than the one on which she tried to attain a Chezkas Shalosh
Shanim) from which she should collect her sustenance
4) [line 7] LIGELUYEI ZUZEI HU D'VA'I - (lit. he intended to expose the
coins) the husband only "sold" a piece of land to his wife in order to trick
her into revealing the hidden coins that she stole from him
5a) [line 11] LO HAVAH MAR GABAN B'URSA BI'TECHUMA - the Master was not with
us yesterday evening (a) at the end of the Techum Shabbos [of many
neighboring towns, where the Beis Midrash was strategically located so that
all of the inhabitants in the area would be able to walk there on Shabbos]
(RASHBAM); (b) in the Beis Midrash (the Techum of the Torah) (ARUCH)
b) [line 12] D'AMRINAN MILEI MA'ALYASA - where we said exceptional words
[of Torah]
6) [line 16] DAL ZUZEI ME'HACHA - take away [the payment of] coins from here
(from the case of a man who sold a field to his wife)
7) [line 17] NECHASIM SHE'YESH LAHEN ACHRAYUS NIKNIN B'CHESEF BI'SHTAR
UV'CHAZAKAH - land is acquired through money, a contract, or through a
Chazakah
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal
Halachically-binding act denoting his acquisition of the object, in order
for the sale to be irrevocably binding. Depending on what object one is
acquiring, different Kinyanim are used (see Background to Bava Kama 51:26).
For acquiring land, the Kinyan can be made by the giving over of money, the
writing of a Shtar, or the making of a Chazakah.
(b) Examples of Chazakah for real estate are Na'al (locking), Gadar (fencing
in) and Paratz (making a breach in a fence to create an entrance) or any act
that is done to *enhance* the land, such as digging to improve a field and
the like (MISHNAH Bava Basra 42a).
(c) The word Achrayus in this context means that people will trust a
borrower who owns land (even the smallest amount) since they can expect to
extract payment from the land should the borrower not have the money to pay
back his loan (RASHI to Kidushin 26a).
8a) [line 19] SHTAR MATANAH - a document effecting the transfer of property
through a gift
b) [line 20] SHTAR MECHER - a document effecting the transfer of property
through a sale
9a) [line 22] NEYAR - paper
b) [line 22] CHERES - a potsherd
10) [line 28] KEDEI L'YAPOS KOCHO (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). 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.
(c) In our Gemara, a person who gives a field as a gift wrote that is was
"sold" to the recipient in order to obligate himself in Achrayus (RASHBAM).
11) [line 32] LO NICHA LEI L'SHAVYEI NAFSHEI "EVED LOVEH L'ISH MALVEH" - [a
person may claim that he only borrowed money from his slave or his wife to
get them to reveal the money that he suspects them of having stolen from him
because] he is not comfortable with the idea that he is a debtor, since the
verse states, "a borrower is a servant to the lender" (Mishlei 22:7)
51b---------------------------------------51b
12) [line 1] BERAM - however
13) [line 14] SHAVIK MAR RAVREVEI V'AVID K'ZUTREI?! - the Master has left
aside the great ones (Rav) and ruled like the minor ones (Rebbi Elazar)
14) [line 20] MA'OS TEMUNIN - hidden money
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