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Bava Basra 71

BAVA BASRA 71-75 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) [line 1] BOR - a pit that is dug in impermeable ground and that is not lined with stones

2) [line 2] GAS - a pit dug into the ground that is next to the winepress
3) [line 2] SHOVACH - a dovecote
4a) [line 2] CHAREVIN - desolate, uninhabited
b) [line 3] YISHUVIN - inhabited
5a) [line 8] HA'ACHIN SHE'CHALKU - brothers who divided their father's inheritance
b) [line 8] ZACHU BA'SADEH, ZACHU B'CHULAH - once they have acquired [their share of] the field, they have acquired the rights to all of it (including the Bor, Gas, and Shovach in the field)

6) [line 9] HA'MACHAZIK B'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).

7) [line 18] BEISA D'MACHZIK ME'AH GULFEI - a storehouse that holds one hundred barrels

8) [line 23] HA'KONEH SHNEI ILANOS B'SOCH SHEL CHAVEIRO, HAREI ZEH LO KANAH KARKA - when one buys two trees that are standing in the field of his neighbor, he does not acquire the land beneath or around them (and if they die, he is not entitled to replant new trees there; this statement is according to the Rabanan, who hold that a seller sells "b'Ayin Ra'ah")

9) [last line] DUS - a pit in the ground that is lined with stones that rise above the surface of the ground. A Dus also has a cover on top. (BI'UR HALACHAH Orach Chayim 587:1 in his explanation of the opinions of Rashi and Rambam)

71b---------------------------------------71b

10) [line 6] KI KA YANKEI, MID'NAFSHEI KA'YANKEI - when they draw nourishment [from the ground], they are drawing nourishment from his own [land, and not from the land of Hekdesh]

11) [last line] IY NAFLEI, HADAR SHASIL LEHU - if they (the trees) fall, he [owns the land below them such that he] may replant them

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