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Bava Basra 71
BAVA BASRA 71-75 - Sponsored by a generous grant from an anonymous donor.
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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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