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Bava Basra 76
BAVA BASRA 76 & 77- sponsored by Harav Ari Bergmann of Lawrence, N.Y., out
of love for the Torah and for those who study it.
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1) [line 4] SHTAR LI'SEFINAH LAMAH LI? METALTELEI HI - For what [do we need]
a Shtar (a document of sale) for a ship? It is [an item of] Metaltelim
(movable objects, that are purchased with Kinyanim other than a Shtar -- see
Background to Bava Basra 75:76a)
2a) [line 15] BEIN KASAV V'LO MASAR - [regardless of] whether he (the
seller) wrote [a deed of sale for the loan document] and did not hand over
[the loan document] (even if he handed over the deed of sale)
b) [line 16] BEIN MASAR V'LO CHASAV - or whether he (the seller) handed
over [the loan document] and did not write [a deed of sale for the loan
document]
c) [line 16] LO KANAH AD SHE'YICHTOV V'YIMSOR - he (the buyer) has not
acquired [the loan document] until he (the seller) writes [a deed of sale
for the loan document] *and* hands over [the loan document]
76b---------------------------------------76b
3) [line 1] SHE'YISKOR ES MEKOMAH - until he rents the its area (KINAYN
CHATZER)
(a) When a person acquires an object, he must make a Ma'aseh Kinyan, a
formal Halachically-binding act denoting his acquisition of the object, in
order for the acquisition to be irrevocably binding. Depending on what
object one is acquiring, different Kinyanim are used.
(b) One of the forms of Kinyan that may be used for the acquisition of
Metaltelin (mobile items) is Kinyan Chatzer. The Torah teaches that one's
Chatzer can acquire for him an item that enters it, as Chazal derive from
the verse, "Im Himatzei Timatzei b'Yado" - "If the theft be at all found in
his hand" (Shemos 22:3; Bava Metzia 10b, Rashi to Bava Metzia 9b DH Mi
Kani).
4) [line 2] SIMTA - an alleyway
5) [line 5] MI'MAN OGIR - from whom could he rent [its area]
6) [line 10] HAGBAHAH (KINYAN HAGBAHAH)
(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.
(b) One of the forms of Kinyan that may be used for the acquisition of
Metaltelin (mobile items) is Hagbahah, i.e. lifting the item. Hagbahah is a
form of Kinyan in which the buyer (or recipient of a gift) lifts up the
item. The act of Kinyan Hagbahah is effective wherever it is performed, even
in the domain of the seller.
7) [line 16] LECH CHAZEK U'KENI - go, take hold of it, and acquire it
(KINYAN MESIRAH)
See Background to Bava Basra 75:77.
8a) [line 17] KEPEIDA - an intimation that the person cares that a certain
thing should be exactly as he wants it
b) [line 18] MAR'EH MAKOM HU LO - (lit. he is merely showing him the place)
he is merely giving a suggestion as to how the other person may do something
9) [line 20] KENI [LACH] HU V'CHOL SHI'ABUDA D'VEI - acquire for yourself it
(the loan document) and all liens or entitlements that are in it
10) [line 23] V'CHI LATZUR AL PI TZELOCHISO HU TZARICH?! - Does he need it
(the document) to tie around the mouth of his bottle (as a cap)?
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