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Bava Basra 84
BAVA BASRA 82-85 - Sponsored by a generous grant from an anonymous donor.
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1) [line 2] TANA TUNA - (a) our Tana (the Tana of our Mishnah) taught
(RASHBAM); (b) it has been taught (IGERES RAV SHERIRA GA'ON)
2) [line 14] "RA RA YOMAR HA'KONEH" - "'Bad, bad,' the buyer says." (Mishlei
20:14)
3) [line 16] SHIMSHA - the sun
4) [line 16] SUMKASI - red
5) [line 17] KA SAMKA TZAFRA U'FANYA - it is red in the morning and towards
evening
6) [line 17] HAI D'LO CHAZINAN KULEI YOMA - the reason why we do not see
[its redness] throughout the entire day
7) [line 18] NEHORIN HU D'LO VARI - it is our eyesight which is not clear
8a) [line 19] "...U'MAR'EHU AMOK MIN HA'OR..." - "[Then the Kohen shall
inspect the mark, and, behold, if] it looks deeper than the skin, [and there
is in it thin yellow hair, then the Kohen shall pronounce him Tamei; it is a
Nesek, [which is] Tzara'as of the head or beard.]" (Vayikra 13:30) - With
regard to the disease of Tzara'as (see next entry) there are many instances
of the concept of a mark on the skin looking deeper than the skin (see
Vayikra 13:3, 4, 25, 31, 32, 34).
b) U'MAR'EHU AMOK MIN HA'OR (NIG'EI BASAR)
(a) There are four types of blemishes that constitute Neg'ei Tzara'as
(blemishes or marks of the skin disease Tzara'as) that affect a Jewish
person: Nig'ei Basar; Shechin or Michvah; Nesek; Karachas or Gabachas. (For
a detailed description of the Halachos of a Metzora, a person afflicted with
Tzara'as, see Bava Metzia 86:29. For a full discussion of the process by
which a Metzora becomes Tahor, see Background to Kidushin 35:24.)
(b) Nig'ei Basar refer to a blemish of Tzara'as that affects normal skin. It
appears as a white blotch of one of four bright shades of white, sometimes
with some red mixed in. Because of the difference in the refraction of
sunlight into the eye, a white blotch on the skin may appear as a depression
in the skin. The names and colors of these four types of marks are 1.
Baheres, which is the color of snow; 2. Se'es, which is the color of clean,
white newborn lamb's wool; 3. Sapachas of Baheres, which is the color of the
plaster used to whitewash the Beis ha'Mikdash; 4. Sapachas of Se'es, which
is the color of the white membrane found on the inside of an egg.
9) [line 19] K'MAR'EH CHAMAH AMUKAH MIN HA'TZEL - like the appearance of the
sun sunken from the shade (that is, optically, the lighter area appears to
be depressed, while the darker area appears higher)
10) [line 20] HASAM LAVAN HU - there, it (the skin) is white (and the
Beraisa compares it to the color of the sun)
11) [line 25] CHALFA A'BEI VERADEI D'GAN EDEN - it is passing over the rose
garden in Gan Eden
84b---------------------------------------84b
12a) [line 5] RA'AH - bad (spoiled, rotten, inferior) produce
b) [line 5] YAFAH - fine (superior) produce
13) [line 6] "V'LO SIS'U ALAV CHET BA'HARIMCHEM ES CHELBO MINENU..." - "You
shall not bear a sin for it when you separate its choicest (lit. fattest)
part from it..." (Bamidbar 18:32)
14) [line 7] IM EINO KADOSH, NESI'US CHET LAMAH? - [the verse implies that
if one separates Terumah from the inferior produce to fulfill the
requirement for superior produce, he bears his sin.] If the inferior produce
does not become Terumah, why does he bear any sin (i.e. what did he do
wrong)?
15a) [line 10] CHAMRA - wine
b) [line 10] CHALA - vinegar
16) [line 13] MASHACH (KINYAN MESHICHAH)
(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 the object
involved, different Kinyanim are used.
(b) One of the forms of Kinyan that may be used for the acquisition of
Metaltelin (mobile items) is Meshichah, i.e. pulling the item or causing it
to move. Meshichah can only accomplish a Kinyan in a private or semi-private
area (such as an alleyway), but not in Reshus ha'Rabim. It may be
accomplished not only by *pulling* the object towards one's self, but even
by causing it to come towards one's self, such as by calling an animal and
causing it to come closer. Paying for an object (Kinyan Kesef), on the other
hand, does not accomplish a Kinyan.
(c) The Amora'im (Bava Metzia 47b) argue whether Kinyan Meshichah (as well
as Kinyan Hagbahah and Mesirah, see below, entries 21, 26) is mid'Oraisa.
Some maintain that Kinyan Meshichah *is* recognized by the Torah and Kinyan
Kesef is *not*. Others maintain that Kinyan Meshichah is a Rabbinic
institution which was established in order to replace Kinyan Kesef, which
*is* recognized by the Torah but which was invalidated by the Rabanan.
According to those who maintain that Kinyan Meshichah is mid'Oraisa, its
source in the Torah is from the verse "Kanoh *mi'Yad* Amisecha" (Vayikra
25:14), which implies that one may transfer property by *handing* it over to
the buyer (Bava Metzia ibid.).
17) [line 13] MADAD - he measured (the amount being purchased)
18) [line 14] IM HAYAH PIKE'ACH - if he was wise
19) [line 14] SOCHER ES MEKOMAN - he would rent the place on which the
merchandise is resting (KINYAN 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 (lit. courtyard, but this implies any property or object that has
the ability to contain something in it) 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).
(c) By renting, from the seller of the merchandise, the area on which the
merchandise is resting, the buyer is able to acquire the merchandise right
away, through Kinyan Chatzer, without needing to do any other form of
Kinyan.
20) [line 15] PISHTAN - flax
21) [line 15] AD SHE'YITALTELENU (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.
22) [line 18] MADAD V'HINI'ACH AL GABEI SIMTA, KANAH - [if a seller]
measured out an item and placed it down on [the surface of] a Simta
23) SIMTA - a place where individuals are permitted to place their objects
(as opposed to Reshus ha'Rabim, where this is prohibited). It is described
by the RASHBAM as: (a) an alleyway; (b) a gateway from Reshus ha'Rabim into
a Mavoy (an alleyway)
24) [line 20] B'MODED L'SOCH KUPASO - when he measures out the items into
the container [of the buyer, that is located in a Simta]
25) [line 22] MEIMRA BA'I?! - Does it even need to be mentioned?! (i.e. it
goes without saying!)
26) [line 33] MESIRAH
The Kinyan of Mesirah entails handing over the reins of an animal (or the
tie lines of a boat) in order to acquire the animal (or boat). Mesirah is
one of the forms of Kinyan that one may use to acquire an object (see above,
entry #16). In contrast to Meshichah, Mesirah is a form of Kinyan that is
valid in Reshus ha'Rabim and in a Chatzer that does not belong to either the
buyer or the seller.
27) [line 39] MI'MAN AGAR?! - From whom could he rent [its area]?
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