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Bava Basra 85

BAVA BASRA 82-85 - 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 8] ARBA MIDOS B'MOCHRIN - there are four different categories of law with regard to sales. The RASHBAM explains that these four categories are 1. the domain of the buyer; 2. the domain of the seller or the Nifkad; 3. Reshus ha'Rabim, when the merchandise is placed into the vessel of the buyer/seller; 4. Reshus ha'Rabim, when the merchandise is placed into the vessel of a third party (who is lending it to the buyer and seller for the purpose of the sale). TOSFOS explains that these four categories are 1. the vessel of the buyer; 2. the vessel of the seller; 3. the vessel of the Nifkad; 4. the vessel of the middleman.

2a) [line 8] AD SHE'LO NISMAL'AH HA'MIDAH, LA'MOCHER - as long as the vessel has not been entirely filled with the merchandise being purchased, the merchandise still belongs to the seller
b) [line 9] MISHE'NISMAL'AH MIDAH LA'LOKE'ACH - once the vessel has been entirely filled with the merchandise being purchased, the merchandise belongs to the buyer. (The Gemara will explain that these two laws refer to a case where the vessel of a third party is being used. The third party lends his vessel to the seller for the entire time that the seller is measuring into it the merchandise, and then he lends it to the buyer once it has become full, so that the buyer can then use the vessel to carry the merchandise to his home or to bring it to his own vessel.)

3) [line 11] RISHON RISHON KANAH - each part of the merchandise that is placed into the vessel is acquired [by the owner of the vessel]

4) [line 15] KEIVAN SHE'KIBEL ALAV MOCHER - as soon as the seller accepts upon himself [to transfer ownership to the buyer]

5) [line 15] BI'RESHUS HALAH HA'MUFKADIM ETZLO - [when the merchandise is resting] in the domain of this person with whom the merchandise is deposited

6a) [line 16] AD SHE'YEKABEL ALAV - until he (the seller) accepts upon himself [to transfer ownership of his merchandise, which is resting in the domain of the custodian]
b) [line 17] O AD SHE'YISKOR ES MEKOMAN - or until he (the buyer) rents the place [upon which the merchandise is resting]

85b---------------------------------------85b

7) [line 1] V'HA DUMYA D'CHATZER SHE'EINAH SHEL SHNEIHEM KETANI!? - But does not the Beraisa write that [Reshus ha'Rabim] which is comparable to a Chatzer that is not owned by either the buyer or the seller (meaning a full-fledged Reshus ha'Rabim, and not a Simta, which is considered partially owned by both the buyer and seller)

8) [line 4] ELA DI'TRAVAIHU - [a "Chatzer that does not belong to either of them" means] rather that it belongs to both of them (i.e. it is not owned by either one of them *alone*, but the two of them own it together; hence, this is like a Simta, which is considered partially owned by both the buyer and seller)

9) [line 7] ZARKO LAH - he threw a Get to her (GITIN)
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (lit. "a document that cuts [the bond between them]") and hand it to her ("v'Nasan b'Yadah") in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. Gitin).
(b) The Mishnah in Gitin (77a) says that when the man throws the Get into the woman's lap or basket, she is divorced even though she is sitting in the domain of her husband. The Gemara there (and here) describes how this is considered a valid form of acquiring the Get.

10a) [line 7] CHEIKAH - her lap (or on the clothes that she is wearing)
b) [line 7] KALASAH - a woman's basket that holds spindles and linen and that can be worn on the head

11) [line 8] MAI TA'AMA PASHTAS LEI MEHA'HI? - Why are you trying to answer it from that [Mishnah]?

12) [line 9] D'MACHU LAH ME'AH UCHLEI B'UCHLA - which was beaten with one hundred lashes of an Uchla (a metal weight equal to one eighth of a Litra)

13a) [line 11] TELUYAH - hanging [from her]
b) [line 11] KESHURAH - tied [to her, even though it is resting on the ground]
14) [line 13] BEIN YERECHOSEHA - between her legs

15) [line 15] MEKOM CHEIKAH KANUY LAH - the place of her lap belongs to her (and thus even though her clothes are dragging on the ground, when the Get is placed on her clothes she acquires it)

16) [line 25] U'MAI PASKA?! - Why did the Tana write it without qualification? (In other words, what kind of an answer is this? Did the Tana determine that every purchase that is executed in the domain of the buyer is done with the buyer's vessel, and every purchase that is executed in the domain of the seller is done with the seller's vessel?)

17) [line 26] BEI MOCHER, MANEI D'MOCHER SHECHICHEI - in the seller's domain, the vessels of the seller are most common

18) [line 28] MASHACH (CHAMARAV) CHAMORAV U'FO'ALAV - he pulled his donkeys and workers [which were carrying merchandise]

19) [line 29] PASAK - the price was set

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