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Bava Basra 86
BAVA BASRA 86 - dedicated by Mr. and Mrs. D. Kornfeld in honor of the
engagement of Avi Turkel to Estie Isseroff. May they build a Bayis Ne'eman
b'Yisrael and be a constant source of Nachas to both of their families.
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1) [line 1] PIRKAN - he unloaded them (the fruits; it makes no difference if
the buyer or the seller unloads them)
2) [line 6] SHAFCHAN - he spilled them out [onto the floor of the house of
the buyer]
3) [line 8] MIS'ACHLEI D'SUMEI - bunches of garlic (RASHBAM) that are
braided together (ARUCH)
4) [line 15] NECHASIM SHE'YESH LAHEN ACHRAYUS NIKNIN B'CHESEF UVI'SHTAR
UV'CHAZAKAH
(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 makes a Kinyan on Nechasim she'Yesh Lahen Achrayus ("Mekarka'in,"
real estate) through Kesef (paying money), Shtar (handing over a contract)
or Chazakah (enhancing the land with the intention of buying it - see
Background to Bava Basra 51:7:b). (The word Achrayus in this context means
that people will trust a borrower who owns land (even the smallest amount)
since they can expect to extract payment from the land should the borrower
not have the money to pay back his loan (RASHI to Kidushin 26a).)
5) [line 15] NECHASIM SHE'EIN LAHEN ACHRAYUS EIN NIKNIN ELA B'MESHICHAH
One makes a Kinyan on Nechasim she'Ein Lahen Achrayus ("Metaltelin," mobile
goods) through Meshichah (pulling -- see Background to Bava Basra 84:16).
6) [line 17] SURA - a town in Southern Bavel between the canals, seat of the
Yeshiva founded by Rav
7) [line 17] MASNU LAH L'HA SHEMA'TA - taught this (the following) statement
(that begins with the words, "Lo Shanu," line 20)
8) [line 18] PUMBEDISA - a town in Bavel (lit. Mouth of Bedisa, a canal of
the Euphrates), the location of a great Yeshiva that existed for
approximately 800 years. The scholars of Pumbedisa were known for their keen
intellect (Bava Metzia 38b). To emphasize its importance as a Torah center,
Rabah and Rav Yosef stated that just as one is prohibited from leaving Eretz
Yisrael to Chutz la'Aretz, so too is one prohibited to leave Pumbedisa
(Kesuvos 111a).
9a) [line 23] HA'GONEV KIS B'SHABBOS CHAYAV - one who steals a purse on
Shabbos is liable [for the theft, as well as for the desecration of Shabbos]
b) [line 24] SHE'KEVAR NISCHAYEV BI'GENEIVAH KODEM SHE'YAVO L'YDEI ISUR
SHABBOS (SHABBOS: HOTZ'AH)
(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine
Avos Melachos of Shabbos. It involves either 1. Hotza'ah, transferring
objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim
(public domain), 2. Hachnasah, transferring objects from a Reshus ha'Rabim
to a Reshus ha'Yachid, 3. Ma'avir Arba Amos b'Reshus ha'Rabim, carrying an
object from one place in Reshus ha'Rabim to another over a distance of at
least four Amos, 4. Moshit, *passing* an object from one Reshus ha'Yachid to
another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a,
see Background to Shabbos 96:3). These are all biblical prohibitions.
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of
Hotza'ah, certain conditions must be met. An Akirah (initiation of movement)
and a Hanachah (putting the object to rest) must be performed on the object
by the same person. If one person does the Akirah and another does the
Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in
Shabbos 3a. It is possible to move an object without ever performing an
Akira, such as when the object is dragged.
10a) [line 25] HAYAH MEGARER V'YOTZEI - if he was dragging it out
b) [line 26] PATUR - he is exempt [from liability for the theft, but he is
liable for the desecration of Shabbos]
11) [line 26] HAREI ISUR SHABBOS U'GENEIVAH BA'IN K'ECHAD - the distinct
liabilities for transgressing a prohibition of Shabbos and for theft come
together (KAM LEI BED'RABBAH MINEI - literally, "he remains with the worse
of the two," or, "a more severe punishment exempts one from the less severe
one")
(a) When one performs a single act from which he incurs two punishments, or
a punishment and a monetary liability, the more severe punishment exempts
the sinner from the less severe one. For example, one who stabs another to
death will not have to pay for the shirt that he tore while stabbing.
(b) This rule is only true if the two punishments, or the punishment and the
monetary liability are caused by a "single action." If one follows the
other, even by one second, the sinner *is* punished with both punishments.
The Gemara (Kesuvos 31a) questions what defines the difference between "a
single action" and different actions. According to one opinion, the entire
series of actions which define the more severe sin are considered a single
action with regard to Kam Lei bed'Rabah Minei.
(c) There are a number of situations in which this rule does not apply:
1. Rebbi Meir holds that it only applies to a death penalty. One who is
punishable with Malkos, though, is required to pay as well as to receive
Malkos. (Kesuvos 33b)
2. If one sins *b'Shogeg*, Kam Lei bed'Rabah Minei does not necessarily
apply (that is, since no actual punishment is executed, the potential
punishment does not exempt the sinner from monetary liability), as follows:
If the sin is one which warrants the death penalty, Rav Dimi holds that
Rebbi Yochanan and Reish Lakish disagree whether Kam Lei bed'Rabah Minei
applies, while Ravin says that they both agree that it applies. If the sin
is one which warrants Malkos, Rebbi Yochanan and Reish Lakish disagree
whether Kam Lei bed'Rabah Minei applies. (Kesuvos 34b-35a)
3. In certain cases, if the monetary liability is paid to a person other
than the victim, the sinner may be liable to pay even though he is also
punished with the death penalty or Malkos.
12a) [line 28] B'MISNA - [we are dealing with a case where he pulled it out
with its] tie-strings (RABBEINU GERSHOM)
b) [line 29] B'MIDI D'VA'I MISNA - an object that needs tie-strings [in
order to be moved at all, due to its weight]
13) [line 33] LI'TZEDADIN KETANI - the two statements are dealing with
different cases ("Ad she'Yagbihenah" refers to objects that can be lifted;
"Ad she'Yotzienah me'Reshuso" refers to objects that cannot be lifted and
must be acquired with Kinyan Meshichah, pulling it out of the seller's
domain)
86b---------------------------------------86b
14) [line 3] SHELIFEI RAVREVEI - large parcels (e.g. sacks of fruit) that
cannot be easily lifted
15) [line 7] MISHTAMIT - (a) it slips out (a large bundle does not stay
together) (RASHBAM); (b) they (the stalks of flax) come apart [if they are
dragged] (RABEINU CHANANEL, cited by the RASHBAM)
16) [line 8] MESIRAH
See Background to Bava Basra 84:26.
17) [line 12] D'SARCHA - (a) it digs its hoofs into the ground and makes it
difficult for the buyer to lift it (RASHBAM); (b) it scratches (RABEINU
CHANANEL, cited by the RASHBAM)
18a) [line 13] KOR BI'SHELOSHIM ANI MOCHER LECHA - I am selling you one Kor
[of produce] for thirty [Sela'im]
b) [line 21] YACHOL LACHZOR BO AFILU BI'SE'AH HA'ACHARONAH - he (either
the buyer or the seller) may change his mind and revoke the sale even at the
last Se'ah (i.e. even if the buyer has made a Kinyan on all of the produce
except for the last Se'ah)
c) [line 20] KOR BI'SHELOSHIM ANI MOCHER LECHA (MEASUREMENTS OF VOLUME)
(a) Equivalents of volume used in the Gemara:
- 1 Kor (= 1 Chomer) = 30 Se'in
- 1 Lesech = 15 Se'in
- 1 Eifah = 3 Se'in
- 1 Se'ah = 6 Kabin
- 1 Tarkav (= 3 Kabin) = 12 Lugin
- 1 Kav = 4 Lugin
- 1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
- 1 Beitzah = 2 k'Zeisim
(b) Modern-day equivalents:
1 k'Zayis = approximately 0.025, 0.0288 or 0.05 liters, depending upon the
differing Halachic opinions. Therefore, 1 Kor = 216, 148.83 or 432 liters,
depending upon the differing Halachic opinions
19a) [line 14] KOR BI'SHELOSHIM, SE'AH B'SELA ANI MOCHER LECHA - I am
selling you one Kor [of produce] for thirty [Sela'im], [one] Se'ah per Sela
b) [line 15] RISHON RISHON KANAH - he buys them one by one, i.e. as the
buyer does a Kinyan on each Se'ah, the sale of that Se'ah becomes
irrevocable
*20*) [line 16] IM HAYESAH MIDAH SHEL ACHAD MEHEM, RISHON RISHON KANAH, V'AF
AL GAV D'LO NISMAL'AH HA'MIDAH - that is, this phrase of the Beraisa that
was quoted on Daf 85a does not follow the guidelines of Rav and Shmuel.
Rather, even in a case similar to "Kur bi'Shloshim Ani Mocher Lach," the
Beraisa rules that "Rishon Rishon Kanah."
21) [line 18] HIN / LOG (MEASURES OF CAPACITY: LIQUIDS)
(a) Equivalents of the volume of liquids used in the Gemara:
- 1 Bas (Efah) = 3 Se'in
- 1 Se'ah = 2 Hinin
- 1 Hin (Tarkav) = 12 Lugin
- 1 Log = 4 Revi'i'os = 6 Beitzim = 64 Kortovim
- 1 Revi'is = 75, 86.4 or 150 ml, depending upon the differing Halachic opinions
(b) Modern-day equivalents:
- 1 Se'ah = 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic opinions, therefore:
- 1 Hin = 3.6, 4.145 or 7.2 ml
- 1 Log = 0.3, 0.345 or 0.6 ml
22a) [line 19] SHENASOS HAYU BA'HIN - markings used for measuring were in
the Hin [measure used in the Beis ha'Mikdash, specifying the amount of oil
and wine needed for each type of animal]
b) [line 20] SHENASOS HAYU BA'MIDOS - markings used for measuring were in
the measuring containers [used at the time of the Gemara, specifying one Log
increments in a twelve-Log Hin measure]
23a) [line 20] HA'SOCHER ES HA'PO'EL LA'ASOS IMO LA'GOREN - If someone hires
a worker (for example, in Nisan) to work for him during the harvest season
(in the fall)
b) [last line] HA'YOM B'DINAR - for one Dinar per day (of work during the
harvest season) [and he pays him now]
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