[35a - 6 lines; 35b - 24 lines]

1)[line 1]שודא דדייניSHUDA D'DAYANEI- (a) the estimate of the judges as to with whom the previous owner of the field (the person who wrote the Shtar) was closer, or who of the two is the more upright individual such that the giver of the field would have intended that he receive the field (RASHBAM, RASHI to KESUVOS 94a); (b) the opinion of the judges as to which of the two should get the field (TOSFOS DH Shuda, citing Rabeinu Tam)

2)[line 2]ליכא למיקם עלה דמילתאLEIKA L'MEIKAM ALAH D'MILSA- it is impossible to determine the truth of the matter (through witnesses or proofs) [to whom the field was supposed to have been given, since their Shetaros are identical]

3)[line 4]המחליף פרה בחמור, וילדהHA'MACHALIF PARAH B'CHAMOR, V'YALDAH (CHALIPIN)

(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 Chalipin (exchange or barter), i.e. the barter of two equally-valued items. Another way that a Kinyan Chalipin can be accomplished is by taking a symbolic object to demonstrate one's consent for the barter (or for an agreement) (see Background to Bava Metzia 45:8, Kinyan Sudar).

(c)Our Gemara brings the case in which a person bartered a cow for a donkey and the cow gave birth and it is not known whether it gave birth while in the possession of the seller or in the possession of the buyer. The cow was standing in the marsh at the time of the exchange, and as such it is impossible to apply the Halachah of "ha'Motzi me'Chaveiro Alav ha'Re'ayah" (see Background to Bava Basra 29:24). Instead, the ruling is "Yachloku," the value of the calf is divided between the two of them.

35b----------------------------------------35b

4)[line 1]דררא דממונאDERARA D'MAMONA- (a) a loss of money, i.e. the item in question could belong to either one of the litigants depending on the timing of the action that caused the doubt (RASHBAM; RASHI Bava Metzia 2b DH Derara). In the case of our Gemara, the calf can belong to the seller if it was born before the sale or to the buyer if it was born after the sale. Since there is valid reason to attribute it to either one of them, if we do not divide the value of the calf between the two litigants, the one who does not receive it will be "losing" what could be his property; (b) even without the claims of the litigants, Beis Din has a doubt as to the ownership of the item (TOSFOS DH Derara - This explanation is very similar to that of Rashi, except that according to Tosfos the text of the Gemara does not read that "each of them [i.e. the litigants] has" a Derara d'Mamona, but that "it [the case] is" a Derara d'Mamona.)

5)[line 7]שלא ניתן להשבוןSHE'LO NITAN L'HESHAVON (GEZEILAH: HASHAVAH)

(a)According to Torah law, a person must return the exact item that he robbed if it is still in its original state, or its value if it is not, as the Pasuk states, "וְהֵשִׁיב אֶת הַגְּזֵלָה אֲשֶׁר גָּזָל" "v'Heishiv Es ha'Gezeilah Asher Gazal" - "he shall return the robbery that he robbed" (Vayikra 5:23).

(b)When a person robs the field from the two people of our Sugya, whose claims to the field are not clear-cut, the RASHBAM rules that it is similar to a person who robs the public, such as a shopkeeper who uses intentionally inexact weights. He is not able to fulfill the Mitzvah of "v'Heishiv Es ha'Gezeilah," since he is not sure to whom to return the stolen items. TOSFOS DH d'Tani states that our Sugya is similar to a case where a person robs once from one of five people (see Bava Metzia 103b), and he has not fulfilled the Mitzvah of "v'Heishiv Es ha'Gezeilah," in its entirety until he pays the stolen amount to all five people. Similarly, he is prevented from fulfilling the Mitzvah in its entirety in our Sugya since he is not sure to whom to return the stolen field.

6)[line 8]אי דלי ליה איהו גופיה צנא דפיריIY DALI LEI IHU GUFEI TZANA D'FEIREI- if he (the Me'ar'er, the person who is protesting that the field belongs to him) loaded up a basket of fruits on the shoulders of the Machzik (the one who is currently working the land)

7)[line 9]לאלתרL'ALTAR- immediately

8)[line 14]משכנתא דסוראMASHKANTA D'SURA

The "Mashkon of Sura" refers to a loan agreement with a field as collateral, when the two parties (the lender and borrower) specifically stipulate that the lender will eat the produce for a designated number of years, and when the years of the Mashkon terminate, the field will go back to the debtor and the debt will be settled. (The produce of each year is deducted from the loan at the value specified; this gives the appearance that the produce has merely been sold - see also TOSFOS to Bava Metzia 67b DH b'Mishlam.)

9)[line 15]במשלם שניא אילין, תיפוק ארעא דא בלא כסףB'MISHLAM SHENAYA ILEIN, TEIPUK AR'A DA B'LO CHESAF- at the end of this time period (lit. these years), this land will go out [of the creditor's possession] without any additional payments [on the part of the debtor]

10)[line 21]הבא מחמת עכו"םHA'BA MACHMAS AKU"M- one who comes [to uphold his claim on a piece of land that he bought] from an idolater [who claims that he bought the land from the original (Jewish) owner]

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