[47a - 27 lines; 47b - 22 lines]

1)[line 1]קבלןKABLAN (AREV KABLAN)

See Background to Bava Basra 46:16.

2)[line 8]אי [ד]אתו בטענתא דאבוהוןIY [D']ASU B'TA'ANASA D'AVUHON- if they claim that the field belonged to their fathers

3)[line 12]קושטאKUSHTA- the truth

4)[line 14]הוה ממטי ליה [לדידיה] ולחמריה לשחוורHAVAH MAMTI LEI [L'DIDEI] UL'CHAMREI LA'SHACHVAR- he would have taken him and his donkey [and handed them in] to the authorities

5)[line 18]כגון שהוחזק על שדה זו בגזלנותאKEGON SHE'HUCHZAK AL SADEH ZO B'GAZLENUSA- in a case where it is well-known that this field was stolen (and it could be that this person actually stole it once before - RAN), [the Gazlan cannot attain a Chazakah on this particular field]

6)[line 20]כגון דבית פלוני, שהורגין נפשות על עסקי ממוןKEGON D'VEIS PELONI, SHE'HORGIN NEFASHOS AL ISKEI MAMON- for example, the house of so-and-so (a famous bandit at the times of Rav Chisda), where they kill people for monetary gain, [the Gazlan cannot attain a Chazakah on any field]

7)[line 23]בן שחלקBEN SHE'CHALAK- (lit. a son who has separated [from his father]) a son who has stopped being supported by his father [is able to attain a Chazakah on the lands of his father and likewise, the father is able to attain a Chazakah on the lands of his son]

47b----------------------------------------47b

8)[line 1]במגורשת ואינה מגורשתMEGURESHES V'EINAH MEGURESHES - she is divorced and she is not divorced (i.e. her divorce is doubtful, necessitating another Get) (GITEI NASHIM)

(a)The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. - Gitin).

(b)The man must give the Get willingly. If he is forced to give it, the Get is not valid.

(c)There are certain instances in which a divorce is uncertain, such as when the husband gives his wife a Get that is written in his handwriting but was not signed by witnesses. These situations are termed "Megureshis v'Lo Megureshes" (Yevamos 30b).

9)[line 4]בעלה חייב במזונותיהBA'ALAH CHAYAV BI'MEZONOSEHA

As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "שְׁאֵרָהּ... לֹא יִגְרָע" "She'erah... Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b, see Background to Gitin 48:24).

10)[line 9]מסיקריקוןSIKRIKON- murderous idolaters who would take the land of Jews instead of killing them. "Sikrikon" comes from the words, "Sa Karka" - "take land [instead of taking my life]" (RASHI to Gitin 55b).

11)[line 9]וחזר ולקח מבעל הביתV'CHAZAR V'LAKACH MI'BA'AL HA'BAYIS- and subsequently purchased it from the owner [without giving him money (but rather with a Shtar or by convincing the owner to give it to him as a gift)]

12)[line 11]"לֵךְ חזק וקני""LECH CHAZEK U'KENI" - "Go, do an act of Chazakah, and acquire it" (KINYAN CHAZAKAH)

(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. Depending on what object one is acquiring, different Kinyanim are used (see Background to Bava Metzia 14:12). For acquiring land, the Kinyan can be made by the giving over of money, the writing of a Shtar, or the making of a Chazakah.

(b)Examples of Chazakah for real estate are Na'al (locking), Gadar (fencing in), and Paratz (making a breach in a fence to create an entrance) or any act that is done to enhance the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).

(c)Rav rules that a person who buys a field from a Sikrikon, and subsequently acquires it from the owner using a Shtar, successfully acquires the field. The Mishnah that states that the person has not acquired the field refers to a case of Kinyan Chazakah, where the owner told him to perform a Chazakah in order to acquire the field.

13)[line 13]אחריות נכסיםACHRAYUS NECHASIM

See Background to Bava Basra 43:7.

14a)[line 15]בפנינו מנה לוBEFANEINU MANAH LO- in front of us, he (the Gazlan) counted out [the money and gave it] to him (the Nigzal)

b)[line 16]בפנינו הודה לוBEFANEINU HODAH LO- in front of us, he (the Nigzal) admitted to him (the Gazlan) [that he received payment or other any other form of Kinyan for purchasing the land]

15)[line 19]תליוהו וזבין; זביניה זביניTALYUHU V'ZAVIN; ZEVINEI ZAVIN(I) - (lit. when they hanged him [in a tree] and he sold [an object or a piece of land], he has sold his sale, i.e. it is valid)

If a person is physically forced to sell an item or a piece of land (and to accept money for it), as long as he says (even under duress) that he agrees to the sale, the sale is valid.

16)[line 20]אי לאו דאניס, לא הוה מזביןIY LAV D'ANIS, LO HAVAH MAZBIN- if it were not for the fact that he was forced [to sell due to lack of money], he would never sell [any item of his possessions]

17a)[line 21]אונסא דנפשיהONSA D'NAFSHEI- forcing himself [to sell his possessions due to lack of money]

b)[last line]מאונסא דאחריניONSA D'ACHARINEI- being forced by others

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