[76a - 19 lines; 76b - 24 lines]

1)[line 4]שטר לספינה למה לי? מטלטלי היא!SHTAR LI'SEFINAH LAMAH LI? METALTELEI HI- For what [do we need] a Shtar (a document of sale) for a ship? It is [an item of] Metaltelim (movable objects, which are purchased with Kinyanim other than a Shtar - see Background to Bava Basra 75:99:b)

2a)[line 15]בין כתב ולא מסרBEIN KASAV V'LO MASAR- [regardless of] whether he (the seller) wrote [a deed of sale for the loan document] and did not hand over [the loan document] (even if he handed over the deed of sale)

b)[line 16]בין מסר ולא כתבBEIN MASAR V'LO CHASAV- or whether he (the seller) handed over [the loan document] and did not write [a deed of sale for the loan document]

c)[line 16]לא קנה עד שיכתוב וימסורLO KANAH AD SHE'YICHTOV V'YIMSOR- he (the buyer) has not acquired [the loan document] until he (the seller) writes [a deed of sale for the loan document] and hands over [the loan document]

76b----------------------------------------76b

3)[line 1]שישכור את מקומהSHE'YISKOR ES MEKOMAH - until he rents the its area (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 can acquire for him an item that enters it, as Chazal derive from the verse, "אִם הִמָּצֵא תִמָּצֵא בְיָדוֹ" "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).

4)[line 2]בסימטאSIMTA- an alleyway

5)[line 5]ממאן אוגירMI'MAN OGIR- from whom could he rent [its area]

6)[line 10]והגבההHAGBAHAH (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.

7)[line 16]לך חזק וקניLECH CHAZEK U'KENI - go, take hold of it, and acquire it (KINYAN MESIRAH)

See Background to Bava Basra 75:99.

8a)[line 17]קפידאKEPEIDA- an intimation that the person cares that a certain thing should be exactly as he wants it

b)[line 18]מראה מקום הוא לוMAR'EH MAKOM HU LO- (lit. he is merely showing him the place) he is merely giving a suggestion as to how the other person may do something

9)[line 20]קני לך הוא וכל שעבודא דביהKENI [LACH] HU V'CHOL SHI'ABUDA D'VEI- acquire for yourself it (the loan document) and all liens or entitlements that are in it

10)[line 23]וכי לצור על פי צלוחיתו הוא צריךV'CHI LATZUR AL PI TZELOCHISO HU TZARICH?!- Does he need it (the document) to tie around the mouth of his bottle (as a cap)?

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