[77a - 11 lines; 77b - 32 lines]

1)[line 3]גמרא או סברא?GEMARA O SEVARA?- Did you learn this ruling from a teacher or did you deduce it from your own reasoning?

2)[line 4]מיליMILEI- words, verbal obligations (a non-tangible entity)

3a)[line 6]זכו בשדה [זו] לפלוניZECHU B'SADEH [ZO] LI'PELONI- acquire this field on behalf of so-and-so

b)[line 7]וכתבו לו את השטרV'CHISVU LO ES HA'SHETAR- and write him a deed of sale

77b----------------------------------------77b

4)[line 4]נכסים שאין להן אחריות נקנין עם נכסים שיש להן אחריות בכסף ושטר וחזקהNECHASIM SHE'EIN LAHEN ACHRAYUS NIKNIN IM NECHASIM SHE'YESH LAHEN ACHRAYUS B'CHESEF VE'SHTAR V'CHAZAKAH (KINYAN AGAV)

(a)According to Torah law, certain methods of transferring ownership (Kinyanim) are effective only for land (Mekarka'in), while others are effective only for mobile objects in general (Metaltelin) or for specific mobile objects such as slaves. Kinyan Agav is effective for the transfer of mobile objects in general.

(b)Kinyan Agav is employed when a person purchases Nechasim she'Yesh Lahen Achrayus (immobile goods such as land) along with Nechasim she'Ein Lahen Achrayus (mobile goods such as a flowerpot). (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).) As soon as the person makes a Kinyan on the land 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), he concurrently buys the mobile goods as well (Kidushin 26a and RASHI ibid.). For example, if a person is interested in selling a parcel of land and also a cow, when the buyer pays for the land, thereby acquiring it through Kinyan Kesef, he immediately acquires the cow as well. This Kinyan is learned from the verse in Divrei ha'Yamim II 21:3.

(c)The Gemara concludes that in order to acquire an object through Kinyan Agav, the seller must specify that he wants the buyer to acquire the object along with the land (Kidushin 27a). For Kinyan Agav to take effect, the Gemara concludes (ibid.) that it is not necessary for the Metaltelin to be lying in the land that is transferring them ("Tzevurin").

5)[line 5]אגב שאניAGAV SHA'ANI- Kinyan Agav (see previous entry) is different (and acquiring a mobile object Agav Karka is not comparable to acquiring a Shtar with a Shtar. This answers the question that started on line 5 of the previous Amud, "v'Lo? Veha'Amar Rabah bar Yitzchak Amar Rav...")

6)[line 6]מטבע, דלא נקני בחליפיןMATBE'A, D'LO NIKNEI B'CHALIPIN - coins cannot be acquired using a Kinyan Chalipin (barter) (KINYAN SUDAR)

(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)The Gemara (Bava Metzia 46a) teaches that coins cannot be used to accomplish a Kinyan Chalipin, since one who receives a coin "has in mind the impression that was stamped on the coin, and the impression will eventually be invalidated (when a new king comes to power and requires a new stamp, invalidating the old one)." The Rishonim dispute the exact interpretation of this phrase (see Insights to Bava Metzia 45:3). Similarly, coins cannot be acquired through Chalipin.

7)[line 8]בי חוזאיBEI CHOZA'EI- a district of Bavel on the caravan road, along the Tigris River and its canals

8)[line 9]אגב אסיפא דביתיהAGAV ASIFA D'VEISEI- by means of transferring to him ownership through a Kinyan Agav (see above, entry #4) using (a) the threshold of his house (RASHBAM); (b) according to the Girsa "סיפא דביתיה" "SEIFA D'VEISEI" - a small corner at the end of his house (RASHI to Bava Kama 104b, 2nd explanation)

9)[line 10]כי אתא, נפק לאפיה עד תווךKI ASA, NAFAK L'APEI AD TAVACH- when he (Rav Shmuel bar Acha) returned, he (Rav Papa) went out as far as Tavach to greet him

10)[line 13]עיסקא דבגווהISKA DEV'GAVAH- the merchandise in it

11)[line 13]הקרוןKARON- a wagon

12)[line 14]הפרדותPERADOS- mules

13)[line 15]הצמדTZEMED- (lit. a pair) the yoke used to harness a pair of oxen to a plow. The Gemara states that some people use the word "Tzemed" to refer to the pair of oxen

14)[line 16]הבקרBAKAR- oxen, bulls

15)[line 17]הדמים מודיעיןHA'DAMIM MODI'IN- the amount of money [transferred] reveals [what the seller's intentions were]

16)[line 20]רב תחליפא בר מערבאRAV TACHLIFA BAR MA'ARAVA- Rav Tachlifa from Eretz Yisrael

17)[line 23]איסמייה?ISAMYEI?- Should I remove it [from my compilation of Beraisa'os]?

18)[line 23]תיתרגם מתניתיך, באדוקין בוTITARGEM MASNISICH, B'ADUKIN BO- interpret your Beraisa as referring to when the mules were harnessed (lit. stuck) to the wagon

19)[line 26]צימדאTZIMDA- (this is the Aramaic word for Tzemed - see above, entry #13)

20)[last line]ביטול מקחBITUL MEKACH - an invalidation of the sale (ONA'AH: BITUL MEKACH)

(a)If a person makes a profit of one sixth of the total value on an item that he sells, without the purchaser's knowledge, the transaction is valid, but the seller must return the profit to the purchaser. If the profit is less than one sixth, nothing is returned. If the profit is more than one sixth, the sale is invalid even if the profit is returned.

(b)With regard to sales of real estate, even if the profit is more than one sixth, the sale is valid and nothing is returned.

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