BAVA BASRA 84 (20 Nisan) - Today's Daf has been sponsored by Martin Fogel of Carlsbad, California, in memory of his father, Yaakov ben Shlomo Fogel, on the day of his Yahrzeit.

[84a - 28 lines; 84b - 40 lines]

1)[line 2]ותנא תונאTANA TUNA- (a) our Tana (the Tana of our Mishnah) taught (RASHBAM); (b) it has been taught (IGERES RAV SHERIRA GA'ON)

2)[line 14]"רַע רַע יֹאמַר הַקּוֹנֶה""RA RA YOMAR HA'KONEH"- "'Bad, bad,' the buyer says" (Mishlei 20:14).

3)[line 16]שמשאSHIMSHA- the sun

4)[line 16]סומקתיSUMKASI- red

5)[line 17]דקא סמקא צפרא ופניאKA SAMKA TZAFRA U'FANYA- it is red in the morning and towards evening

6)[line 17]והאי דלא קא חזינן כוליה יומאHAI D'LO KA CHAZINAN KULEI YOMA- the reason why we do not see [its redness] throughout the entire day

7)[line 18]נהורין הוא דלא בריNEHORIN HU D'LO VARI- it is our eyesight which is not clear

8a)[line 19]"... וּמַרְאֵהוּ עָמוֹק מִן הָעוֹר...""... U'MAR'EHU AMOK MIN HA'OR..."- "[Then the Kohen shall inspect the mark, and, behold, if] it looks deeper than the skin, [and there is in it thin yellow hair, then the Kohen shall pronounce him Tamei; it is a Nesek, [which is] Tzara'as of the head or beard]" (Vayikra 13:30) - With regard to the disease of Tzara'as (see next entry) there are many instances of the concept of a mark on the skin looking deeper than the skin (see Vayikra 13: 3, 4, 25, 31, 32, 34).

b)[line 19]וּמַרְאֵהוּ עָמוֹק מִן הָעוֹרU'MAR'EHU AMOK MIN HA'OR (NIG'EI BASAR)

(a)There are four types of blemishes that constitute Neg'ei Tzara'as (blemishes or marks of the skin disease Tzara'as) that affect a Jewish person: Nig'ei Basar; Shechin or Michvah; Nesek; Karachas or Gabachas. (For a detailed description of the Halachos of a Metzora, a person afflicted with Tzara'as, see Bava Metzia 86:29. For a full discussion of the process by which a Metzora becomes Tahor, see Background to Kidushin 35:24.)

(b)Nig'ei Basar refer to a blemish of Tzara'as that affects normal skin. It appears as a white blotch of one of four bright shades of white, sometimes with some red mixed in. Because of the difference in the refraction of sunlight into the eye, a white blotch on the skin may appear as a depression in the skin. The names and colors of these four types of marks are:

1.Baheres, which is the color of snow;

2.Se'es, which is the color of clean, white newborn lamb's wool;

3.Sapachas of Baheres, which is the color of the plaster used to whitewash the Beis ha'Mikdash;

4.Sapachas of Se'es, which is the color of the white membrane found on the inside of an egg.

9)[line 19]כמראה חמה עמוקה מן הצלK'MAR'EH CHAMAH AMUKAH MIN HA'TZEL- like the appearance of the sun sunken from the shade (that is, optically, the lighter area appears to be depressed, while the darker area appears higher)

10)[line 20]והתם לבן הואHASAM LAVAN HU- there, it (the skin) is white (and the Beraisa compares it to the color of the sun)

11)[line 25]דחלפא אַבֵּי וורדי דגן עדןCHALFA A'BEI VERADEI D'GAN EDEN- it is passing over the rose garden in Gan Eden

84b----------------------------------------84b

12a)[line 5]הרעהRA'AH- bad (spoiled, rotten, inferior) produce

b)[line 5]היפהYAFAH- fine (superior) produce

13)[line 6]"וְלֹא תִשְׂאוּ עָלָיו חֵטְא בַּהֲרִימְכֶם אֶת חֶלְבּוֹ מִמֶּנּוּ...""V'LO SIS'U ALAV CHET BA'HARIMCHEM ES CHELBO MINENU..."- "You shall not bear a sin for it when you separate its choicest (lit. fattest) part from it..." (Bamidbar 18:32).

14)[line 7]אם אינו קדוש, נשיאות חטא למה?IM EINO KADOSH, NESI'US CHET LAMAH?- [the verse implies that if one separates Terumah from the inferior produce to fulfill the requirement for superior produce, he bears his sin.] If the inferior produce does not become Terumah, why does he bear any sin (i.e. what did he do wrong)?

15a)[line 10]בחמראCHAMRA- wine

b)[line 10]בחלאCHALA- vinegar

16)[line 13]משךMASHACH (KINYAN MESHICHAH)

(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 of the forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) is Meshichah, i.e. pulling the item or causing it to move. Meshichah can only accomplish a Kinyan in a private or semi-private area (such as an alleyway), but not in Reshus ha'Rabim. It may be accomplished not only by pulling the object towards one's self, but even by causing it to come towards one's self, such as by calling an animal and causing it to come closer. Paying for an object (Kinyan Kesef), on the other hand, does not accomplish a Kinyan on Metaltelin.

(c)The Amora'im (Bava Metzia 47b) argue whether Kinyan Meshichah (as well as Kinyan Hagbahah and Mesirah, see below, entries 21, 26) is mid'Oraisa. Some maintain that Kinyan Meshichah is recognized by the Torah and Kinyan Kesef is not. Others maintain that Kinyan Meshichah is a Rabbinic institution which was established in order to replace Kinyan Kesef, which is recognized by the Torah but which was invalidated by the Rabanan. According to those who maintain that Kinyan Meshichah is mid'Oraisa, its source in the Torah is from the verse "קָנֹה מִיַּד עֲמִיתֶךָ" "Kanoh mi'Yad Amisecha" (Vayikra 25:14), which implies that one may transfer property by handing it over to the buyer (Bava Metzia ibid.).

17)[line 13]מדדMADAD- he measured (the amount being purchased)

18)[line 14]אם היה פיקחIM HAYAH PIKE'ACH- if he was wise

19)[line 14]שוכר את מקומןSOCHER ES MEKOMAN - he would rent the place on which the merchandise is resting (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 (lit. courtyard, but this implies any property or object that has the ability to contain something in it) can acquire an item that enters it, on its owner's behalf, 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).

(c)By renting, from the seller of the merchandise, the area on which the merchandise is resting, the buyer is able to acquire the merchandise right away, through Kinyan Chatzer, without needing to do any other form of Kinyan.

20)[line 15]פשתןPISHTAN- flax

21)[line 15]עד שיטלטלנוAD SHE'YITALTELENU (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.

22)[line 18]מדד והניח על גבי סימטא, קנהMADAD V'HINI'ACH AL GABEI SIMTA, KANAH- [if a seller] measured out an item and placed it down on [the surface of] a Simta

23)[line 18]סימטאSIMTA- a place where individuals are permitted to place their objects (as opposed to Reshus ha'Rabim, where this is prohibited). It is described by the RASHBAM as: (a) an alleyway; (b) a gateway from Reshus ha'Rabim into a Mavoy (an alleyway)

24)[line 20]במודד לתוך קופתוB'MODED L'SOCH KUPASO- when he measures out the items into the container [of the buyer, which is located in a Simta]

25)[line 22]מימרא בעי?MEIMRA BA'I?!- Does it even need to be mentioned?! (i.e. it goes without saying!)

26)[line 33]מסירהMESIRAH

The Kinyan of Mesirah entails handing over the reins of an animal (or the tie lines of a boat) in order to acquire the animal (or boat). Mesirah is one of the forms of Kinyan that one may use to acquire an object (see above, entry #16). In contrast to Meshichah, Mesirah is a form of Kinyan that is valid in Reshus ha'Rabim and in a Chatzer that does not belong to either the buyer or the seller.

27)[line 39]ממאן אגר?MI'MAN AGAR?!- From whom could he rent [its area]?

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