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BAVA BASRA 100
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BAVA BASRA 100 - Sponsored by Asher and Etti Schoor of Lawrence, NY. May they be Zocheh to see their children continue to grow in Avodas Hash-m and to rejoice in the Torah.

[100a - 35 lines; 100b - 36 lines]

1) [line 5] SHE'BARERU - who selected
2)
[line 11] METZAR SHE'HECHEZIKU BO RABIM - a pathway (lit. border) which the public took possession of (by fixing and preparing it as a pathway)

3)
[line 15] AD SHE'YACHAZIK - until he performs a formal act of Kinyan Chazakah (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) Rebbi Eliezer maintains that there is another way to make a Kinyan on land without having to do any actual act to the land itself. By walking the width and the breadth of the land, the new owner is able to acquire it. The Chachamim argue and maintain that an actual act of Chazakah must be done to the land.

4)
[line 21] SHEVIL SHEL KERAMIM - a walkway of a vineyard
5a)
[line 23] HAVU LEI - give to him [a walkway with a width...]
  b)
[line 24] KI HEICHI D'DARI TUNA D'SHAVISHTA V'HADAR - such that he can carry a load of branches and he can turn around with them (without the branches scratching the fence at each side of the path)
6)
[line 25] MESAIMAN MECHITZASA - fences border it (on the two sides of the path). According to the RASHBAM, when the path is bordered by fences, the seller must widen the path so that the fences do not harm the branches that the person is carrying. TOSFOS and other Rishonim, however, have the opposite Girsa; only when the path is not bordered by fences is the owner required to widen it for the buyer. If fences border it, then the seller is not required to take down his fences in order to widen the path.
7)
[line 26] KI HEICHI D'SHAKIL KAR'A U'MANACH KAR'A - such that he can lift a foot and put down a foot (i.e. a very narrow width)
8)
[line 30] DAYANEI GOLAH - the judges of the Diaspora, i.e. the Amora'im Shmuel and Karna (RASHBAM; however, see Sanhedrin 17b where only Karna is mentioned, and the note of the Mesores ha'Shas there)
9)
[line 30] GEMADIM - (a) a Gemed is a small Amah, equal to the distance between the elbow and the beginning of the fingers (the knuckles) (RASHBAM); (b) a Gemed is the same as a normal Amah (RASHBAM quoting "Yesh Omrim," RABEINU GERSHOM)


100b----------------------------------------100b


10)
[line 1] DERECH AREI MIKLAT - the road to cities of refuge (AREI MIKLAT - cities of refuge)
(a) A person who murders intentionally after having been previously warned is liable to the death penalty. A person who murders unintentionally is exempt from the death penalty, but is punished with Galus (banishment, exile).
(b) When it is proven that a person killed unintentionally, he is banished to one of the six Arei Miklat (cities of refuge) or one of the forty-two cities of the Leviyim. He must stay there and not leave the city or its Techum (city limits) for any reason whatsoever until the death of the Kohen Gadol who served at the time that he was sentenced to banishment.
(c) If the unintentional murderer leaves his city of refuge, the Go'el ha'Dam (the closest relative of the murdered person) is permitted to avenge the death of his relative and kill the murderer.

11)
[line 3] "TACHIN LECHA HA'DERECH [V'SHILASHTA ES GEVUL ARTZECHA... V'HAYAH LANUS SHAMAH KOL ROTZE'ACH.]" - "Establish for yourself the road [and divide into three parts the border of your land... so that any [accidental] murderer can flee to there.]" (Devarim 19:3) - The Gemara derives from the extra prefix "ha'Derech" ("the road") that this road is to be twice the size of a normal road of Reshus ha'Rabim (i.e. 32 Amos wide).
12)
[line 4] HA'MELECH PORETZ GEDER LA'ASOS LO DERECH V'EIN MEMACHIN B'YADO - the king may break down a fence to make for himself a road, and we do not protest against him (i.e. he has the right of eminent domain)
13)
[line 6] MISHUM YEKARA D'SHICHVA - because of the honor of the deceased
14)
[line 9] BEIS HESPEDO - the place where the eulogies are delivered
15)
[line 10] MISHUM PEGAM MISHPACHAH - because of the discredit of the family, that others will be buried in their burial plot and that they must be buried in the burial plot of others
16)
[line 11] MA'AMADOS U'MOSHAVOS - see Background to Bava Basra 99:24
17)
[line 12] "HAVEL HAVALIM, AMAR KOHELES, HAVEL HAVALIM, HA'KOL HAVEL." - "'Vanity of vanities,' said Koheles, 'Vanity of vanities, all is vanity.'" (Koheles 1:2) - The Gemara counts seven occurrences of the word "vanity" in this verse, since both plurals ("Vanities") are regarded as two.
18a)
[line 17] IMDO YEKARIM AMODU - stand up, honored ones, stand up
    b)
[line 17] SHEVU YEKARIM SHEVU - sit down, honored ones, sit down
19)
[line 19] HAVAH NESIVA - was married
20)
[line 20] SHECHIVA - she died
21a)
[line 22] KEROVIM - closely related relatives (although not those relatives who must observe the Halachos of Aveilus, mourning)
    b)
[line 22] RECHOKIM - non-relatives
22)
[line 31] AMTEYUHU BEIN HA'SHEMASHOS - they brought him (to be buried) at Bein ha'Shemashos (at the very end of the day) on Erev Shabbos
23a)
[line 33] ME'ARAH - a [collective burial] cave
    b)
[line 34] KUCHIN - small burial caves for individual corpses, dug into the walls of the collective burial cave

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