BACKGROUND TO THE DAILY DAF

brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il    http://www.dafyomi.co.il


Previous Daf
BAVA BASRA 149
Question Mark
Ask A
Question

BAVA BASRA 146-150 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the tenth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[149a - 24 lines; 149b - 15 lines]

1) [line 1] "YEHENEH VAHEN," MAHU? - [If a Shechiv Mera says,] "He should derive pleasure with them (all of his property)," what [is the law]?
2a)
[line 1] D'NEHEVEI CHULHU MATANAH - [does he mean] that they should all be given as a gift?
  b)
[line 2] LIS'HANI MINAIHU MIDI - [or does he mean that] he should derive a little pleasure from them (but not that he should acquire them as a gift)?
3a)
[line 2] "YERA'EH VAHEN," MAHU? - [If a Shechiv Mera says,] "He should be seen with them (all of his property)," what [is the law]?
  b)
[line 3] "YA'AMOD BAHEN" - [If a Shechiv Mera says,] "He should stand with them (all of his property)"
  c)
[line 3] "YISHA'EN BAHEN" - [If a Shechiv Mera says,] "He should lean (rely) on them (all of his property)"
4a)
[line 7] HA D'ISNEHU L'ZUZEI B'EINAIHU - this [second statement of Rav Yehudah in the name of Rav, that if the Shechiv Mera recovers he may retract his sale,] is when the money is still in his possession (lit. when they (the coins) still exist in their present form)
  b)
[line 7] HA D'FAR'INHU B'CHOVO - this [first statement of Rav Yehudah in the name of Rav, that if the Shechiv Mera recovers he may not retract his sale,] is when he used it (the money) to repay his debt
5)
[line 9] SHE'HODAH - he admits [that he owed someone property or money that had been entrusted with him]
6)
[line 9] ISUR GIYORA - Isur, the convert
7)
[line 10] TREISAR ALFEI ZUZEI - twelve thousand Zuzim (a denomination of currency)
8)
[line 10] BEI RAVA - [deposited with] the home of Rava
9a)
[line 10] HORASO SHE'LO BI'KEDUSHAH - his conception was not with holiness (his father was a Nochri at the time Rav Mari was conceived)
  b)
[line 11] V'LEIDASO BI'KEDUSHAH - and his birth was with holiness (his father was a Jew at the time Rav Mari was born)
10)
[line 11] BEI RAV HAVAH - he was [learning] in the Yeshivah
11)
[line 12] HEICHI NIKNINHU - how can he acquire them
12)
[line 13] LAV BAR YERUSHAH HU - he is not one who can inherit property (because he is a convert; see Background to Bava Basra 142:2)
13)
[line 13] MATANAH - the giving of a gift through Matnas Shechiv Mera (see Background to Bava Basra 146:37)
14)
[line 14] SHAVYUHA - they made it

15)
[line 17] 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 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 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.

16)
[line 17] LEISNEHU GABEI - they (the money) are not with him [such that he could perform an act of Meshichah with them]

17a)
[line 17] CHALIPIN (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).

    b)
[line 17] EIN MATBE'A NIKNEH B'CHALIPIN - coins cannot be acquired through Chalipin. 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.

18)
[line 18] AGAV KARKA - by way of land (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, also (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.

19)
[line 19] B'MA'AMAD SHELOSHTAN - in the presence of the three of them (see Background to Bava Basra 144:25)
20)
[line 20] LO AZILNA - I will not go
21)
[line 21] V'LODI ISUR - [if the admission of a Shechiv Mera is acceptable,] let Isur admit [that the money belongs to Rav Mari]!
22)
[line 21] HALEIN ZUZEI - these Zuzim
23)
[line 22] LIKNINHU B'ODISA - [if the admission of a Shechiv Mera is acceptable,] let him acquire it through admission
24)
[line 23] IKPAD RAVA - Rava became irritated
25)
[last line] KA MEGAMREI TA'ANASA L'INSHEI - they are teaching claims to people
26)
[last line] U'MAFSEDEI LI - and causing a loss to me!


149b----------------------------------------149b


27)
[line 2] KARKA KEDEI PARNASASO - land in the amount necessary for his support
28)
[line 4] KAMAH MECHAVNAN SHEMA'ATESA D'SAVEI! - How precise are the teachings of the elders!
29)
[line 6] D'IY KAI, SAMICH ALEI - for if he recovers, he relies on it
30)
[line 10] V'CHOL HEICHA D'TANI KARKA, KARKA DAVKA? - and every place in which the Tana writes "land," he means only land?
31)
[line 11] HA'KOSEV KOL NECHASAV L'AVDO, YATZA BEN CHORIN - one who writes all of his property [as a gift] to his slave, he goes free (since he included the slave himself in the gift that he gave to the slave)
32)
[line 12] SHIYER KARKA KOL SHE'HU - he held back a minimal amount of land (stipulating that this land was not part of the gift)
33)
[last line] CHUTZ ME'ECHAD ME'RIBO SHE'BAHEN - except for one ten-thousandth of them

Next Daf

Index to Background for Maseches Bava Basra

OTHER D.A.F. RESOURCES ON THIS DAF
Insights
 • 
Review
Questions
 • 
Review
Summary
 • 
Point by Point
Outline
 • 
Halachah
Outlines
 • 
Tosfos
Outlines
 • 
Revach l'Daf
 • 
English Charts
& Graphics

Review
Quiz
 • 
Hebrew
Charts
 • 
Yosef
Da'as
 • 
Chidonim
 • 
Galei
Masechta
 • 
Lectures:Iyun
or Archaeology

KIH Logo
D.A.F. Home Page



See the Daf

Sponsorships & Donations  •  Readers' Feedback
Mailing Lists  •  Archives  •  Ask the Kollel
Dafyomi Weblinks  •  Dafyomi Calendar
Chomer b'Ivrit

Hear the Daf