BAVA BASRA 149 - A week of learning has been dedicated towards meriting a Refu'ah Sheleimah for Eliezer Lipa ben Yetta, by Mr. and Mrs. Kornfeld of Yerushalayim.

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

1)[line 1]"יהנה בהן", מהו?"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]דניהוי כולהו מתנהD'NEHEVEI CHULHU MATANAH- [does he mean] that they should all be given as a gift?

b)[line 2]ליתהני מינייהו מידיLIS'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]"יראה בהן", מהו"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]"יעמוד בהן""YA'AMOD BAHEN"- [If a Shechiv Mera says,] "He should stand with them (all of his property)"

c)[line 3]"ישען בהן""YISHA'EN BAHEN"- [If a Shechiv Mera says,] "He should lean (rely) on them (all of his property)"

4a)[line 7]הא דאיתנהו לזוזי בעינייהוHA 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]הא דפרעינהו בחובוHA 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]שהודהHODAH- he admits [that he owed someone property or money that had been entrusted with him]

6)[line 9]דאיסור גיוראISUR GIYORA- Isur, the convert

7)[line 10]תריסר אלפי זוזיTREISAR ALFEI ZUZEI- twelve thousand Zuzim (a denomination of currency)

8)[line 10]בי רבאBEI RAVA- [deposited in] the home of Rava

9a)[line 10]הורתו שלא בקדושהHORASO 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]ולידתו בקדושהV'LEIDASO BI'KEDUSHAH- and his birth was with holiness (his father was a Jew at the time Rav Mari was born)

10)[line 11]ובי רב הוהBEI RAV HAVAH- he was [learning] in the Yeshivah

11)[line 12]היכי ניקנינהוHEICHI NIKNINHU- how can he acquire them

12)[line 13]לאו בר ירושה הואLAV BAR YERUSHAH HU- he (Rav Mari) is not one who can inherit property (because he is a convert; see Background to Bava Basra 142:2)

13)[line 13]במתנהMATANAH- the giving of a gift through Matnas Shechiv Mera (see Background to Bava Basra 146:37)

14)[line 14]שויוהSHAVYUHA- they made it

15)[line 17]במשיכהMESHICHAH

(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]ליתנהו גביהLEISNEHU GABEI- they (the coins) are not with him [such that he could perform an act of Meshichah with them]

17a)[line 17]בחליפיןCHALIPIN (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). When one object is lifted by one of the parties to the exchange, the other item also changes hands, even if it is located elsewhere.

b)[line 17]אין מטבע נקנה בחליפיןEIN 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]אגב קרקעAGAV 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 may be 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 acquiring it - see Background to Bava Basra 51:7:b), he concurrently acquires 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, even in another location. This Kinyan is learned from the verse in Divrei ha'Yamim II 21:3.

19)[line 19]במעמד שלשתןB'MA'AMAD SHELOSHTAN- in the presence of the three of them (see Background to Bava Basra 144:25)

20)[line 20]לא אזילנאLO AZILNA- I will not go

21)[line 21]ולודי איסורV'LODI ISUR- [if the admission of a Shechiv Mera is acceptable,] let Isur admit [that the money belongs to Rav Mari]!

22)[line 21]דהלין זוזיHALEIN ZUZEI- these Zuzim

23)[line 22]וליקנינהו באודיתאLIKNINHU B'ODISA- [if the admission of a Shechiv Mera is acceptable,] let him acquire it through admission

24)[line 23]איקפד רבאIKPAD RAVA- Rava became irritated

25)[last line]קא מגמרי טענתא לאינשיKA MEGAMREI TA'ANASA L'INSHEI- they are teaching claims to people

26)[last line]ומפסדי ליU'MAFSEDEI LI- and causing a loss to me!

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

27)[line 2]קרקע כדי פרנסתוKARKA KEDEI PARNASASO- land in the amount necessary for his support

28)[line 4]כמה מכוונן שמעתתא דסבי!KAMAH MECHAVNAN SHEMA'ATESA D'SAVEI!- How precise are the teachings of the elders!

29)[line 6]דאי קאי, סמיך עליהD'IY KAI, SAMICH ALEI- for if he recovers, he relies on it

30)[line 10]וכל היכא דתני קרקע, קרקע דוקא?V'CHOL HEICHA D'TANI KARKA, KARKA DAVKA?- and every place in which the Tana writes "land," he means only land?

31)[line 11]הכותב כל נכסיו לעבדו, יצא בן חוריןHA'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]שייר קרקע כל שהואSHIYER 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]חוץ מאחד מרבוא שבהןCHUTZ ME'ECHAD ME'RIBO SHE'BAHEN- except for one ten-thousandth of them

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