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BAVA BASRA 168
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[168a - 42 lines; 168b - 31 lines]


1)
[line 1] KEIVAN SHE'HIGID, SHUV EINO CHOZER U'MAGID - once a witness has testified, he cannot retract and testify again [about the same event]
2)
[line 1] TZURBA ME'RABANAN - a young Torah scholar
3)
[line 2] LAV URCHEI L'MEIDAK - it is not his manner to check [to see what a woman looks like]
4)
[line 4] IVRA - indeed, in truth
5)
[line 4] ANT HAVAS - it was you
6)
[line 7] D'AZIL L'KEDUSHEI ITESA - who is going to betroth a woman
7)
[line 7] NIDBAR AM HA'ARETZ BA'HADEI - he should lead an Am ha'Aretz (an unlearned Jew who is lax in his Torah-observance; see Berachos 47b) with him
8)
[line 8] DILMA MECHALFU LAH MINEI - lest they exchange her [for another woman] from him
9)
[line 10] VEHA'IDNA - and nowadays
10)
[line 10] SHADYUHU - they place it (the obligation to pay for the writing of the Get)
11)
[line 11] D'LO LISHEHAYEI - so that he not delay it (the giving of the Get)

12)
[line 13] B'ISKA - [the Mishnah is dealing] with an investment arrangement of an "Iska" (ISKA)
(a) When two people embark upon an Iska (a business deal) in which one of them provides merchandise or money and the other deals with the sales aspect, it is prohibited to divide the profits equally. Half of the merchandise is considered to be a loan and the other half to be a Pikadon. As such, the salesman must receive an extra payment for his efforts, or else his efforts with regard to the Pikadon of the owner will be considered Ribis in exchange for receiving the loan.
(b) Our Gemara teaches that in such an arrangement, even though the lender of the money gains (if the investment is profitable), nevertheless the borrower is the one who must pay the fee to the scribe for writing the Shtar.

13)
[line 15] MIPENEI RA'ASAH - because of its inferior state
14)
[line 17] D'NICHA LEI L'CHAMUHA L'KEROVEI - for it is pleasing for his father-in-law to have him (the Talmid Chacham) as part of his family
15)
[line 19] B'VORAH - [the Mishnah is dealing] with a fallow field
16)
[line 21] HACHA TARGIMU - here (in Bavel) they translate it as...
17)
[line 21] SHTAREI TA'ANASA - documents in which the claims of each litigant are recorded (so that the litigants cannot change their claims in the middle of the case)
18)
[line 22] BORER - selects

19)
[line 25] B'CHOFIN AL MIDAS SEDOM - [they are arguing] about whether we may force one not to act in the ways of the people of Sedom (KOFIN AL MIDAS SEDOM)
Midas Sedom means not wanting others to benefit from one's possessions even when it will not cause the owner any loss. (The expression originates with the people of the town of Sedom. Sedom had a most plentiful, fertile land that incurred no loss when others came to benefit from it, however, they let no outsiders benefit from their land, even enacting laws and inflicting bodily torture to keep strangers away.)

20)
[line 28] D'TEHAVEI ZECHUSACH GABEI ZECHUSI - that your claims of entitlement should be near my claims of entitlement
21)
[line 28] D'DAMYAS ALAI KI ARYA ARBA - for you are akin to me like a lion waiting in ambush (whenever you read your document and see my claims, you will be reminded of your quarrel and come to me and argue -- RASHBAM)
22)
[line 30] V'HISHLISH ES SHETARO - he gave his document of debt to a third party

23)
[line 34] ASMACHTA
(a) Asmachta refers to "reliance" upon a particular eventuality or a conditional [monetary] obligation which the party or parties involved undertake without full commitment. The reason that the party involved does not commit himself fully is because his obligation is contingent upon the fulfillment of a condition that he anticipates will not be fulfilled. (An example of this is when gamblers place wagers, where neither of them expects to lose the wager.)
(b) The Tana'im, Rebbi Yosi and Rebbi Yehudah, in our Mishnah argue as to whether such a commitment is binding or not.

24)
[line 39] ANI, MAH E'ESEH - I, what can I do? (Since Rebbi Yochanan ruled like Rebbi Yosi that an Asmachta is a binding commitment, I cannot argue against him.)


168b----------------------------------------168b


25)
[line 2] B'MOSAV TELASA HAVEINA - we were sitting three together (as a proper session of Beis Din)
26)
[line 5] HUZKAKNU - we probed [the testimony of the witnesses]
27)
[line 6] MECHUVENES - [the testimony of each witness] conformed exactly [with the other's testimony]
28)
[line 7] NIKRA - it was ripped [by someone]
29)
[line 7] NISKARA - it became ripped [by itself]
30)
[line 8] NETASHTESH - it was smeared
31)
[line 8] RISHUMO NIKAR - the letters are still recognizable
32)
[line 9] H"D [= HEICHI DAMI] - what is the case
33)
[line 13] TOREF - the main part of the Shtar Chov, which includes the names of the Malveh and the Loveh, the time and the amount of the loan
34)
[line 13] SHESI VA'EREV - lengthwise and widthwise
35)
[line 13] ARVA'EI - Arabs (see RABEINU GERSHOM who explains that they were mercenaries whom the king permitted to stay in his land after the battle)
36)
[line 14] ANSEI AR'ASA D'INSHI - they were taking by force the lands of other people
37)
[line 15] MARVASAIHU - their owners
38)
[line 16] LICHZEI - look at
39)
[line 17] MISNEIS - [if] it is taken by force
40)
[line 17] NAKITINAN - we will be holding
41)
[line 20] V'HADAR TARIF - and then collect again [with the second Shtar]
42)
[line 20] TARDI - they were bothering him
43)
[line 25] MI KA'AMINA SHETARA MA'ALYA? - Did I say [to write] a proper Shtar [and then erase it]?

44)
[last line] ACHRAYUS
"Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who sells a field or gives it as a gift to someone else can guarantee the field by obligating himself in Achrayus. If it is determined afterwards that the seller of the giver of the gift did not have the right to sell or give the land (for example, if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller or giver are made available to the buyer to collect the value of the property that was removed from his possession. If the field was purchased without Achrayus, the buyer has no legal claim against the seller, and he is not compensated at all for his loss (Bava Basra 44b).

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