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BAVA BASRA 172
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BAVA BASRA 171-172 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.

[172a - 31 lines; 172b - 20 lines]

1) [line 2] RABANAN TEKUNEI TAKINEI - the Rabanan instituted enactments
2)
[line 3] IHU HU D'AFSID A'NAFSHEI - he is the one who caused himself a loss (by not following the enactments of the Rabanan)
3)
[line 4] HANHU KASVEI SHTAREI AKNAYASA - those writers of documents of Kinyan (documents of transfer of ownership which include the wording of a Kinyan; see Background to Bava Basra 136:12-13). This includes a Shtar of a gift, in which no Achrayus is written (and thus even if the Shtar is written after the date of the transaction, no harm will occur), or a Shtar of a sale, in which Achrayus is written (no harm will occur from such a Shtar being written after the transaction, because a sale becomes publicized at the time that it occurs through its witnesses, and thus if the land is taken away from the buyer by the seller's creditor, the buyer may lawfully take land from other buyers who purchased their land from the seller after the date of his own purchase).
4)
[line 7] YOMA D'KAIMISU BEI - the day on which you are standing
5)
[line 7] KI HEICHI D'LO MISCHAZI K'SHIKRA - so that it not appear to be a lie (a false document)
6)
[line 8] L'SAFREI - to his scribe
7)
[line 9] KI KAIMISU B'SHILI - when you are in the place called Shili (near Pumbedisa)
8)
[line 10] V'AF AL GAV D'MESIRAN LECHU MILEI B'HINI - even though the instructions were given to you in the place called Hini (which is a twin-city of Shili)
9)
[line 14] SHAVYEI NIHALI TREI, BENEI CHAMSHIN CHAMSHIN - make it (the Shtar for 100 Zuz) for me into two [Shtaros], each one for 50 [Zuz]
10)
[line 16] D'NIFGAM SHETAREI - so that his Shtar will be blemished (when the creditor attempts to collect the outstanding 50 Zuz of his loan with a Shtar that says that 100 Zuz was loaned, he will have to make a Shevu'ah)
11)
[line 17] SHAVINHU NIHALI CHAD BAR ME'AH - make them (the two Shtaros for 50 Zuz) for me into one [Shtar] of 100 [Zuz]
12a)
[line 24] MERCHATZ - a bathhouse
    b)
[line 24] BEIS HA'BAD - an olive press
13)
[line 24] ASA'AN LI'SECHAR - if they were made for producing an income (by renting out)
14)
[line 24] HA'SECHAR L'EMTZA - the income is divided between them
15)
[line 24] ASA'AN L'ATZMO - if they were made for his own use
16)
[line 28] SHETARO SHEL YOSEF BEN SHIMON PARU'A - [a note that says,] "the document of debt of Yosef ben Shimon has been paid back"
17)
[line 29] YESHALESHU - they should write the third generation (i.e. the names of the grandfathers of each Yosef ben Shimon)
18)
[line 29] IM HAYU MESHULASHIN - if the names of the third generation (i.e. their grandfathers' names) were identical
19)
[line 30] SIMAN - an identifying feature
20)
[last line] LAVISI MANEH MIMCHA - [it is written in the Shtar,] "I borrowed a Maneh from you" (and the name of the lender is not specified)


172b----------------------------------------172b


21a)
[line 1] AFILU ME'REISH GALUSA - [the words "from you" may imply] even from the Reish Galusa, the Exilarch, the leader of the Jews in Babylon (and thus the bearer of the Shtar may not collect from the borrower, since he might not be the actual lender but merely might have found the Shtar in the street) (RASHBAM's preferred explanation; see TOSFOS)
    b)
[line 2] VA'AFILU MI'SHEVOR MALKA - and even from Shevor Malka (see previous entry). Shevor Malka refers to King Shapur II, the king of Persia, who ruled 309-379 CE, during the Sassanid Dynasty.
22a)
[line 3] PUK AYEIN BAH - go out and look into the matter
    b)
[line 3] DEL'URSA BA'I LAH RAV HUNA MINECH - since tonight Rav Huna is going to ask you about it
23)
[line 4] NAFAK DAK V'ASHKACH - (lit. he went out, checked and found) he checked into the sources and found the following Beraisa
24)
[line 10] EDEI MESIRAH KARTEI - see Background to Bava Basra 170:3
25)
[line 11] LEICHUSH LI'NEFILAH - we should suspect that it (the Shtar) fell [from the rightful owner]
26a)
[line 19] LI'NEFILAH D'CHAD - [we are not concerned] for the possibility that it fell from one specific person (such as a person named Yosef ben Shimon) [and then was found by one specific person (such as another person named Yosef ben Shimon) (RASHBAM; see RABEINU CHANANEL cited by Rashbam, and see TOSFOS)]
    b)
[last line] LI'NEFILAH D'RABIM CHAISHINAN - we are concerned for the possibility that it fell from [any person in] the public [and was found by any other person (see RASHBAM, TOSFOS)]

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