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BAVA BASRA 174
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[174a - 29 lines; 174b - 51 lines]


1a)
[line 3] KOL MAKOM SHE'SHANAH RABAN SHIMON BEN GAMLIEL B'MISHNASEINU, HALACHAH K'MOSO - every place in the Mishnayos in which Raban Shimon ben Gamliel teaches [his opinion], the Halachah follows his opinion

  b)
[line 4] CHUTZ ME'AREV V'TZIDON V'RA'AYAH ACHARONAH - except for the cases of Arev (a guarantor), Tzidon (the city of Sidon) and Ra'ayah Acharonah (the latter case of proof), as follows:
(a) AREV (Bava Basra 173b-174a) - The Chachamim rule that a loan may be given on the condition that the creditor can collect from the debtor's guarantor (Arev Kablan) before first going to the debtor. Raban Shimon ben Gamliel rules that if the debtor has property, the creditor must collect from him, even if the loan was given under the above condition.
(b) TZIDON (Gitin 74a): It occurred once in Tzidon that a man said to his wife, "This will be a valid Get (bill of divorce) on condition that you bring to me my robe," and then the robe was lost. According to the Rabanan, the Get is annulled and void. Raban Shimon ben Gamliel maintains that she may give the value of the robe and the Get will be effective.
(c) RA'AYAH ACHARONAH (Sanhedrin 31a): The Chachamim rule that a litigant, after being instructed in Beis Din to prove his case, who says, "I do not have any proof," may not use any proof that he may subsequently find as valid evidence. (Since he already admitted to not having proof, we suspect that the documents that he brings afterwards may be forged.) Raban Shimon ben Gamliel rules that we acknowledge the possibility that he did not know about the evidence for his case at the moment that he said he did not have proof, and he may therefore use the proof he subsequently finds as valid evidence. (The Mishnah previously quoted a ruling of Raban Shimon ben Gamliel with regard to a different case involving proof in which the Halachah does follow his opinion. Hence the latter case is known as "Ra'ayah Acharonah.")

2)
[line 5] HALVEHU - lend money to him
3a)
[line 6] PORE'A - [I will] pay back
  b)
[line 6] CHAYAV - [I will be] obligated
4)
[line 16] EIN LA'MALVEH AL HA'LOVEH KELUM - the lender has no claim against the borrower at all
5a)
[line 17] LO MIFTAR LOVEH MINEI D'MALVEH - the borrower is not absolved from the [obligation he has to the] lender
  b)
[line 18] AD SHE'YISA V'YITEN B'YAD - until he (the Arev) gives and takes (the money of the loan from the lender to the borrower) with his own hand
6)
[line 19] D'ACHTEI LA'MALVEH - he let the lender go down into [and confiscate the property of the borrower before even demanding payment from the borrower himself]
7)
[line 19] MEKAMEI D'LISBE'EI LA'LOVEH - before he demanded payment from the borrower
8)
[line 20] SALKEI - he removed him (i.e. he returned the property to the borrower)
9)
[line 21] MAN CHAKIM - who is so wise
10)
[line 22] NICHSEI D'VAR INISH, INUN ME'ARVIN YASEI - a man's properties are guarantors for his debt
11)
[line 26] MEKAMEI D'LOD'INHU L'YASMEI - before he informed the orphans

12)
[line 27] PERI'AS BA'AL CHOV MITZVAH - it is a Mitzvas Aseh to pay back a loan
The principle of "Peri'as Ba'al Chov Mitzvah" is learned from the verse, "Hin Tzedek" (Vayikra 19:36), which teaches that a person's "Hen," i.e. his acknowledgement or his word, shall be righteous or just (Bava Metzia 49a). (If the borrower owns land, there is a lien on his property, "Shia'bud Nechasim," which allows the lender to collect the loan regardless of the above-mentioned Mitzvah. However, if the borrower only has movable property, "Metaltelim," his only obligation to repay the loan is moral, a "Shi'abud ha'Guf," due to the Mitzvah. He has no monetary obligation allowing the lender to collect the debt.)

13)
[last line] EIMAR TZERAREI ATPESEI - I may say that the father, at the time of his death, gave to the creditor bundles of money as security for the repayment of his debt


174b----------------------------------------174b


14)
[line 1] KESH'CHAYAV MODEH - when the obligated party admits [that he never repaid his debt nor gave bundles of money to the creditor]
15)
[line 2] D'SHAMTUHU - [a case in which] they excommunicated him. Since he was excommunicated, the debtor had no opportunity to give bundles of money to the creditor. (SHAMTA - see Background to Bava Kama 112:22.)
16)
[line 2] SHALCHU MI'TAM - the Chachamim sent [a teaching] from there (from Eretz Yisrael to Bavel)
17)
[line 12] HEGRONIYA - a Babylonian town, the home of several scholars
18)
[line 14] BASAR ARVA AZIL - he goes after the guarantor
19)
[line 19] ME'IKARA LO HAVAH MEKABEL LEI - from the beginning, he (the Nochri guarantor) would not have accepted it [upon himself to be a guarantor]
20)
[line 20] MOSHE BAR ATZRI - Moshe bar Atzri. Atzri was the name of a Kohen (RASHBAM)
21)
[line 21] KALASEI - his daughter-in-law (his son's bride)
22)
[line 22] TZURBA MID'RABANAN - a young, intense Torah scholar
23)
[line 22] DECHIKA LEI MILSA - he was hard-pressed for money
24)
[line 23] LEIKA D'NEIZIL D'NASVEI ETZAH? - Is there no one who will go and give him advice?
25)
[line 24] D'NIGRESHAH LI'DEVIS'HU - that he should divorce his wife
26)
[line 25] V'HADAR NEHADRAH - and then remarry her
27)
[line 27] IGLA'I MILSA - it became revealed
28)
[line 29] BASAR ANYA AZLA ANIYUSA - poverty follows a pauper
29)
[line 30] RASHA ARUM - a cunning wicked person
30a)
[line 31] HA'MASI ETZAH - one who gives advice
    b)
[line 31] LIMKOR B'NICHSEI K'RABAN SHIMON BEN GAMLIEL - to sell the property in accordance with the view of Raban Shimon ben Gamliel. Raban Shimon ben Gamliel (Bava Basra 137a) maintains that in the case in which a Shechiv Mera gives away his property to one person and says that "after you [die], it shall be given to so-and-so," the first recipient has the ability to sell or entirely consume the property, and the second one receives only whatever remains of the property.
31)
[line 31] BENO SHA'ANI - his son is different (when it is his son who is the husband, the father fully intends to obligate himself as guarantor for payment of the Kesuvah)
32)
[line 38] MIHAVI HAVAH LEI V'ISHTADUF - he had property but it become ruined (Shidafon refers to black blight; alt., damage to the crops caused by searing, hot east winds)
33a)
[line 39] ABA L'GABEI BREI - a father with regard to his son
    b)
[line 39] SHI'ABUDEI MESHA'ABED NAFSHEI - he certainly obligates himself (i.e. when a father accepts responsibility for his son's obligation, he obligates himself even when his son has no property at the time and it is likely that the father will have to pay)
34)
[line 40] AREV DI'CHESUVAH - the guarantor of the Kesuvah debt
35)
[line 47] MITZVAH HU D'AVAD V'LO MIDI CHASRAH - he (the guarantor) is doing a Mitzvah (by enabling and encouraging the couple to get married), and she loses nothing (by consenting to the marriage) (and, therefore, the Arev of a Kesuvah does not have intention to actually obligate himself to pay the Kesuvah)
36)
[last line] ADAM ASUY SHE'LO L'HASBI'A ES BANAV - a person is accustomed to [do an act in order to] make his sons not feel satiated and rich

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