BACKGROUND TO THE DAILY DAF
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[175a - 29 lines; 175b - 43 lines]
1) [line 2] D'NAKIT SHTARA - he (the lender) is holding a deed of debt (and the Shechiv Mera, the borrower, admits to the debt written in the Shtar)
2) [line 13] KELAPEI LAYA?! - Towards which direction is it turning? (The opposite would be reasonable!)
3) [line 13] IPCHA MISTABRA - the opposite would be [more] reasonable
4) [line 14] KEIVAN D'PASKAH AVUHON L'MILSA - since their father was certain about the matter (in that he commanded them, with no uncertainty, to pay back his debt)
5) [line 20] ADKUREI MIDKAR - he remembered
6) [line 26] ADAM MESHATEH BI'SHE'AS MISAH? - Does a person joke at the time of his death?
7) [line 27] BASAR D'VE'AYA, HADAR PASHTAH - after he asked [the question], he then answered it
8) [line 28] DIVREI SHECHIV MERA KI'CHESUVIN VECHI'MESURIN DAMU - the words of a Shechiv Mera are as if they are written [in a Shtar] and given over (SHECIV MERA)
A Shechiv Mera is a person lying on his deathbed. Normally, in order to transfer one's possessions to someone else, a proper Kinyan must be executed (such as Hagbahah, or Chazakah), which will later be written in a Shtar. The Chachamim instituted that a Shechiv Mera may effect a Kinyan and transfer his property by simply requesting verbally that the transfer take place (see Insights to Bava Basra 147a). If he recovers, the Kinyan is not valid, because it is clear that he executed the Kinyan only because he thought that he was going to die.
9a) [last line] NECHASIM MESHU'ABADIM - property that can have a lien on it, such that a creditor can collect the money owed to him by taking the property from the debtor or from those who bought the property from the debtor
b) [last line] NECHASIM BENEI CHORIN - (lit. properties that are free) fields that do not have a lien on them (which have not been bought by purchasers from the debtor)
10) [line 1] KESAV YADO - his signature (on an "I.O.U." document, without witnesses)
11a) [line 2] AREV - [the signature of] a guarantor for a debt (see Background to Bava Basra 173:14)
b) [line 2] HA'YOTZEI L'ACHAR CHISUM SHTAROS - which comes after the signature of the witnesses in a loan document
12) [line 7] HA'CHONEK - one who was choking someone else [in order to extract payment from him]
13) [line 8] HANACH LO - leave him alone
14) [line 9] SHE'LO AL EMUNASO HILVAHU - for it was not based on his (the Arev's) trustworthiness that he (the lender) loaned money to him (to the borrower)
15) [line 13] MIKTZO'A - field of expertise
16) [line 14] K'MA'AYAN HA'NOVE'A - like an ever-flowing wellspring
17) [line 15] YESHAMESH - he should serve
18) [line 18] SHI'ABUDA D'ORAISA (SHI'ABUD)
(a) When a person borrows money and writes a Shtar for the creditor to use to collect the loan (or becomes indebted in some other way, such as a man's obligation to pay his wife's Kesuvah), this creates a lien (Shi'abud Karka'os) on all the land that the debtor owns, making it mortgaged (Meshu'abad) to his creditor. If he sells the property afterwards, the creditor may collect the property from the purchasers in payment of the loan.
(b) The Amora'im in our Sugya argue whether such a Shi'abud is mid'Oraisa -- the Torah makes the debtor's property Meshu'abad to the creditor, or whether such a Shi'abud is mid'Rabanan -- the Chachamim enacted that the debtor's property be Meshu'abad to the creditor.
19) [line 20] PESEIDA DI'LEKUCHOS - the loss caused to the purchasers (since the loan was not written in a Shtar, it did not become publicized and thus the purchasers did not know that they were buying land that had a lien on it for the repayment of a loan)
20) [line 21] INHU NINHU D'AFSIDU A'NAFSHAIHU - it is they who caused the loss to themselves (by buying land that they knew had a lien on it for the repayment of a loan)
21) [line 26] KEDEI SHE'LO SIN'OL DELES BIFNEI LOVIN - so as not to "lock the doors" in the faces of the borrowers (since creditors will not lend money unless they have certain incentives)
22) [line 27] LEIS LEI KOLA - (lit. it has no voice) it (a loan made without a Shtar) does not become publicized
23) [line 28] GAVU KARKA, YESH LO - if they collected land, then he receives [a double portion of it]. This refers to a case in which a man died with outstanding debts owed to him. If the man's sons collect land as payment from the debtors of their father, then the Bechor, the firstborn, receives a double portion of that land, according to the Benei Ma'arava (Bava Basra 124b). Since the father had a Shi'abud (see above, entry #18) on that land, it is considered as though the land was in the father's possession during his lifetime, and thus it is considered "Muchzak." A Bechor only receives a double portion from the assets that were in the possession of the father at the time of death (see Background to Bava Basra 119:3).
24) [line 31] BA'AL CHOV DINEI B'ZIBURIS - [the Torah law states that] a creditor gets [repaid with] land of the poorest quality
(a) If a person wishes, he may pay back his debts with plots of land equivalent in value to the amount that he owes. Chazal divided the quality of plots of land into three categories: Ziburis - the poorest quality, Beinonis - average quality, and Idis - the highest quality. Depending on what kind of a debt is being paid, Chazal instituted that different qualities of land must be used to pay the debt if it is to be paid back with land. Damages (Nezikin) are reimbursed with Idis. Standard loans (Halva'os) are repaid using Beinonis. The payment of a Kesuvah to a wife, as well as debts that are paid by orphans for claims on their father's estate, are paid using Ziburis.
(b) Mid'Oraisa, a standard loan may even be repaid using Ziburis. The Rabanan required that the borrower pay back Beinonis land so as not to "close the door" to other borrowers, who will not find creditors from whom to borrow because they fear that they may be repaid in Ziburis.
25) [line 32] TA'AMA D'VENEI MA'ARAVA - the reason [for the ruling] of the people of Eretz Yisrael (lit. the people of the west). The Benei Ma'arava ruled that a Bechor receives a double portion of land that was collected for the deceased father's debt (see above, entry #23).
26a) [line 39] HA'CHOFER BOR BI'RESHUS HA'RABIM - one who was digging a pit in the public domain
b) [line 39] V'NAFAL ALAV SHOR V'HARAGO - and a bull fell onto him and killed him
27) [line 42] BESHE'AMAD B'DIN - [the case is] when he came to court
28) [line 42] V'HA HARAGO KETANI! - but it is written that "it (the bull) killed him!" (and thus how could he have come to court?)
29) [line 42] SHE'ASA'O TEREIFAH - [the case is] that it (the bull) made him a Tereifah, a person mortally wounded (who will die within a year)
30) [last line] TANI TANA: MES V'KAVRO HASAM - a Tana taught (alt. TANI CHAGA - Chaga taught: he died and they buried him there
31) [last line] D'YASVEI DAYANEI A'PUMA D'VEIRA - [the case is] that the judges convened at the opening of the pit
Index to Background for Maseches Bava Basra