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1) [line 5] "YIHEYEH KODESH" - "[And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one] being consecrated [to HaSh-m.]" (Vayikra 27:32) 2) [line 9] ASARAH SEYIN - ten sheep 3) [line 11] HAVAH UVDA BEI RAV CHISDA, V'RAV CHISDA BEI RAV HUNA - a case [of a person who was Makdish (consecrated) something, the ownership of which was under dispute,] came before Rav Chisda, and he brought it to Rav Huna (lit. the Beis Midrash of Rav Chisda...the Beis Midrash of Rav Huna) 4) [line 12] PASHTAH - he answered it 5a) [line 16] GAZAL V'LO NISYA'ASHU HA'BE'ALIM - when one robs a person and the owner has not as yet given up hope of getting his object back b) [line 16] V'LO NISYA'ASHU HA'BE'ALIM (YE'USH) (a) Ye'ush means that the owner gives up hope of ever getting back his object from the thief, and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis") (b) A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope ("Ye'ush") of ever getting it back, and the object becomes "changed" (Shinuy; see Background to Bava Kama 111:5 and to Sukah 30:2) from its original state, he need not return the object itself, but rather its value. 6a) [line 17] LEFI SHE'EINAH SHELO - since it is not his b) [line 18] LEFI SHE'EINAH BI'RESHUSO - since it is not in his physical possession 7a) [line 19] MASUSA METALTELIN - (lit. a movable bathhouse) a portable tub b) [line 19] MASUSA MEKARKE'EI - a bathhouse 8) [line 21] RAV TACHLIFA BAR MA'ARAVA - Rav Tachlifa of the West, i.e. from Eretz Yisrael 9) [line 24] MECHAVI LEI REBBI AVAHU "UVI'SHEVU'AH" - Rebbi Avahu showed him (by pointing up at the sky), "and with a Shevu'ah," i.e. that they must take oaths before the apportionment, as in the Halachah of the Mishnah (Daf 2a) 10) [line 28] DI'TEFISEI B'CHARKASHTA - they are holding onto its fringes (O.F. fernjes? - fringes) 11) [line 29] SUDRA (KINYAN SUDAR) (a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used, was follows. (b) The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are: 1. Hagbahah, i.e. lifting the item; 2. Meshichah, i.e. pulling the item or causing it to move; 3. Mesirah, i.e. handing over the reigns of an animal or the tie lines of a boat, or a bill of debt (Shtar Chov); 4. Chatzer, i.e. bringing the item into one's private domain; 5. Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement). 6. Agav, i.e. acquiring the movable object automatically upon the acquisition of land. (c) The forms of Kinyan that may be used for the acquisition of land are: 1. Kesef, i.e. paying at least a Perutah's worth of money for the land; 2. Shtar, i.e. receiving a legal document containing the details of the sale; 3. Chazakah, i.e. performing an act that is normally performed only by an owner; 4. Chalipin (as mentioned above, b:5) (d) The source for Kinyan Chalipin in the Torah is from the verse in Ruth 4:7-8, in which this Kinyan is used by Boaz. Although Kinyan Chalipin may be accomplished through the barter of two equally-valued items, it is normally no more than a symbolic act in which an object of little value is given over in order to represent the acquisition of an object of value. For example, Chalipin may be accomplished by taking possession momentarily of a scarf or piece of cloth (Sudar) that belongs to the other party in order to make a Kinyan on another object that is being transferred. For this reason, Chalipin is also known as "Kinyan Sudar." (The other object is not simply handed over to the buyer to make the Kinyan with Meshichah either because it is not present or because it is too large or it is unfeasible to hand it over, for example in the case of the transfer of land.) (e) The Gemara records a Machlokes among the Amora'im as to whether the Sudar used in the symbolic Kinyan is given by the buyer (in exchange for the object that is being acquired) or by the seller (*along with* the object that is being acquired). The Halachic ruling is that the buyer gives the Sudar, and in return he acquires the object that is being transferred (Bava Metzia 47b). 12) [line 29] SHALOSH AL SHALOSH - three Etzba'os by three Etzba'os (1 Etzba = approximately 1.9, 2.0 or 2.4 cm, depending upon the differing Halachic opinions) 13) [line 30] "V'NASAN L'RE'EHU" - "[Now this was the custom in former times in Yisrael concerning redeeming and concerning exchanging; to confirm a transaction a man took off his shoe,] and gave it to his neighbor; [and this was the manner of attesting in Yisrael.]" (Ruth 4:7) 14) [line 30] DECH'MAN D'FASIK DAMI - since it is considered to be detached 15) [line 32] GET B'YADAH (GET) (a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (lit. "a document that cuts [the bond between them]") and hand it to her ("v'Nasan b'Yadah") in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. Gitin). (b) The man does not need to give the Get to the woman himself; he may appoint a Shali'ach to bring the Get and hand it to her. When the man appoints a Shali'ach to bring the Get to his wife, this is called a "Shali'ach l'Holachah." The woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Get from the man, or to receive the Get from the man's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get). (c) A Get must contain the full names of the couple involved in the divorce, the places where they are to be found at the time of the writing (or where they live, or where they were born, according to some), and the date and place where the Get is written. If any of these items is missing or mistaken ("Shinah Shemo u'Shemah" -- Gitin 34b, Yevamos 91b), the Get is invalid. (d) A Get must be written Lishmah (for the sake of the woman who is to be divorced), as is learned from the verse in the Torah, "v'Chasav Lah Sefer Kerisus" - "and he must write for her a bill of divorce" (Devarim 24:1). The scribe must therefore write at least: 1. the name of the wife; 2. the name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol Adam" -- "You are hereby free to [marry] whomever you wish" -- with the intention that this Get will be used to divorce this specific woman (see RAMBAM Hilchos Gerushin 3:7). (e) A Get may be written on any surface, including paper, parchment, potsherds, leaves that do not wither, the hand of a slave and the horn of a cow (RAMBAM Hilchos Gerushin 4:3). 16) [line 32] MESHICHAH - (O.F. linoel) linen thread, string 17) [line 33] L'NATKO - to snatch it away 18) [line 34] KERISUS BA'INAN (a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get. (b) Since the Torah calls the Get a "Sefer Kerisus," we are taught that the Get must completely sever the ties between the husband and his wife. If the husband introduces a retroactive condition into the Get, which cannot be completely fulfilled until the woman dies, the Get is invalid, since there will be no point at which the ties between the husband and his wife will be entirely severed in a practical manner, i.e. while she is still alive. (c) Similarly, if the husband has not entirely handed over the Get to his wife, such as when he holds a string that is attached to the Get, and it is possible for him to snatch it away from her, they are not yet divorced. 19) [line 36] TALIS MUZHEVES - a gilded Talis 20) [line 36] D'KAI DAHAVA BEI MITZ'EI - the golden part is in the middle 21) [line 40] YISKAYEM HA'SHTAR B'CHOSMAV (KIYUM) Mid'Oraisa, a Shtar (contract) or Get which was written legally and signed by witnesses is considered absolute proof. The Chachamim, out of fear of forgeries, required that every Shtar be validated ("Kiyum") in one of the following manners: 1. The witnesses themselves attest to the validity of their signatures. 2. Other witnesses who recognize the signatures attest to their validity. 3. The signatures are matched to those on a previously validated Shtar or Get. 22) [line 41] HAREI HU B'CHEZKASO - it retains its status of being a valid document 23) [line 42] V'GAVI LEI MALVEH KULEI?! - And does the creditor collect the full value [of the Shtar]?! 24) [line 43] MODEH BI'SHTAR SHE'KASVO, TZARICH L'KAIMO (a) When a debtor admits that he wrote a document of debt, but claims that the document is not valid for another reason (e.g. the debt has already been collected), the creditor must call upon the witnesses to verify their signatures. The reason for this Halachah is that as long as the signatures on the Shtar have not been validated, the debtor is believed with a "Migo"; had he wanted he could have claimed that the Shtar is a forgery (see Background to Kidushin 43:15:a-b). The Shtar must be validated to remove the debtor's Migo. (b) Others argue, ruling that "Modeh bi'Shtar she'Kasvo Ein Tzarich l'Kaimo," that is, the debtor is not believed when he says that he paid since this is not a valid Migo. The debtor would be ashamed to claim that the Shtar is a forgery and that is why he preferred to claim that he paid the debt (TOSFOS to Kesuvos 19a; see other reasons there). 25) [line 45] CHASPA B'ALMA HU - it is merely a potsherd, i.e. it is valueless 26) [line 45] MAN KA MESHAVI LEI L'HAI SHTARA? - Who is the one who makes the Shtar (i.e. confirms its authenticity)?
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