[10a - 43 lines; 10b - 51 lines]

1)[line 1]מתניתין מני? רבנן היאMASNISIN MANI? RABANAN HI.- Who is [the author of] our Mishnah? The Rabanan. (That is, the Mishnah teaches that one cannot acquire part of an object of Hefker for another person, since this will cause a loss to others. Nevertheless, if two people pick up a Talis together they can help each other acquire it, as can be inferred from the Mishnah on Daf 2a (see Daf 8a). This is due to the principle of "Migo d'Zachi l'Nafshei," see Background to Bava Metzia 8 - RASHI)

2a)[line 12]תופס לבעל חובTOFES L'VA'AL CHOV- one who seizes [the property of a debtor] for the benefit of a creditor

b)[line 13]במקום שחב לאחריםB'MAKOM SHE'CHAV L'ACHERIM- when he causes other people a loss

3a)[line 17]נכש עמיNAKESH IMI- weed with me (thin out plants so that they will grow better)

b)[line 17]עדור עמיADOR IMI- hoe with me

4)[line 19]דידו כיד בעל הביתD'YADO K'YAD BA'AL HA'BAYIS- (lit. his hand is like the hand of the homeowner) he acquires objects directly for his boss

5)[line 26]ואם תאמר "משנתינו?"V'IM TOMAR "MISHNASENU?"- and if you should say (i.e. ask), ["What about] our Mishnah (where it seems that a person can do Hagbahah for another person and he does not acquire it for that other person, but rather for himself)?"

6)[line 27]זכה ליZECHEH LI - acquire it for me (ZACHIN L'ADAM SHE'LO B'FANAV)

(a)When a person buys or sells an object, or marries or divorces a woman, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status - see Background to Bava Metzia 9:11). This act may be performed using a Shali'ach (agent), in which case the Shali'ach performs the Kinyan instead of the person himself.

(b)When the acquisition of a certain object is unquestionably beneficial for a person, someone else may acquire it for that person as if he were his Shali'ach, even though he was not actually appointed as a Shali'ach to do so. This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to how "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses," - i.e. it is as clear to us as if he stated it himself) that the person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, since it also works for minors who Halachically cannot appoint Shelichim. Rather, the Torah created a new law called "Zachin..." that allows one person to acquire an object for another person in such cases (RASHBA and RITVA to Kidushin 23b - see Insights there; RAN to Kidushin 42a; this may be an argument among the Tana'im in Bava Basra 156b).

7)[line 29]והחזיק בהV'HECHEZIK BAH- he takes hold of it [after the first person falls on it] (a) and acquires it when he does Hagbahah (lifting the object), after the one who fell on it gets off of the other side of the object, allowing him to lift it entirely off the ground (or allowing another person to lift up the other end of the object and to be Koneh it in conjunction with the person who is still holding the first end) (Moreinu ha'Rav, cited by the SHITAH MEKUBETZES DH u'Va Acher; see also TUR Choshen Mishpat 268); (b) and acquires the part in his hand even without lifting the entire object (see Daf 7a; Teshuvos YAD RAMAH, Choshen Mishpat #78)

8)[line 30]אבא כהן ברדלאABA KOHEN BARDELA- Aba Kohen from Bardilaya, near Lod, a town in central Eretz Yisrael, located in the present day city by that name, southeast of Tel Aviv.

9)[line 31]ארבע אמות של אדם קונות לו בכל מקוםARBA AMOS SHEL ADAM KONOS LO B'CHOL MAKOM (KINYAN: ARBA AMOS)

(a)When a person acquires an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the acquisition to be irrevocably binding.

(b)It is a Torah law that one's Chatzer (domain) can acquire an item that enters it on the owner's behalf, such as a Metzi'ah (a lost object that is Hefker) or a purchased item. The ability of a Chatzer to effect a Kinyan is learned from the verse, "אִם הִמָּצֵא תִמָּצֵא בְיָדוֹ" "Im Himatzei Timatzei b'Yado" - "If the theft be at all found in his hand" (Shemos 22:3; Bava Metzia 10b, Rashi to Bava Metzia 9b DH Mi Kani - see Background to Bava Metzia 9:10). The Chachamim added an additional form of Kinyan based on the Kinyan Chatzer of the Torah. They instituted that the area of four Amos around a person (which is considered a person's "place") is also Koneh for him any item of Hefker that is resting there, like his Chatzer. The reason why the Chachamim instituted such a Kinyan was in order to prevent people from quarreling over a Metz'iah that they found in Reshus ha'Rabim (Bava Metzia ibid.). Similarly, they instituted that the Kinyan of Arba Amos can be Koneh a Get for a woman, in order to prevent situations of Agunah from arising (Gitin 78a, see Insights there and Tosfos to Bava Metzia 10a DH Arba Amos).

(c)Some Amora'im maintain that the Chachamim's enactment of the Kinyan of Arba Amos does not apply when the person is standing in someone else's field (such as when poor people are collecting Pe'ah from someone's field). Other Amora'im maintain that the enactment does not apply in Reshus ha'Rabim (since many people are crowded closely together). According to everyone, the Kinyan of Arba Amos applies in a "Simta" (alleyway) and in "Tzidei Reshus ha'Rabim" (the sidewalks of Reshus ha'Rabim) (Bava Metzia 10b). When two people are standing within the same Arba Amos, whichever person arrived there first is the one for whom those Arba Amos are Koneh (Gitin 78a).

(d)See the Mishnah in Eruvin 45a, and Insights to Eruvin 51:1, regarding how the Arba Amos around a person are measured.

10)[line 36]אין לו בה כלוםEIN LO BAH KELUM- he does not get to keep anything (even what he originally collected, due to a fine)

11)[line 37]פרס טליתו עליהPARAS TALISO ALEHA- he spread his cloak over it

12)[line 38]בעומר שכחהB'OMER SHICHECHAH (SHICHECHAH)

(a)If one or two sheaves of grain were forgotten in the field when the other sheaves were collected, they must be left for the poor, as described in Devarim (24:19). From the moment the owner of the field turns away from the remaining sheaves with the intention of ending the collection, if it is prohibited for him to return for the remaining sheaves (Mishnah Pe'ah 6:4).

(b)The Mitzvah of Shichechah applies to the harvest as well. If one skips a row - or part of a row - during the harvest, he may not backtrack to harvest the row he previously overlooked (Mishnah Pe'ah 6:7).

10b----------------------------------------10b

13)[line 14]בסמטאB'SIMTA- a corner that is next to Reshus ha'Rabim, to which merchants withdraw to transact business

14)[line 14]דלא דחקי רביםD'LO DACHAKEI RABIM- where the public does not force its way in

15)[line 17]צידי רשות הרביםTZIDEI RESHUS HA'RABIM- an area at the side of Reshus ha'Rabim that is used by the public only when the Reshus ha'Rabim is congested

16a)[line 21]חצר משום ידה איתרבאיCHATZER MISHUM YADAH ISRABA'I- [the Kinyan of] Chatzer is learned from [the Kinyan a person makes with] their hand, (which is learned from Devarim 24:1 and Shemos 22:3 - see Background to Bava Metzia 9:10:b)

b)[line 23]חצר משום שליחות איתרבאיCHATZER MISHUM SHELICHUS ISRABA'I- [the Kinyan of] Chatzer is learned from [the Kinyan a person makes with] their Shali'ach (which is learned from numerous verses, Bamidbar 18:28, Devarim 24:1 - see Kidushin 41a-b and Background to Kidushin 41:4:a)

17)[line 26]"[אִם הִמָּצֵא תִמָּצֵא] בְיָדוֹ""[IM HIMATZEI TIMATZEI] B'YADO "- "[If the theft be at all found] in his hand [alive, whether it be an ox, or a donkey, or a sheep; he shall restore double.]" (Shemos 22:3)

18a)[line 26]גגוGAGO- his roof

b)[line 26]חצירוCHATZEIRO- his courtyard

c)[line 27]וקרפיפוV'KARPIFO- his Karpaf, an enclosed area that is located outside of a settlement, used for storage and other such purposes. Since it is fully enclosed, a Karpaf is a Reshus ha'Yachid even though it was not enclosed for residential purposes.

19)[line 30]אין שליח לדבר עבירהEIN SHALI'ACH LI'DEVAR AVEIRAH (SHALI'ACH: EIN SHALI'ACH LI'DEVAR AVEIRAH)

(a)It is possible to make a Shali'ach (an agent) to accomplish a task, such that any consequences of the task are attributed to the one who sent him. For example, a Shali'ach can accomplish a Kinyan on behalf of the one who sent him (Kinyan means, roughly, acquiring or relinquishing an acquisition. The word "Kinyan" connotes a change of ownership or status, such as giving or receiving sales, gifts, Gitin and Kidushin.) The Mishnah (Berachos 34b) states, "Shelucho Shel Adam Kemoso," i.e. [the act performed by] the Shali'ach of a person is like [an act performed by the person] himself. Sources for this law are cited in Kidushin 41.

(b)The Gemara learns from verses (Kidushin 43a) that a Shali'ach cannot accomplish a task for someone when the task involves transgressing a prohibition. For example, if a person appoints a Shali'ach to steal an object for him, the Shali'ach is considered to be the thief and not the one who sent him. The reason for this is because the Shali'ach has no right to listen to the one who sent him to do an Aveirah, for HaSh-m warned them that that act is prohibited. (RASHI DH bar Chiyuva - that is, the sender probably did not really expect the Shali'ach to perform the act, and he did not really make him a Shali'ach - see Insights to Bava Kama 56a.)

(c)The Gemara in Kidushin (ibid.) lists a number of instances in which the Torah teaches that a Shali'ach can perform an Aveirah on behalf of the one who sent him. These Aveiros are Tevichah and Mechirah (of a stolen animal, see Background to Bava Kama 84:29) and Me'ilah (see Background to Bava Kama 20:36). Even when a Shali'ach performs other Aveiros, the sender is punished to some degree for the Aveirah that was done (Kidushin ibid.). (According to one opinion in the Gemara, Shamai argues on this principle and holds that a Shali'ach can perform an Aveirah for the one who sent him.)

(d)Our Gemara mentions that according to one Amora, a Shali'ach can perform an Aveirah for the one who sent him if the Aveirah does not apply to the Shali'ach but only to the one who sent him. For example, the Gemara explains that according to this opinion, if a man sends a woman (who is not prohibited to shave a man's head - see below, entry #22 and Nazir Chart #13 to Daf 57b) to shave a man's head, the sender is Chayav Malkos as though he performed the Aveirah himself.

20)[line 34]דלאו בני חיובא נינהוD'LAV BENEI CHIYUVA NINHU- since they are not liable to pay [for theft] (Bava Kama 87a)

21)[line 42]צא וקדש לי אשה גרושהTZEI V'KADESH LI ISHAH GERUSHAH (CHALAL: BEN GERUSHAH U'VEN CHALUTZAH)

(a)The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow (Almanah), divorcee (Gerushah), prostitute ("Zonah" - see Background to Kidushin 77:17) or Chalalah. An ordinary Kohen (Hedyot) is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a Chalutzah (see Background to Kidushin 45:6), and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.

(b)A Chalal may not serve in the Beis ha'Mikdash, and according to some sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.

22)[line 44]אקפי לי קטןAKFI LI KATAN (BAL TAKIF)

(a)It is forbidden by the Torah for a Jewish male to remove his or another Jewish male's sideburns (thus making a continuous hairless line from his face until behind his ears), as the Torah states, "לֹא תַקִּפוּ פְּאַת רֹאשְׁכֶם" "Lo Sakifu Pe'as Roshechem" - "You shall not make a ring [around the tops of your heads by removing the hair] of the corners of your heads" (Vayikra 19:27). The reason for this prohibition is to distance us from idol worship and its adherents, who until this day cut their hair in this fashion. If one cuts off both sideburns, he receives Malkos two times. The Rambam (Hilchos Avodah Zarah 12:6) writes that he has a tradition in his family teaching that it is required to leave at least forty hairs in the sideburns.

(b)According to most authorities, it is prohibited to entirely remove the hair of the sideburns whether one uses a razor or a pair of scissors. The prohibition of Hakafah applies to both the barber and the one whose hair is being cut, if he helps the barber (by moving his head to the correct position). It is prohibited to cut the hair of a male minor as well. Although this prohibition only applies to a man and not to a woman (whether her hair is being cut or whether she is cutting the hair of a man), nevertheless, it is forbidden mid'Rabanan for a woman to cut the hair of a man or a boy in this manner(see Nazir Chart #13, footnote #3).

(c)It is likewise forbidden to shave off all of the hair of the head (Hakafas Kol ha'Rosh). There is a disagreement among the Tana'im as to whether this is included in the prohibition of Hakafah and is mid'Oraisa, since all of the hair of the head includes the sideburns (Yevamos 5a, Nazir 41a), or if it is only forbidden mid'Rabanan (Nazir 29a), since the Torah only prohibits making a shaven ring around the remaining hair. (SEFER HA'CHINUCH #251)

23)[line 50]"וְנָתַן בְּיָדָהּ""V'NASAN B'YADAH"- "and he shall place into her hand [the bill of divorce]" (Devarim 24:1)

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