[63a - 28 lines; 63b - 35 lines]

1)[line 6]" [' ; ]""V'ISH KI YAKDISH ES BEISO KODESH..."- "And when a man shall sanctify his house [to be] holy [to HaSh-m, then the Kohen shall estimate it, whether it is good or bad; as the Kohen shall estimate it, so shall it stand]" (Vayikra 27:14).

2)[line 7] , MAH BEISO BI'RESHUSO, AF KOL BI'RESHUSO- just like one's house is in his domain, so, too, anything [that he wants to be Makdish] must be in his domain. This teaches that a person may only be Makdish an object under two conditions: 1. It belongs to him, and 2. It is under his control.

3)[line 11] AMIRASO L'GAVO'AH KI'MESIRASO L'HEDYOT

(a)The act of proclaiming something as Hekdesh accomplishes the same thing as physically handing something over to a private citizen (i.e. through speech one can make a Kinyan to, i.e. cause an acquisition by, Hekdesh). (b) Hence, if a harlot were to consecrate her wage, e.g. a sheep, as a Korban before she receives it, according to one perspective, her pledge would be binding and the sheep will be fit to offer as a sacrifice.

4)[line 22]TALEH- a lamb

5)[line 23] MECHSAR MESHICHAH - it is lacking Meshichah, being pulled as an act of acquisition (KINYAN MESHICHAH / KINYAN KESEF / KINYAN ME'NOCHRI)

(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. Depending on the object involved, different Kinyanim may be used.

(b)Some Amora'im maintain that by Torah law, paying for the purchase of Metaltelin consummates a sale. This is known as "Kinyan Kesef." The Torah source for this Kinyan is the verse (referring to the redemption of Hekdesh) that states "... ... " "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19) (RASHI to Bava Metzia 48a DH Savar). Others specify the purchase of an Eved Ivri, a Jewish slave, as the source for this Kinyan: if it is possible to purchase a person himself with Kesef (Kidushin 22b, see Background to Bava Metzia 31:33a), one certainly may purchase a person's possessions with Kesef (RABEINU CHANANEL to Bava Metzia 47b). A third opinion maintains that since Kesef is the most common method of purchase specified by the Torah (it effects Kidushin and is Koneh land and slaves), the unqualified word "Kinyan," which is used with regard to Metaltelin, must also be referring to Kesef (RITVA to Bava Metzia 48a).

(c)Other Amora'im maintain that the Torah does not recognize payment as a form of Kinyan for Metaltelin. Even those who subscribe to the first opinion, that Kesef is a form of Kinyan mid'Oraisa, agree that the Rabanan normally invalidated Kinyan Kesef for the purchase of Metaltelin. Therefore, according to both opinions, in practice even after one has paid for Metaltelin, he must be Koneh them with Meshichah (see Background to Bava Metzia 44:5c:c; or Hagbahah or Mesirah or another form of Kinyan) in order to consummate the sale. Thus, in a sale in which currency is being paid for merchandise, the buyer's Meshichah (pulling towards his domain) of the merchandise consummates the sale. The seller's Meshichah of the currency that was paid for it does not.

(d)One practical difference between whether Kinyan Kesef is effective mid'Oraisa or not involves the Kinyan of a Nochri. The verse which discusses the Kinyan of Metaltelin ("Kanoh mi'Yad Amisecha" - Vayikra 25:14) excludes a Nochri, who is not Amisecha, from that Kinyan. According to the opinion that Meshichah is Koneh mid'Oraisa for a Jew, a Nochri cannot be Koneh with Kinyan Meshichah but must be Koneh with Kesef. According to those who maintain the Kesef, and not Meshichah, is Koneh mid'Oraisa, a Nochri cannot be Koneh with Kinyan Kesef, but must be Koneh with Meshichah (Bechoros 13a).

6)[line 25] KAI B'CHATZEIRAH - it is standing in her courtyard (KINYAN CHATZER)

(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. Depending on what object one is acquiring, different Kinyanim may be used.

(b)One of the forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) is Kinyan Chatzer. The Torah teaches that one's Chatzer (lit. courtyard, but this implies any property or object that has the ability to contain something in it) can acquire for him an item that enters it, as Chazal derive from the verse, " " "Im Himatzei Timatzei v'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).

7)[line 26]APOTIKI

(a)A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes without placing it in the possession of the creditor. This creates a Shi'abud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki." The debtor may specify (if the creditor agrees) that the creditor may only collect his debt from the Apotiki. In such a case, if it becomes impossible to collect the debt from the Apotiki, the debtor is no longer liable to the creditor.

(b)In our Sugya, the person said that the Esnan should be an Apotiki for the harlot's wage, with the following stipulation: he intends to pay her money. If he does not pay her until a certain date, from then on she assumes ownership of the Esnan.

63b----------------------------------------63b

8)[line 1]SHEVI'IS

(a)See Background to Avodah Zarah 50:19.

(b)Among the prohibitions of Shevi'is is giving money to an Am ha'Aretz in payment or exchange for Shevi'is fruits, which is the Gemara's initial assumption of the case of the Tosefta.

9)[line 1]MA'ASER (TEVEL)

See Background to Avodah Zarah 62:13.

10)[line 2] VA'ANI PORE'A- and I will pay [the storekeeper (who is an Am ha'Aretz)]

11)[line 7] CHENVANI HA'MAKIFO- a storekeeper who gives [this employer] credit (and as such, when the workers take the fruits or wine, the employer becomes immediately obligated to the storekeeper, and the money he pays is considered an exchange of Shevi'is fruits)

12)[line 7] D'MISHTA'ABED LEI- that he (the employer) is obligated to him (the storeowner) [and it is as if the employer is paying for the Shevi'is, Ma'aser or Yayin Nesech]

13)[line 8] KANI LEI DINAR GABEI- the Dinar coin works to become the exchange of the fruits of Shevi'is, Ma'aser, or Yayin Nesech, [even when it is still] in the hand of the employer

14)[line 15] , TEN MANEH L'PELONI V'YIKANU KOL NICHSAI LACH- Give So-and-so a Maneh (100 Zuz) and all of my possessions will be acquired by you

15)[line 15] KANAH MI'DIN AREV - he acquires them through the Halachah of "Arev," a guarantor of a loan

(a)An Arev is a guarantor for a loan who accepts upon himself to pay back the loan instead of the borrower, under certain circumstances.

(b)There are different levels of guarantors. A normal guarantor only has to pay back the loan if the borrower cannot pay. In the case of an Arev Kablan, the lender may approach an Arev Kablan to pay even if the lender has not yet asked the borrower to pay. (See Insights to Gitin 49:2.)

(c)A person may use the Halachah of Arev to effect a Kinyan (or the Kidushin of a woman) in the following manner, quoted by our Gemara: "Give So-and-so a Maneh and you will acquire my possessions." The speaker has not received any benefit yet, like an Arev, and he has obligated himself to transfer his possessions to the person to whom he spoke. Similarly, a woman can become Mekudeshes to a man who has given money to another person, according to her instructions, even though she has not received any monetary benefit (Kidushin 7a).

16)[line 18] LO MEYACHED SHI'ABUDEI- since he did not [immediately] designate [money to pay for the food that his workers took, the money cannot be considered an exchange for Shevi'is, Ma'aser or Yayin Nesech]

17)[line 26] NATAL V'NASAN B'YAD- he took [the actual fruits] and gave [them to the workers] with his own hands

18)[line 30] V'YASIV REBBI CHIYA BAR AMI GABAIHU- (Even though in other Sugyos that use this wording, the sage named last states a nuance that provides the concluding answer, this is not the case in the ensuing Dapim, where Rav Nachman answers the questions. RABEINU TAM points out that the incident mentioned in our Gemara actually concludes in a different Gemara (Kesuvos 53a), where Rebbi Chiya bar Ami is the sage with the final word. However, since that was a case that deals with the Kesuvah of an Arusah, Ravina and Rav Ashi decided to record it there - TOSFOS DH v'Yasiv.)

19)[line 31] KA MIBA'YA LEHU- they posed the following question

20)[line 33]TIFLAH- sin, wrongdoing (ARUCH)

21)[last line]ODRIN- digging, hoeing

22)[last line]KIL'AYIM (KIL'EI ZERA'IM)

(a)It is forbidden to plant different types of crops together (Kil'ei Zera'im) as it states in the Torah, " " "Sadecha Lo Sizra Kil'ayim" - "Do not plant different species (together) in your field" (Vayikra 19:19). The resulting produce is not Asur b'Hana'ah.

(b)With regard to sowing different types of crops in a vineyard, the verse states " ; " "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). If one sows Kil'ayim in a vineyard, the produce becomes prohibited ("Kidesh," from the word in the verse, "Tikdash"). TOSFOS DH Ein (II) writes that our Gemara specifically refers to Kil'ei Zera'im and not to Kil'ei ha'Kerem.

(c)The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.

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