[8a - 49 lines; 8b - 37 lines]

1)[line 16]שאילו אמר לשלוחו ''צא וגנוב לי'' וגנב פטורSHE'ILU AMAR LI'SHELUCHO ''TZEI U'GENOV LI'' V'GANAV, PATUR - a Shali'ach cannot be appointed to perform a sin such that the sin will be attributed to the Meshale'ach and not to the Shali'ach who actually performs the sin (EIN SHALI'ACH LI'DEVAR AVEIRAH)

See Insights to Kidushin 42:3.

2)[line 17]ושותפין שגנבו חייביןV'SHUTFIN SHE'GANVU CHAYAVIN- partners who stole are equally liable (a) if one of them accomplished the theft (i.e. the Kinyan Geneivah) with the intent1ion that the stolen item enter both his and his partner's possession (RASHI); (b) if the two partners accomplished the theft (i.e. the Kinyan Geneivah) at the same time (e.g. they did Hagbahah (lifting up the item) together) (TOSFOS)

3a)[line 20]חרשCHERESH- a deaf mute

b)[line 20]ופקחPIKE'ACH- a person with full faculties; the opposite of a Cheresh


(a)According to the Torah, a person who does not have intelligence cannot effect a Kinyan (a formal Halachically-binding act denoting his acquisition of an object). Therefore, a Cheresh (deaf mute), a Shoteh (see Background to Bava Kama 86:20b), and a Katan (minor), who have no intelligence with regard to Halachic matters, cannot effect Kinyanim.

(b)Nevertheless, Chazal instituted a Kinyan mid'Rabanan for a Cheresh, Shoteh, and Katan because of Darkei Shalom, i.e. to maintain social justice (Gitin 59b).

5)[line 31]דלא אתי לאנצוייD'LO (ASI) [LEISI] L'INTZUYEI- so that they do not come to quarrel


6a)[line 1]רכובRACHUV- riding [on the animal]

b)[line 1]ומנהיגU'MANHIG- one who drives an animal by hitting it from behind

7)[line 10]המנהיג סופג את הארבעיםHA'MANHIG SOFEG ES HA'ARBA'IM - the one who drives the animal receives lashes (KIL'EI BEHEMAH: MANHIG)

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem, Kil'ei Zera'im and Harkavas ha'Ilan. Two types of Kil'ayim apply to animals: Harba'ah, and Charishah b'Shor va'Chamor. One type of Kil'ayim applies to clothing: Sha'atnez. (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ayim of animals.

(b)HARBA'AS BEHEMAH refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 54b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.

1.Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa).

(c)CHARISHAH B'SHOR VA'CHAMOR refers to the prohibition of doing any type of Melachah (work) with two different types of animals, as the Torah states "Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of driving or riding two different types of animals together is included in the definition of Melachah. One who intentionally transgresses this prohibition is liable to Malkos.

1.Some rule that the Torah prohibition applies to doing work with any two types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The RAMBAM (Peirush ha'Mishnayos ibid., Hilchos Kil'ayim 9:7), however, rules that the Torah only prohibits doing work with one kosher and one non-kosher animal together, such as an ox and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two types of animals, even if they are both kosher or both non-kosher.

8)[line 10]והיושב בקרוןHA'YOSHEV B'KARON- the person who sits in the wagon

9)[line 15]זמנין סגיאיןZIMNIN SAGI'IN- many times

10)[line 17]אברא!IVRA!- Indeed! [I did hear this from Rav Yehudah]

11)[line 17]ודכרנן נמיV'DACHRANAN NAMI- and I also recall

12)[line 18]במוסירהMOSEIRAH- (O.F. chevestre) halter (a rope with a noose or head stall for leading horses or cattle)

13)[line 25]ובנכסי הגרUV'NICHSEI HA'GER (NICHSEI HA'GER SHE'MES)

(a)When a Jew dies, his closest relatives inherit his estate (according to the hierarchy established by the Torah as recorded in Bamidbar 27:8-11). Since all of the Jews are related to each other (at least through Yakov Avinu and his sons), every Jew must have heirs. A convert, however, may have no heirs (since his non-Jewish relatives do not inherit his estate). When a convert dies without heirs, his estate becomes Hefker (ownerless). The first person who takes possession of his belongings becomes their owner.

(b)In order to take possession of the estate of a convert who dies without any heirs, one must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting the acquisition of any part of the estate, as in all cases of taking possession of items that are Hefker. Depending on what object one is acquiring, different Kinyanim are used. The forms of Kinyan that may be used for the acquisition of the Metaltelin (mobile items) of a Ger are Hagbahah (i.e. lifting the item), Meshichah (i.e. pulling the item or causing it to move), and Chatzer (i.e. bringing the item into one's private domain). The only form of Kinyan that may be used for the acquisition of the land of a Ger is Chazakah (i.e. performing an act that is normally performed only by an owner).

(c)If the Ger owned Nochri slaves at the time of his death, at the instant of his death they become Hefker. Since they possess intelligence, they immediately "acquire" themselves and become freemen. (According to Aba Shaul, whose opinion is cited in our Sugya, this Halachah only applies to adult slaves; minors, who possess no intelligence with regard to Halachic matters, cannot go free in this manner. Rather, after the Ger's death, they remain slaves and whoever performs a Kinyan on them acquires them.) However, as it is explained in our Sugya, if someone performs a Kinyan upon the slaves at the instant of the death of the Ger, the slaves do not go free. Rather, the person who performed the Kinyan upon them acquires them since there was never a moment when the slaves did not have an owner and were able to acquire their freedom.

14)[line 31]השתא יושב קני רכוב מיבעי?HASHTA YOSHEV KANI, RACHUV MIBA'I?- If a person who sits in the wagon can effect a Kinyan on the animal, it goes without saying that a person who is riding on the animal can effect a Kinyan! (See Insights)

15)[line 33]במנהיג ברגליוB'MANHIG B'RAGLAV- someone who is driving the animal by using his feet to get it to move

16a)[line 36]מושכין בגמלMOSHCHIN B'GAMAL- pulling a camel

b)[line 36]ומנהיגין בחמורU'MANHIGIN B'CHAMOR- driving a donkey