[9a - 48 lines; 9b - 39 lines]

1)[line 1]במדה זאת קנוB'MIDAH ZOS KANU- in this instance, they effect a Kinyan on the animals

2)[line 8]אי הכי, ליערבינהו וליתנינהו...IY HACHI, LI'ARVINHU V'LISNINHU...- if so, the phrases should be combined and taught [as follows]...

3)[line 10]איכא חד צד דלא קניIKA CHAD TZAD D'LO KANI- there is one case that does not effect a Kinyan

4)[line 14]איכא בינייהו צד אחד (דלא קנה) [דקנה]IKA BEINAIHU TZAD ECHAD (D'LO KANAH) [D'KANAH]- (this is the Girsa of the two Rome manuscripts and the Shitah Mekubetzes)

5)[line 29]ובית פגיהU'VEIS PAGEI- (O.F. chevecine) head-strap, bridle harness

6)[line 31]לנתקה ולהביאה אצלוL'NATKAH UL'HAVI'AH ETZLO- to snatch it off [of the head of the donkey] and bring it to himself

7)[line 32]ברותא היאBERUSA HI- it is an "outside," rejected opinion

8)[line 45]ארנקיARNEKI- a change purse or money bag that contains money


9)[line 2]איניש זילאINISH ZILA- a lowly person

10)[line 8]קני בהמה וקני כלים, מי קני כלים?KENI BEHEMAH U'KENI KELIM, MI KANI KELIM? (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 are used.

(b)One of the forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) is Kinyan Chatzer (domain). The Torah teaches that a Chatzer can acquire an item that enters it on the owner's behalf, as Chazal derive 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 DH Mi Kani).

(c)The Amora'im argue whether a Chatzer is Koneh a Metzi'ah because it can be considered like the Shali'ach of its owner, or whether it is considered like the Yad (hand) of its owner. If it is like a Shali'ach, the Chatzer of a Katan (minor) is not Koneh for him, since a Katan cannot appoint a Shali'ach. If it is like a Yad, however, even the Chatzer of a Katan can be Koneh for him when he is standing alongside it or in it (since that is when it is like his hand). With regard to a Get, all agree that a Chatzer is Koneh for the woman because it is considered her Yad. Therefore, even a Ketanah can be divorced by placing the Get in her Chatzer if she is standing alongside it. Similarly, a woman may be divorced even against her will by placing a Get into her Chatzer, if she is standing alongside it, even though a Shali'ach cannot accept her Get against her will (see TOSFOS to Bava Metzia 10b DH v'Iy).

(d)Even movable items (e.g. a basket) can be considered like a Chatzer, and they are Koneh on their owner's behalf any items that are lying in it. However, if the basket is currently placed in the domain of another, the Amora'im argue as to whether it can be Koneh for its owner from the person who owns the domain (see Background to Kidushin 3:8:b:2).

(e)Living beings that a person owns (such as slaves or animals) cannot acquire for their owners any object that is placed upon them through the Halachah of Chatzer; this is because a mobile Chatzer ("Chatzer Mehaleches") does not safeguard what is on it for the use of its owner in the way that a non-mobile Chatzer does (Rashi Bava Metzia 9b DH Mikni). (The fact that a Chatzer must provide a minimal amount of protection to its contents is learned from the above verse, see Rashi there, and Rosh to Gitin 7:5. A mobile Chatzer provides even less protection than a non-mobile Chatzer lacking a fence, and therefore it cannot even acquire a purchase for its owner, see following paragraph.) An animal or slave that is bound is viewed as a non-mobile object with regard to Kinyan Chatzer, as our Sugya explains.

(f)In order for a Chatzer to acquire a Metzi'ah, the Chatzer must be Mishtameres l'Da'ato, i.e. protected as a result of the owner's authority. If the Chatzer is not Mishtameres, it can be Koneh a Metzi'ah only if the owner is standing in or alongside it (Bava Metzia 11a). A Chatzer can be used to acquire an item that is being purchased, though, even if it is not Mishtameres and the owner is not alongside it. A Chatzer cannot be used to acquire a Get for a woman unless she is standing in or alongside it, even if it is Mishtameres (RASHI and many Rishonim to Bava Metzia 12a - see Insights and Chart there).

(g)Some maintain that it is possible to acquire land through a Kinyan Chatzer as well (see Insights to Bava Kama 12:2:a:3).

11)[line 8]חצר מהלכתCHATZER MEHALECHES

(a)When a person acquires an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in ownership). See previous entry.

(b)The Kinyan of Chatzer works only when the Chatzer is a stationary domain. If the Chatzer is a moving domain ("Chatzer Mehaleches" - lit. "a walking Chatzer"), then the Chatzer is not effective to make a Kinyan. Hence, an object placed on a person's animal cannot be acquired through Kinyan Chatzer (even though the animal is considered the person's domain), because the animal is a moving Chatzer.

12)[line 11]בכפותהBI'KEFUSAH- when [the donkey is] bound [and cannot move]

13a)[line 15]ספינה מינח נייחאSEFINAH MEINACH NAICHA- the boat is at rest

b)[line 16]ומיא הוא דקא ממטו להU'MAYA HU D'KA MAMTU LAH- but the water is moving it

14a)[line 18]חיקהCHEIKAH- the article of clothing that covers her chest or lap

b)[line 19]קלתהKALASAH- a woman's basket that holds spindles and linen and that can be worn on the head

15)[line 20]ואיהי דקא מסגיא מתותהV'IHI D'KA MESAGYA TUSAH- and she is merely walking under it

16)[line 25]פאהPE'AH

The corner, or end, of the harvest must be left in the field for the poor, as it states "לֹא תְכַלֶּה פְּאַת שָׂדְךָ לִקְצֹר... לֶעָנִי וְלַגֵּר תַּעֲזֹב אֹתָם" "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger Ta'azov Osam" - "Do not completely harvest the corner of your field... you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger" (Vayikra 19:9-10).

17)[line 29]מגו דאי בעי מפקר נכסיה והוי עני וחזי ליהMIGO D'IY BA'I MAFKAR NICHSEI V'HEVEI ANI V'CHAZI LEI- since it is possible for him to declare all of his possessions Hefker (ownerless) and he will therefore gain the status of a poor person and it (Pe'ah) will be fit for him [to eat]

18)[line 30]ומגו דזכי לנפשיה, זכי נמי לחבריהU'MIGO D'ZACHI L'NAFSHEI, ZACHI NAMI L'CHAVREI- since it is possible for him to acquire it for himself, it is also possible to acquire it for someone else