BAVA METZIA 46-49 - Dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

[46a - 34 lines; 46b - 34 lines]

1)[line 3]ליקני להו לאידך במשיכה, ופריקLIKNI LEHU L'IDACH BI'MESHICHAH, U'FARIK- the owner of the fruits should cause his friend to acquire the coins using a Kinyan Meshichah (by pulling the bag of coins), and his friend can redeem them (the Ma'aser Sheni fruits)

2)[line 4]נכריNOCHRI- a stranger; not the owner [of the Ma'aser Sheni fruits]

3)[line 5]ניקנו ליה מעות (להיאך) [להאיך] אגב סודרNIKNU LEI MA'OS (L'HEI'ACH) [L'HA'ICH] AGAV SUDAR- the owner of the fruits should cause him (his friend) to acquire the coins using a Sudar (or anything that can be used as a Sudar - see Background to Bava Metzia 45:8)

4)[line 6]דלית ליה סודרD'LEIS LEI SUDAR- he has no scarf or piece of cloth, or anything that can be used as a Sudar

5)[line 7]אגב קרקעAGAV KARKA (KINYAN AGAV)

(a)According to Torah law, certain modes of transferring ownership (Kinyanim) are effective only for land (Mekarka'in), while others are effective only for mobile objects in general (Metaltelin) or for specific mobile objects such as slaves. Kinyan Agav is effective for the transfer of mobile objects in general.

(b)A Kinyan "Agav Karka" is a "package deal" wherein when land is transferred through one of the modes of transferring land, mobile objects (that the former owner of the land is also selling to the recipient of the land) are automatically transferred as well. For example, if a person is interested in selling a parcel of land and also a cow, when the buyer pays for the land, thereby acquiring it through Kinyan Kesef, he immediately acquires the cow as well. This Kinyan is learned from the verse in Divrei ha'Yamim II 21:3.

(c) The Gemara concludes that in order to acquire an object through Kinyan Agav, the seller must specify that he wants the buyer to acquire the object along with the land (Kidushin 27a). For Kinyan Agav to take effect, the Gemara concludes (ibid.) that it is not necessary for the Metaltelin to be lying in the land that is transferring them ("Tzevurin").

6a)[line 8]ואיכפל תנא לאשמועינן...!?V'ICHPAL TANA L'ASHMU'INAN...?!- Did the Tana trouble himself to teach us...?!

b)[line 9]גברא ערטילאיGAVRA ARTILA'I- an unclothed man

7)[line 13]בי חוזאיBEI CHOZA'EI- [with someone who lived in] Bei Choza'ei, a district of Bavel on the caravan road, along the Tigris River and its canals

8)[line 13]אגב אסיפא דביתיהAGAV ASIFA D'VEISEI- by means of (see above, entry #5) transferring to him ownership of (a) the threshold of his house; (b) a small corner at the end of his house

9)[line 14]כי אתא, נפק לאפיה עד תווךKI ASA, NAFAK L'APEI AD TAVACH- when he (Rav Shmuel bar Acha) returned, he (Rav Papa) went out as far as Tavach to greet him

10a)[line 19]חמריוCHAMARAV- his donkey-drivers

b)[line 19]ופועליוU'PO'ALAV- his workers

11)[line 20]תן לי בדינר מעותTEN LI B'DINAR MA'OS- give me one silver Dinar's worth of copper coins

12)[line 21]ואפרנסםV'AFARNESEM- and I will satisfy their needs (O.F. conreid) [of people expecting food

13)[line 21]יפה דינר וטריסיתYEFEI DINAR U'TRISIS- [coins worth] a full Dinar plus a coin worth three Isarin, or an extra one eighth of a Dinar

14)[line 25]בפרוטטותB'PROTETOS- blank pieces of copper similar to Asimonim of silver (see Background to Bava Metzia 44:8a)

15)[line 26]דליכא עלייהו טבעאD'LEIKA ALAIHU TIV'A- that do not have [the status of] currency

16)[line 28]דינר יפהDINAR YAFEH- a full Dinar

17)[line 31]כל הנעשה דמים באחרKOL HA'NA'ASEH DAMIM B'ACHER- anything that is used as payment for another object, i.e. money, and specifically, coins

18)[line 32]כיון שזכה זה, נתחייב זה בחליפיןKEIVAN SHE'ZACHAH ZEH, NISCHAYEV ZEH B'CHALIPIN- as soon as this one (the seller) obtains [it (the object used for Chalipin)], this one (the buyer) acquires the purchased item wherever it is, and is obligated to pay for it in full, even if it is damaged or lost from that point on (lit. is responsible for the item that he receives in exchange)


19)[line 1]כל הנישום דמים באחרKOL HA'NISHOM DAMIM B'ACHER- anything that is assessed as an equivalent for another object, i.e. a barter and not a sale for cash. This includes all Metaltelin (mobile goods) except for coins

20)[line 10]יש דמים שהן כחליפיןYESH DAMIM SHE'HEN K'CHALIPIN- there is an instance where the monetary value of an object can be used for trade just like a Sudar is used for the Kinyan Chalipin

21)[line 10]החליף דמי שור בפרהHECHELIF DEMEI SHOR B'FARAH- someone traded the monetary value of a bull for a cow (after he incurred the debt of the monetary value of the bull when he performed Meshichah on the bull)

22)[line 13]דבר תורה, מעות קונותDEVAR TORAH, MA'OS KONOS - according to the Torah, paying for the purchase of Metaltelin effects a Kinyan (KINYAN KESEF)

(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 are 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 "וְיָסַף... כֶּסֶף... וְקָם לוֹ" "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19) (RASHI here 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 Daf 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" that is used with regard to Metaltelin must also be referring to Kesef (RITVA here).

(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 Metaltelim 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 arises when unusual methods of purchase are used (for example, when an item is purchased by forgoing a loan - see Insights). According to the opinion that Devar Torah Ma'os Konos, the Rabanan did not apply their Gezeirah in unusual circumstances, and in such cases Kesef can indeed effect a Kinyan. Another ramification involves the Kinyan of a Nochri. The verse which discusses the Kinyan of Metaltelin ("קָנֹה מִיַּד עֲמִיתֶךָ" "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 that Kesef, and not Meshichah, is Koneh mid'Oraisa, a Nochri cannot be Koneh with Kinyan Kesef, but must be Koneh with Meshichah (Bechoros 13a).

23)[line 15]בעלייהALIYAH- the loft

24)[line 17]משיכה מפורשת מן התורהMESHICHAH MEFURESHES MIN HA'TORAH- the Kinyan of Meshichah is written explicitly in the Torah (see above, entry #22:c)

25a)[line 25]בדינר אנקא ואניגראDINAR ANKA V'ANIGRA- the Bithniyan and the Ancyrean Dinars, one of which was invalidated by the central government; the other by the local authority

b)[line 25]אנקאANKA- an abbreviation of Beis Onyaki, Bithniya, a district of Asia Minor

c)[line 25]ואניגראANIGRA- Ancyra, a city of Galatia in Asia Minor

26a)[line 25]שפסלתו מלכותSHE'PASALTO MALCHUS- the central government invalidated it

b)[line 26]שפסלתו מדינהSHE'PASALTO MEDINAH- the local government invalidated it

27)[line 27]דלא סגי כללD'LO SAGI KELAL- since it is not legal tender anywhere

28a)[line 31]בצנעאB'TZIN'A- in private, seclusion

b)[line 31]בפרהסיאB'FARHESYA- in public