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Bava Basra 51

BAVA BASRA 51 - dedicated anonymously towards a Refu'ah Sheleimah for Esther Basha bas Malka Faiga.

1) [line 1] DAYANEI GOLAH - the judges of the Diaspora, i.e. the Amora'im Shmuel and Karna (RASHBAM; however, see Sanhedrin 17b where only Karna is mentioned)

2) [line 3] MISTABRA AMREI KED'RAV YOSEF - it is more plausible to interpret the phrase "Eshes Ish Tzerichah Limchos" - "A married woman must protest," as referring to a case where a person was Machzik one or two years during the husband's lifetime and three years after his death. (This is the suggestion of Rav Yosef (Daf 50b). However, Rav did not mention Rav Yosef, who lived a few generations after Rav.)

3) [line 6] YICHED LAH AR'A ACHARISI LI'MEZONAH - he designated a different field (other than the one on which she tried to attain a Chezkas Shalosh Shanim) from which she should collect her sustenance

4) [line 7] LIGELUYEI ZUZEI HU D'VA'I - (lit. he intended to expose the coins) the husband only "sold" a piece of land to his wife in order to trick her into revealing the hidden coins that she stole from him

5a) [line 11] LO HAVAH MAR GABAN B'URSA BI'TECHUMA - the Master was not with us yesterday evening (a) at the end of the Techum Shabbos [of many neighboring towns, where the Beis Midrash was strategically located so that all of the inhabitants in the area would be able to walk there on Shabbos] (RASHBAM); (b) in the Beis Midrash (the Techum of the Torah) (ARUCH)
b) [line 12] D'AMRINAN MILEI MA'ALYASA - where we said exceptional words [of Torah]

6) [line 16] DAL ZUZEI ME'HACHA - take away [the payment of] coins from here (from the case of a man who sold a field to his wife)

7) [line 17] NECHASIM SHE'YESH LAHEN ACHRAYUS NIKNIN B'CHESEF BI'SHTAR UV'CHAZAKAH - land is acquired through money, a contract, or through a Chazakah
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used (see Background to Bava Kama 51:26). For acquiring land, the Kinyan can be made by the giving over of money, the writing of a Shtar, or the making of a Chazakah.
(b) Examples of Chazakah for real estate are Na'al (locking), Gadar (fencing in) and Paratz (making a breach in a fence to create an entrance) or any act that is done to *enhance* the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).
(c) The word Achrayus in this context means that people will trust a borrower who owns land (even the smallest amount) since they can expect to extract payment from the land should the borrower not have the money to pay back his loan (RASHI to Kidushin 26a).

8a) [line 19] SHTAR MATANAH - a document effecting the transfer of property through a gift
b) [line 20] SHTAR MECHER - a document effecting the transfer of property through a sale

9a) [line 22] NEYAR - paper
b) [line 22] CHERES - a potsherd

(a) "Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who sells a field or gives it as a gift to someone else can guarantee the field by obligating himself in Achrayus. If it is determined afterwards that the seller of the giver of the gift did not have the right to sell or give the land (for example, if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller or giver are made available to the buyer to collect the value of the property that was removed from his possession. If the field was purchased without Achrayus, the buyer has no legal claim against the seller, and he is not compensated at all for his loss (Bava Basra 44b).
(b) There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property or obligates himself to pay someone (e.g. by writing a document of debt or a Kesuvah) with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah states that "Achrayus Ta'us Sofer;" the sale or debt *does* have Achrayus and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we follow the plain reading of the Shtar, and therefore there is no Achrayus (Bava Metzia 13b). The Gemara (ibid. 15b) concludes that even if Achrayus was not written in the Shtar, the seller *is* obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus.
(c) In our Gemara, a person who gives a field as a gift wrote that is was "sold" to the recipient in order to obligate himself in Achrayus (RASHBAM).

11) [line 32] LO NICHA LEI L'SHAVYEI NAFSHEI "EVED LOVEH L'ISH MALVEH" - [a person may claim that he only borrowed money from his slave or his wife to get them to reveal the money that he suspects them of having stolen from him because] he is not comfortable with the idea that he is a debtor, since the verse states, "a borrower is a servant to the lender" (Mishlei 22:7)


12) [line 1] BERAM - however
13) [line 14] SHAVIK MAR RAVREVEI V'AVID K'ZUTREI?! - the Master has left aside the great ones (Rav) and ruled like the minor ones (Rebbi Elazar)

14) [line 20] MA'OS TEMUNIN - hidden money

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