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Bava Basra 53

BAVA BASRA 52 & 53 - these Dafim have been dedicated anonymously l'Iluy Nishmas Tzirel Nechamah bas Tuvya Yehudah.

1a) [line 2] BA'I RAV, MATANAH HEI'ACH? - Rav raised the question: With regard to a gift, what is the Halachah (i.e. in a case where a person gives a piece of land as a gift and does not tell the recipient, "Lech, Chazek u'Keni," and the recipient makes a Kinyan Chazakah not in the presence of the giver)?
b) [line 2] AMAR SHMUEL, "MAI TIBA'I LEI L'ABA?" - Shmuel commented, "Why is Rav asking the question (i.e. why is this a difficulty for Rav)?"

2) [line 6] V'CHAMAH "KOL SHE'HU?" - and how much is "a little bit" [with regard to Na'al, Gadar u'Paratz from Daf 52b, line 29)?

3) [line 7] GADAR GEDER V'HISHLIMO L'ASARAH - he built up a wall [that was less that ten Tefachim high] and he finished it off to a height of ten Tefachim

4) [line 7] PARATZ PIRTZAH - he made a breach [in a wall]
5) [line 9] LO HAVU SALKEI LAH - [people] could not climb over it
6) [line 12] TUVA AVAD - he did a lot (and this would not be called a "Kol she'Hu")
7a) [line 13] RAVCHA - freely, easily
b) [line 14] DUCHKA - with difficulty
8) [line 20] TZEROR - a small stone, pebble
9) [line 20] HO'IL - and he accomplished something

10a) [line 21] SACHAR MAYA MINAH - he stopped a river from flooding the field
b) [line 22] APIK MAYA MINAH - he drained off the water from the field

11) [line 23] MAVRI'ACH ARI MI'NICHSEI CHAVEIRO HU - he is merely chasing away a lion, i.e. he (in this case, the person trying to make a Kinyan Chazakah on the field) is merely preventing a loss (by stopping the flood waters from coming in or draining off the flood waters), and one who prevents a loss cannot make a Chazakah on the field (since it is not considered an act that is done to *enhance* the land, such as digging to improve a field and the like -- MISHNAH Bava Basra 42a).

12a) [line 24] D'TZAMAD (LAH) [LEI] MAYA - he caused the field to be amply watered (lit. he coupled water to it)
b) [line 24] (V'ARVACH LAH) [D'PASACH LEI] MAYA - he opened up [a water channel] into the field

13) [line 25] METZAR - a boundary mound


14) [line 6] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

  1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
  2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
  3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOM TOV, end of Eduyos).
15) [line 8] AFSERA D'AR'A HU - it is the pull-rope of the land (O.F. chevestre - halter, a rope with a noose or head stall for leading horses or cattle)

16) [line 17] PALTERIN - a palace
17) [line 18] KAMA, LIVNEI B'ALMA HU D'APICH - the first one was merely turning over bricks (i.e. his actions had no legal effect)

18) [line 21] SAD BAHEN SIYUD ECHAD O KIYUR ECHAD - if he plastered one patch or drew one decoration on the wall

19) [line 24] V'ANHERINHU AININ MI'MASNISA - and "lit up our eyes," i.e. brought us a proof from a Mishnah

20) [line 24] HA'MATZI'A MATZA'OS - one who spreads out mats or matresses and sleeps on them

21) [line 26] KEITZAD B'CHAZAKAH (EVED KENA'ANI - a Nochri slave)
(a) A Jew may acquire a Nochri slave or maidservant (Eved Kena'ani or Shifchah Kena'anis) by purchasing them from their Jewish or Nochri master and making a Kinyan on the slave with either Kesef (paying money) or Shtar (receiving a contract) Chazakah (having the slave work for him) or Chalipin -- the same Kinyanim that are used in the purchase of real-estate (see Background to Bava Basra 52:25). In addition, an Eved Kena'ani can be acquired through Kinyan Meshichah, like moveable objects (see Background to Bava Metzia 44:5c). A Nochri can also be acquired as a slave by being captured (Gitin 38a). These Halachos, and the Halachos mentioned below, apply whether the slave is from the Kena'ani nation or from another nation. Nevertheless, the generic term used by the Mishnah and Gemara to refer to Nochri slaves is Eved "Kena'ani," since the Torah openly describes Kena'an as a slave (see Rashi to Kidushin 22b DH Sadeh). (For a further discussion of the Halachos of owning a Nochri slave, see Background to Bava Kama 87:7)
(b) Our Gemara brings the Beraisa that lists that Kinyanei Chazakah of a Nochri slave.

22a) [line 27] NA'AL LO MIN'ALO - he put on the master's shoe
b) [line 27] HITIR LO MIN'ALO - he took off the master's shoe
23) [line 28] HIFSHITO - he undressed the master
24) [line 29] SACHO - he smeared oil on the master
25) [line 29] GARDO - (O.F. grater) to scratch or scrape the skin of the master
26) [line 29] HIGBIHO - if the Eved lifted the master

(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.
(b) One of the forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) is Hagbahah, i.e. lifting the item. Hagbahah is a form of Kinyan in which the buyer (or recipient of a gift) lifts up the item. The act of Kinyan Hagbahah is effective wherever it is performed, even in the domain of the seller.

28) [last line] YIRMEYAH BIRA'AH - this is the full name of the sage, as opposed to his name and his city (compare RASHI to Gitin 34A DH Yirmeyah Bira'ah and to Megilah 4a DH Bira'ah)

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