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Bava Basra 57

BAVA BASRA 57 & 58 - dedicated by an admirer of the work of the Dafyomi Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak Ozer) Turkel, A"H.

1) [line 6] LO NAFIK NAKI RIV'A D'MAMONA A'PUMA D'ACHEI - [in the case of our Mishnah,] three quarters (lit. less a quarter) of the money is *not* extracted on the basis of the testimony of brothers. (Rather, the three brothers testify to *half* of the Chezkas Shalosh Shanim, one for each of the years, and the non-relative testifies to the other half. In the case of our Gemara, we would be relying on the live witness totally to validate his own signature. Had his brother testified to validate the dead witness' signature along with another witness, three quarters of the testimony would have relied on the testimony of brothers.)

2a) [line 8] ELU DEVARIM SHE'YESH LAHEM CHAZAKAH - these are the things for which it is possible to obtain a Chezkas Shalosh Shanim when one continually uses them for three years and the person upon whose rights they would encroach does not protest (a sign that he sold his rights to the Machzik)
b) [line 8] V'ELU DEVARIM SHE'EIN LAHEM CHAZAKAH - and these are the things for which it is *not* possible to obtain a Chezkas Shalosh Shanim, even when one continually uses them for three years without any protest from anyone, since their uses do not constitute permanent use, and the owner upon whose rights they would have encroached can legitimately claim that he did not need to protest since the Machzik was not using them the way an owner normally would

3a) [line 10] TANUR - an oven [that is portable]
b) [line 10] REICHAYIM - a [hand-held] millstone or grindstone
c) [line 10] KIRAYIM - a stove [that is portable]
4) [line 11] NOSEN ZIVLO - one who dumps his animal manure
5) [line 16] NIR - [leaving a field fallow after] plowing


6) [line 1] HA'SHUTAFIN - partners
7) [line 1] HA'AMADAH KEDI - mere placement [without any semblance of permanence]

8a) [line 3] SHE'NADRU HANA'AH ZEH MI'ZEH - partners who made a vow that they may not derive any benefit from each other

b) [line 4] ASURIN LIKANES LE'CHATZER - are prohibited from entering their courtyard, [as long as they have not divided it between them] (MUDAR HANA'AH)
(a) If two partners share a courtyard and they make a vow that they may not derive benefit from one another, they must divide the courtyard before they are permitted to enter it. Even mundane activities such as standing a portable oven in the courtyard, which is not prohibited to a normal Mudar Hana'ah, constitute a violation of their vow.
(b) The size of the courtyard is relevant to this Halachah, as well as to a normal case of partners who wish to divide their courtyard. A partner can only force the other to divide the courtyard between them if each partner receives at least four square Amos after it is divided. Another requirement for the division is that each partner receives four square Amos in front of his doorway. If the courtyard is greater than four Amos in length, then the area that each one receives in front of his doorway must be four Amos by the length of the entire courtyard. (Bava Basra 1:6, SHULCHAN ARUCH Choshen Mishpat 171:3, 172:1)

9) [line 5] RECHAVAH SHEL ACHOREI VATIM - an enclosed area behind a house

10a) [line 9] GABEI MAMONA L'KULA - with regard to monetary matters (such as the Chazakah to which the Mishnah refers), we rule leniently (as in all matters when we have a doubt with regard to monetary matters, and all non-permanent uses are permitted, and as such, a Machzik cannot gain a Chezkas Shalosh Shanim)
b) [line 9] GABEI ISURA L'CHUMRA - with regard to matters of Isur v'Heter (such as the Mudarei Hana'ah of the Mishnah to Nedarim), we rule stringently (as in all matters when we have a doubt with regard to Isur v'Heter, and even entering their courtyard is prohibited)

11a) [line 12] AFILU VITUR ASUR B'MUDAR HANA'AH - even a case of "Vitur" is prohibited with regard to those who are prohibited to derive benefit from one another
b) [line 12] VITUR - (a) something that a person forgoes, e.g. a merchant's customary addition to an exact measure (MEFARESH and RAN to Nedarim 32b); (b) [the use of] things that a person would normally let another person use without asking permission (RASHI to Megilah 8a)

12) [line 15] "V'OTZEM EINAV ME'RE'OS B'RA" - "and shuts his eyes from seeing evil" (Yeshayah 33:15)

13a) [line 22] CHALUK - (O.F. chemise) an undershirt (RASHI to Shabbos 120a) or shirt worn under another garment
b) [line 23] TALIS - (O.F. mantel) cloak, mantel (a loose outer garment without sleeves that covers most of the body)

14a) [line 25] GEDIL - covered with a tablecloth
b) [line 25] GALA'I - uncovered

15) [line 26] TABATO - its ring [with which it is moved or hung] (this refers to a one-person table -- ARUCH)

16) [line 27] YENUKA - a child
17) [line 29] SHAM'A - attendant (waiter)

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