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Bava Basra 77

BAVA BASRA 76 & 77- sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for the Torah and for those who study it.

1) [line 3] GEMARA O SEVARA? - Did you learn this ruling from a teacher or did you deduce it from your own reasoning?

2) [line 4] MILEI - words, verbal obligations (a non-tangible entity)
3a) [line 6] ZECHU B'SADEH [ZU] LI'PELONI - acquire this field on behalf of so-and-so
b) [line 7] V'CHISVU LO ES HA'SHETAR - and write him a deed of sale


(a) According to Torah law, certain methods 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) Kinyan Agav is employed when a person purchases Nechasim she'Yesh Lahen Achrayus (immobile goods such as land) along with Nechasim she'Ein Lahen Achrayus (mobile goods such as a flowerpot). (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).) As soon as the person makes a Kinyan on the land through Kesef (paying money), Shtar (handing over a contract) or Chazakah (enhancing the land with the intention of buying it - see Background to Bava Basra 51:7:b), he concurrently buys the mobile goods, also (Kidushin 26a and RASHI ibid.). 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").

5) [line 5] AGAV SHA'ANI - Kinyan Agav (see previous entry) is different (and acquiring a mobile object Agav Karka is not comparable to acquiring a Star with a Shtar. This answers the question that started on line 5 of the previous Amud, "v'Lo? Veha'Amar Rabah bar Yitzchak Amar Rav...")

6) [line 6] MATBE'A, D'LO NIKNEI B'CHALIPIN - coins can be used to effect a Kinyan Chalipin (barter) (KINYAN SUDAR)
(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 Chalipin (exchange or barter), i.e. the barter of two equally-valued items. Another way that a Kinyan Chalipin can be accomplished is by taking a symbolic object to demonstrate one's consent for the barter (or for an agreement) (see Background to Bava Metzia 45:8, Kinyan Sudar).
(c) The Gemara (Bava Metzia 46a) teaches that coins cannot be used to accomplish a Kinyan Chalipin, since one who receives a coin "has in mind the impression that was stamped on the coin, and the impression will eventually be invalidated (when a new king comes to power and requires a new stamp, invalidating the old one)." The Rishonim dispute the exact interpretation of this phrase (see Insights to Bava Metzia 45:3). Similarly, coins cannot be acquired through Chalipin.

7) [line 8] BEI CHOZA'EI - a district of Bavel on the caravan road, along the Tigris River and its canals

8) [line 9] AGAV ASIFA D'VEISEI - by means of transferring to him ownership through a Kinyan Agav (see above, entry #4) using (a) the threshold of his house (RASHBAM); (b) according to the Girsa "*SEIFA* D'VEISEI" - a small corner at the end of his house (RASHI to Bava Kama 104b, 2nd explanation)

9) [line 10] KI 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

10) [line 13] ISKA DEV'GAVAH - the merchandise in it
11) [line 13] KARON - a wagon
12) [line 14] PERADOS - mules
13) [line 15] TZEMED - (lit. a pair) the yoke used to harness a pair of oxen to a plow. The Gemara states that some people use the word "Tzemed" to refer to the pair of oxen

14) [line 16] BAKAR - oxen, bulls
15) [line 17] HA'DAMIM MODI'IN - the amount of money [transferred] reveals [what the buyer's intentions were]

16) [line 20] RAV TACHLIFA BAR MA'ARAVA - Rav Tachlifa from Eretz Yisrael
17) [line 23] ISAMYEI? - Should I remove it [from my compilation of Beraisa'os]?

18) [line 23] TITARGEM MASNISICH B'ADUKIN BO - interpret your Beraisa as referring to when the mules were harnessed (lit. stuck) to the wagon

19) [line 26] TZIMDA - (this is the Aramaic word for Tzemed -- see above, entry #13)

20) [last line] BITUL MEKACH - an invalidation of the sale (ONA'AH: BITUL MEKACH)
(a) If a person makes a profit of one sixth of the total value on an item that he sells without the purchaser's knowledge, the transaction is valid, but the seller must return the profit to the purchaser. If the profit is less than one sixth, nothing is returned. If the profit is more than one sixth, the sale is invalid even if the profit is returned.
(b) With regard to sales of real estate, even if the profit is more than one sixth, the sale is valid and nothing is returned.

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