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Bava Basra 95

BAVA BASRA 91-95 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) [line 1] "HEN CHASIR V'HEN YATIR" AMAR LEI - [in the case of the sale of a Beis Kor of land,] he said to him (the seller to the buyer), "Whether it is lacking or whether it has extra"

2a) [line 2] KEIVAN D'CHAZI LEI L'ITZTERUFEI B'SISH'AS KABIN - since it (each amount of land more than a Rova of a Kav per Se'ah in the Beis Kor) is fit to combine (with every other Rova-plus per Se'ah in the Beis Kor) to become an area of land equal to 9 Kavim (this is because in each Beis Kor there are 30 Se'ah, and thus there are 30 Rova-plus amounts of land. 30 Rovas equal 7.5 Kavim, and when each of those amounts are a little larger than a Rova, it equals [at least] 9 Kavim, - RABEINU GERSHOM)
b) [line 3] HAVYAH LAH AR'A CHASHIVTA B'APEI NAFSHAH, V'HADRA - it is a significant amount of land by itself, and it must be returned (the RASHASH says -- based on the Gemara later (end of 104a) -- that the words from "Keivan" until and including "b'Apei Nafshah" should be omitted, and that the Gemara is answering simply that since more than a Rova per Se'ah is a large amount, the party who was wronged does not forego that amount of land)

3) [line 4] ONA'AH
See Background to Bava Basra 90:7.

4) [line 5] PACHOS MI'SHESUS - [if the overpayment is] less than one sixth [then the sale is valid and binding]

5) [line 7] LIHADAR AD PACHOS MI'SHESUS - he should have to return only [part of the overpayment] until [the overpayment is] less than one sixth (and he should not have to return *all* of the extra overpayment)

6) [line 9] SHAVEH B'SHAVEH AMAR LEI - he said to him (the seller said to the buyer) that he is selling him [the object] at its value (and with no profit)

7) [line 9] PACHOS MI'SHESUS LO YEDI'AH (B'MANEH) - less than [an overpayment of] one sixth, the buyer is not aware of (that amount, and thus he foregoes it)

8) [line 12] HA'MEKABEL SADEH ME'CHAVERO LITA - one who receives a field from someone else to plant trees in it (in return for a wage)

9) [line 13] HAREI ZEH MEKABEL ALAV ESER BURIYOS L'ME'AH - the owner of the field must accept ten barren trees per every hundred

10) [line 14] MEGALGELIN ALAV ES HA'KOL - we require him to compensate for all [of the barren trees]

11a) [line 20] YAYIN SHE'KULO YAFEH - wine that is all good (with no bad barrels of wine included)
b) [line 21] YAYIN HA'NIMKAR B'CHANUS - wine that is sold in the marketplace (only bad, inferior wine is sold in the marketplace)

12) [line 23] CHOMETZ - vinegar
13) [line 27] KULA CHAD CHAMRA HU - [in the case of a person who buys one barrel of wine,] all [of the wine in the barrel] is one and the same wine (and thus it is not possible to require the buyer to accept a percentage of inferior wine)

14) [line 28] RAV ZEVID [B']D'VEI REBBI OSHAYAH - Rav Zevid, in the study hall of Rebbi Oshayah (YA'AVETZ)


15) [line 1] OTZAR - storehouse or cellar (in which barrels of wine are stored)

16) [line 3] L'MIKPAH - [the buyer specified that he wants the wine to use] for cooking (and since he will only use a little at a time, the wine must be able to last for a long time)

17) [line 23] GABEI CHAMRA D'AKRIM LAMAH LI?! - (O.F. aigre) for wine that has soured, why do I need [the important blessing of "ha'Gafen?" The blessing of "sheha'Kol" should suffice.]

18a) [line 23] PAS SHE'IPSHAH - bread that became moldy
b) [line 23] YAYIN SHE'HIKRIM - wine that became sour (see Background to Berachos 40:28)
c) [line 24] TAVSHIL SHE'AVRAH TZURASO - (O.F. torner) a cooked dish that turned sour

19) [line 25] PURTZEMA D'MIZDABEN A'KARNASA - bad wine that is sold at the crossroads of the city (where people are not concerned about the taste of the wine, and the quality of this wine is worse than that of the wine that is sold in the marketplace)

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