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Bechoros 13

BECHOROS 12-15 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

*********************GIRSA SECTION*********************
We recommend using the textual changes suggested by the Bach, the Tzon
Kodshim and the parenthetical marginal notes of the Vilna Shas. This section
is devoted to any *OTHER* changes that we feel ought to be made in the
Gemara and Rashi)

[1] Rashi 13a DH Ela Amar Rava:
The words "va'Afilu Hachi *k'Rebbi Nachman* Lo Matritzna v'Lo Kashya"
should be "*k'Rebbi Nachman* Lo Matritzna va'Afilu Hachi Lo Kashya" (-MK)

[2] Ibid:
The words "Lo Kashya" are the end of the Dibur
The word "Ha" is a new Dibur

[3] Gemara 13b [line 10 and onwards]:
The word "la'Kena'ani" in the entire Sugya was changed by the censor.
It should be "la'Akum."

(a) A destitute father, under certain circumstances, may sell his daughter into servitude to a Jewish master as long as she is a minor. The sale is for a period of six years or until she becomes a Gedolah (when two pubic hairs grow after she enters her 12th year) or until the Yovel year (the year after seven Shemitah cycles), whichever comes first. During this period she is called an "Amah ha'Ivriyah."
(b) The Torah gives to the master of a Jewish maidservant the option of marrying her by first being Mekadesh her through a procedure called "Yi'ud." The Kidushin takes effect through the money that he initially gave to her father when he purchased her, as described in Kidushin (19a).
(c) If the master does not want to Mekadesh her with "Yi'ud," the Torah allows his son to Mekadesh her with "Yi'ud" (Vayikra 21:9). If neither the master nor the son wants to marry her, no one else may marry her until she is released from servitude.

2) [line 12] MITZVAS HA'YIBUM
(a) If a married man dies childless and has brothers who survive him, his widow (or widows) may not remarry until one of the deceased husband's brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with the widow (or one of the widows), as it states in Devarim 25:5-10. Chazal learn from the verses that if there are a number of brothers, there is a preference for the oldest brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist, marital relations between a man and his brother's wife are prohibited and make them liable to the punishment of Kares.
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be accomplished only through Bi'ah and not through Kesef or Shtar (see Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that one should precede Yibum with an act similar to Kidushei Kesef or Shtar, which is known as Ma'amar (see Background to Kidushin 43:19). The Bi'ah must be performed with the intention of fulfilling the Mitzvah.

3) [line 16] MITZVAS HA'GE'ULAH - the Mitzvah to redeem an animal that one has consecrated to the Beis ha'Mikdash for its value, as stated in Vayikra 27:27


4) [line 29] DA'CHAVIVA LEI - it is dear to him
5) [line 33] B'DINEIHEM - the sale is judged according to the laws of acquisition that apply to Nochrim (like "k'Dineihim")

6) [line 37] B'DINEIHEM D'GUFEI - according to the laws that apply to the purchase of a Nochri slave

7) [line 39] L'ACHUZAH - inherited familial property


8) [line 4] DEVAR TORAH, MA'OS KONOS - according to the Torah, paying for the purchase of Metaltelin effects a Kinyan (KINYAN KESEF)
(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 the object involved, different Kinyanim are used.
(b) Some Amora'im maintain that by Torah law, paying for the purchase of Metaltelin consummates a sale. This is known as "Kinyan Kesef." The Torah source for this Kinyan is the verse (referring to the redemption of Hekdesh) that states "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19; RASHI to Bava Metzia 48a DH Savar). Others specify the purchase of an Eved Ivri, a Jewish slave, as the source for this Kinyan: if it is possible to purchase a person himself with Kesef (Kidushin 22b, see Background to Bava Metzia 31:33a), one certainly may purchase a person's possessions with Kesef (RABEINU CHANANEL to Bava Metzia 47b). A third opinion maintains that since Kesef is the most common method of purchase specified by the Torah (it effects Kidushin and is Koneh land and slaves), the unqualified word "Kinyan," which is used with regard to Metaltelin, must also be referring to Kesef (RITVA to Bava Metzia 48a).
(c) Other Amora'im maintain that the Torah does not recognize payment as a form of Kinyan for Metaltelin. Even those who subscribe to the first opinion, that Kesef is a form of Kinyan mid'Oraisa, agree that the Rabanan normally invalidated Kinyan Kesef for the purchase of Metaltelin. Therefore, according to both opinions, in practice even after one has paid for Metaltelin he must be Koneh them with Meshichah (see Background to Bava Metzia 44:5c:c; or withHagbahah or Mesirah or another form of Kinyan) in order to consummate the sale. Thus, in a sale in which currency is being paid for merchandise, the buyer's Meshichah (pulling towards his domain) of the *merchandise* consummates the sale. The seller's Meshichah of the *currency* that was paid for it does not.
(d) One practical difference between whether Kinyan Kesef is effective mid'Oraisa or not involves the Kinyan of a Nochri. The verse which discusses the Kinyan of Metaltelin ("Kanoh *mi'Yad* Amisecha" -- Vayikra 25:14) excludes a Nochri, who is not Amisecha, from that Kinyan. According to the opinion that Meshichah is Koneh mid'Oraisa for a Jew, a Nochri cannot be Koneh with Kinyan Meshichah but must be Koneh with Kesef. According to those who maintain the Kesef, and not Meshichah, is Koneh mid'Oraisa, a Nochri cannot be Koneh with Kinyan Kesef, but must be Koneh with Meshichah.

9) [line 7] MESHICHAH MEFURESHES MIN HA'TORAH - Meshichah (drawing an object to be acquired towards one's self) consummates a purchase by Torah law (MESHICHAH)
One of the forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) is Meshichah, i.e. pulling the item or causing it to move. Meshichah can accomplish a Kinyan only in a private or semi-private area (such as an alleyway), but not in Reshus ha'Rabim. It may be accomplished not only by *pulling* the object towards oneself, but even by causing it to come towards oneself, such as by calling an animal and causing it to come closer. Paying for an object (Kinyan Kesef), on the other hand, does not accomplish a Kinyan.

10) [line 9] ONA'AH
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.

11) [line 20] GRUTA'OS - broken pieces of silver

12) [line 31] K'AVODAS KOCHAVIM B'YAD YISRAEL - like an idol in the possession of a Jew, which cannot be nullified and from which one can never derive benefit (a Nochri, however, can nullify an idol in his possession)

13) [line 42] MAI "YACHZOR"? YACHZOR BI'DEVARIM! - what does "Yachzor" mean? That he can go back on his word and not make the purchase

14) [line 42] DEVARIM YESH BAHEM MISHUM MECHUSREI AMANAH - going back on one's word after agreeing to make a purchase shows a lack of trust and honesty
The Amora'im argue as to whether going back on one's word after a verbal agreement to make a purchase shows a lack of trust and honesty (even though the person is not liable by Jewish law to carry out a transaction based on a verbal agreement)

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