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Bava Kama 8

1) [line 5] TE'ASEH BEINONIS SHELO K'IDIS - the Beraisa wrote that in the case where the debtor had only Idis and Beinonis the lender would be entitled to the Beinonis, as is usually the case. However, if we hold "b'Shelo Hen Shamin" (the ruling of Rebbi Aba above, Daf 7b; see Background to Bava Kama 7:29), the Beinonis should revert to being termed "Idis," since it is the best land that he has

2) [line 5] V'YIDACHEH BA'AL CHOV ETZEL ZIBURIS - and the lender should be "pushed off" to the Ziburis, for lenders are not entitled to Idis

3) [line 6] KEGON SHE'HAYESAH LO IDIS U'MACHRAH - the Beraisa is referring to a case where at the time of the loan the debtor had Idis-quality land and the lender's lien was originally on the Beinonis. Therefore, even though it has since become the debtor's best-quality land ("Idis"), the lender does not lose his rights to it.

4) [line 8] MID'KETANI ACHARISI - [this can be proven from the fact] that another Beraisa has been written which states [a different ruling]

5) [line 13] IDI V'IDI, SHE'LO HAYESAH LO IDIS U'MACHRAH - both Beraisa'os refer to cases where the debtor *did not have Idis-quality land* at the time of the loan *that he sold*. In one case (the second Beraisa, where his Beinonis-quality land is on par with Idis-quality land based on the general value of properties in the entire area), he *did not sell* his Idis-quality land. In the other case, (the first Beraisa, where his Beinonis-quality land is not on par with Idis-quality land based on the general value of properties in the entire area), he *never had Idis-quality land* at the time of the loan (TOSFOS). (This statement is the suggestion of the Gemara to explain the different rulings of the Beraisa; it is not meant as an answer for Rebbi Aba's ruling. According to this suggestion, both Beraisa'os rule "b'Shel Olam Hen Shamin.")

6) [line 21] "BA'CHUTZ TA'AMOD; VEHA'ISH ASHER ATAH NOSHEH BO YOTZI ELECHA ES HA'AVOT HA'CHUTZAH." - "You shall stand outside; and the man to whom you have lent will bring to you the collateral outside." (Devarim 24:11)

7) [line 23] PACHUS SHEB'CHELIM - the utensils of least value (the cheapest utensils)

8) [line 28] KULAN NICHNESU TACHAS HA'BE'ALIM - the buyers take the place of the original owner, i.e the one who bought Idis pays the Nizak, etc.

9) [line 29] KULAN GOVIN MIN HA'ACHARON - when the sales were not at the same time all the creditors claim from the last buyer only, no matter which grade of property he bought


10) [line 2] B'YASMEI D'LAV BENEI PERA'ON NINHU - the Beraisa is referring to a case where the person who sold all three grades of land died, leaving orphans. Since he left them no other land, his orphans are not "Benei Pera'on," i.e. Beis Din does not collect from them debts that their father owed unless they inherited land from their father (Kesuvos 110a); the chattels of orphans are never collected for their father's debts

11) [line 2] V'SHI'ABUDA DILEI ALEI DIDEI RAMYA - the Shi'abud (subjugation, lien) rests entirely on the buyer, for even if he returned the sale of the Ziburis to the orphans, the creditor would not claim from the orphans, but rather from the buyer. Any land that is returned to them due to a business transaction of their father is considered to have been bought by them after their father's death, with no connection to his debts.

12) [line 5] NECHASIM MESHU'ABADIM - property with a lien on it, which has in turn been sold

13) [line 6] BENEI CHORIN - (lit. properties that are free) usually this means property that does not have a lien on it; in our Sugya this refers to property with a lien on it which has not been sold

14) [line 10] EINI NIZONES V'EINI OSAH - "I will not take my allowance and I will not hand over my earned income" (MEZONOS)
(a) As long as they are married, a husband must provide his wife with Mezonos (sustenance). According to some Tana'im, this obligation is mid'Oraisa and is learned from the verse "She'erah...Lo Yigra" (Shemos 21:10). Other Tana'im maintain that the obligation to provide one's wife with Mezonos is only mid'Rabanan. It is one of the Tena'ei Kesuvah (stipulations of the Jewish marriage contract) which are imposed by Beis Din upon every Jewish man and wife (Kesuvos 47b).
(b) According to those who maintain that Mezonos is a Rabbinic institution, the Rabanan established a pair of reciprocal institutions throughout the duration of a marriage: The husband must supply his wife with Mezonos, and the wife must give her husband any profits she receives from her handiwork. The Amora'im differ over what the main point of these institutions was. Was the main point of the Rabanan to benefit the husband, by giving him his wife's handiwork, and the Rabanan instituted that he must provide his wife with sustenance as compensation? Or is the opposite true: the main point of the Rabanan was to benefit the wife, by having the husband provide her with sustenance, and the Rabanan gave the husband his wife's handiwork as compensation (ibid. 58b).
(c) According to Rav Huna who quotes the opinion of Rav (Kesuvos 58b, and in our Sugya, Rav Huna himself), the latter is true: the main point of the Rabanan was to benefit the wife, by providing her with Mezonos. Therefore, he ruled that it is the wife's prerogative to forego her rights to Mezonos, and thereby exempt herself from the obligation to provide her husband with the profits of her handiwork. That is, she may forego the Rabbinic institution of Mezonos and keep her profits for herself.

15) [line 13] D'HA ACHARONAH HI - since the Idis field was the last land that he had bought, it is considered Benei Chorin in relation to those fields that he bought earlier. However, when he still has all of the land, he can pay with the Beinonis field, since he can forgo the rights of the Takanas Chachamim. The Halachah that one may not extract payment from Mishu'abadim when there are available Benei Chorin was enacted to protect the buyer. When he bought all of the land, and bought the Idis last, he stands to lose if he invokes this Takanas Chachamim; therefore, he forgoes his right. However, when he no longer has all of the land, for example, when he has resold it, the Halachah returns that the Ba'al Chov gets his payment from the last land that the debtor sold; in this case, the Idis.

16) [line 19] KOL ZECHUS SHE'TAVO L'YADO - any rights which the seller had, he passes on to the buyer. Since he himself would have been able to stop the Ba'al Chov from collecting the Idis, this right is passed on to the buyer.

17) [line 21] ZAVNEI - The correct Girsa appears to be *Zavan*

18) [line 39] B'ACHRAYUS
(a) "Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who gives or sells a field to someone else, or who signs a document of debt (this includes a Kesuvah) can guarantee the field or document by obligating himself in Achrayus. If it is determined afterwards that the seller did not have the right to sell the land (for example, if the land was stolen, or if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller are made available to the buyer to collect the value of the property that was removed from his possession. For example, if Reuven sold a field to Shimon with Achrayus, and Reuven's creditor demands and confiscates the field from Shimon, Shimon has the right to collect its value from Reuven (or from other people who bought land from Reuven after the time of Shimon's purchase). If the field was purchased without Achrayus, Shimon has no legal claim against Reuven whatsoever, and he is not compensated at all for his loss (Bava Basra 44b).
(b) There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property or obligates himself to pay someone (e.g. by writing a document of debt or a Kesuvah) with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah states that "Achrayus Ta'us Sofer;" the sale or debt *does* have Achrayus and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we follow the plain reading of the Shtar, and therefore there is no Achrayus (Bava Metzi'a 13b).
(c) The Gemara (ibid. 15b) concludes that even if Achrayus was not written in the Shtar, the seller *is* obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus. With regard to a person who gives a gift, since most people do not accept Achrayus upon themselves when they give a gift, the Gemara concludes that the benefactor is *not* obligated in Achrayus unless he made an explicit condition that he should be obligated.

19) [line 40] TARAF - took as payment
20) [line 41] MISHTA'I DINA BA'HADEI - (lit. to speak about the law with him) to go to court with him (the Ba'al Chov of Reuven)

21) [line 42] "LAV BA'AL DEVARIM DIDI AT" - "You are not my litigant"
22) [line 42] IY MAFKAS MINEI ALAI HADAR - that which you are taking away from him will fall back on me; i.e. I will have to repay him

23) [line 45] TAR'OMES - bad feelings, grumbling

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