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Bava Kama 79

1) [line 1] HIKIF - he sold it on credit (and has not yet received payment)
2) [line 1] HECHLIF - he exchanged it for another item
3a) [line 2] PARA B'CHOVO - he payed his loan obligation with it
b) [line 2] PARA B'HEKEIFO - he payed his credit obligation with it

4) [line 3] SHALACH SAVLONOS B'VEIS CHAMIV - he sent it (the stolen animal) to the home of his father-in-law as Savlonos, the gifts that a man sends to his fiancee

5) [line 5] YESH SHALI'ACH LI'DEVAR AVEIRAH - in this case, a Shali'ach *can* be appointed to perform an Aveirah (such that the Aveirah will be attributed to the one who sent him and not to the Shali'ach who actually performs the Aveirah)

6) [line 12] GANAV BI'RESHUS HA'BE'ALIM - he stole it (the animal) while it was still standing in the domain of the owner (such that he did not actually acquire it at that point)

7) [line 17] HAYAH MOSHCHO (KINYAN MESHICHAH) - he was pulling it towards him, doing an act of Meshichah.
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used, as follows.
(b) The forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) are:

1. Hagbahah, i.e. lifting the item;
2. Meshichah, i.e. pulling the item or causing it to move;
3. Mesirah, i.e. handing over the reigns of an animal the tie lines of a boat or a bill of debt (Shtar Chov);
4. Chatzer, i.e. bringing the item into one's private domain;
5. Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
6. Agav, i.e. acquiring the moveable object automatically upon the acquisition of land.
(c) The Amora'im (Bava Metzia 47b) argue as to whether Kinyan Meshichah is recognized by the Torah, or whether it is a Rabbinic institution which was established in order to replace the Kinyan of Kesef (which *is* recognized by the Torah but which was invalidated by the Rabanan). According to those who maintain that Kinyan Meshichah is mid'Oraisa, its source in the Torah is from the verse "Kanoh *mi'Yad* Amisecha" (Vayikra 25:14), which implies that one may transfer property by *handing* it over to the buyer (Bava Metzia ibid.).
(d) Meshichah can only accomplish a Kinyan 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 one's self, but even by causing it to come towards one's self, such as by calling an animal and causing it to come closer.

8) [line 18] HIGBIHO (KINYAN HAGBAHAH) - he lifted it up in order to acquire it (see above, entry #7)

9) [line 19] NASNO LI'VECHEROS BENO - he gave it in place of the five Sela'im that he must give to the Kohen as the Pidyon ha'Ben for his son

10) [line 20] L'SHOMER CHINAM L'SHO'EL L'NOSEI SACHAR UL'SOCHER - he gave the animal to one of these types of Shomrim
(4 SHOMRIM - four types of watchmen mentioned in the Torah)
(a) SHOMER CHINAM - the Shomer Chinam is one who watches his friend's item for no reimbursement. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident).
(b) SHO'EL - the Sho'el, the borrower, is one who borrows an item from his friend and is obligated to take care of it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable accident). (He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage.)
(c) NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to watch an article. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident).
(d) SOCHER - the Socher, or renter, is one who pays money to rent an item from his friend. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident) (RASHI to Bava Kama 4b). (There is actually a Machlokes in Bava Metzia whether the Socher has the status of the Nosei Sachar, or the status of a Shomer Chinam).

11) [line 31] LEKUCHOS - buyers
12) [line 32] KARKA NIKNEIS B'CHESEF BI'SHETAR UV'CHAZAKAH - land is acquired through money, a contract, or through a Chazakah(KINYAN CHAZAKAH)
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the sale to be irrevocably binding. Depending on what object one is acquiring, different Kinyanim are used, as follows.
(b) Examples of Chazakah for real estate are Na'al (locking), Gadar (fencing in) and Paratz (making a breach in a fence to create an entrance) or any act that is done to *enhance* the land, such as digging to improve a field and the like (MISHNAH Bava Basra 42a).


13) [line 3] HITMIN B'CHORSHIN - he (the Ganav) hid in the forest (to steal an animal there)

14) [line 5] SHE'HIKISHAH B'MAKEL - he hit it with a stick
15) [line 6] KEIVAN D'KA MITAMRI MINAIHU - since he hid from them
16) [line 8] BENAYAHU BEN YEHOYADA - the head of the Sanhedrin, and the advisor of Shlomo ha'Melech

17) [line 9] "VA'YIGZOL ES HA'CHANIS..." - "And he stole the spear from the hand of the Mitzri, and he killed him with his spear." (Shmuel II 23:21)

18) [line 10] BA'ALEI SHECHEM - the people of Shechem. When Gid'on saved the Jewish people from the Midyanim, he refused the Jewish people's request of him to become king, saying that only HaSh-m is their King. In the merit of his saying that the Jews need no king other than HaSh-m, his son, Avimelech, became king for three years. However, Avimelech was a wicked person who took the kingship by force after his father's death by killing his brothers. One brother, Yosam, survived. Yosam was a righteous person who rebuked the Jewish people, particularly the people of Shechem who were wicked and joined Avimelech. Eventually, an internal conflict waged between the people of Shechem and Avimelech, in which Avimelech as well as many of the people of Shechem were killed.

19) [line 11] MA'ARVIM - ambushers
20) [line 16] NI'ARKU MINAIHU - flee from them
21) [line 20] AYIN SHEL MATAH - the eye of below (a euphemism for the eye of Above, the ability of HaSh-m to see all that happens)

22) [line 22] "HOY HA'MA'AMIKIM ME'HASH-M LASTIR ETZAH, V'HAYAH VE'MACH'SHACH MA'ASEIHEM..." - "Woe those who try to go deep, away from HaSh-m, to hide their counsel, and their deeds are done in the dark, [and they say, 'Who will see us and who will know us?']" (Yeshayah 29:15)

The Chachamim decreed not to raise Behemah Dakah in Eretz Yisrael because they enter people's fields and damage their property
b) [line 39] BEHEMAH DAKAH - small farm animals, such as sheep

24) [line 40] SURYA - Syria; areas from modern-day Syria that were conquered by David ha'Melech

25a) [line 41] KODSHIM - sanctified items (such as Korbanos)
b) [line 42] TAHAROS - items of Taharah (ritual purity), such as Terumah and the like

26) [line 45] SHALSHELES - a chain
27) [line 45] EIN PORSIN NISHOVIM L'YONIM - we may not spread nets for catching doves


  • 1 Parsah = 8000 Amos = 30 Ris = 4 Mil
  • 1 Mil = 2000 Amos = 7.5 Ris
  • 1 Ris = 266.66 Amos
  • 1 Amah = 2 Zerasos = 6 Tefachim
  • 1 Zeres = 3 Tefachim
  • 1 Tefach = 4 Etzba'os

  • 1 Ris = approximately 121.6, 128 or 153.6 meters, depending upon the differing Halachic opinions
29) [line 48] BA'MIDBAR SHEBI'SEFAR AKO - the desert near the border-town of Ako

30) [line 49] BEHEMAH GASAH - large domesticated animals such as cattle and donkeys

31) [line 52] U'VILVAD SHE'LO YASH'HEH ES HA'ACHARONAH SHELOSHIM YOM - as long as he does not keep the last one [that he bought] with him for thirty days

32) [line 52] DSD"A - D'SALKA DA'ATACH AMINA - you might have thought to say
33) [line 52] D'IY NAFAK LEI REGEL - that if the festival passes
34) [line 52] UMI'KI ZABNAH V'AD HASHTA, AKATI LO MALU LEI TELASIN YOMIN - and from the time that I bought it until now, thirty days still have not passed

35) [last line] LO NEIMA TELASIN MISHRA SHARI LEI LISH'HUYEI - do not say that it is permitted to keep it for thirty days

36) [last line] ELA KEIVAN D'NAFAK LEI REGEL, LO MIBA'I LEI LISH'HUYEI - but rather once the festival has passed, he should not have kept it at all

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