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Bava Metzia 7

1) [line 5] "YIHEYEH KODESH" - "[And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one] being consecrated [to HaSh-m.]" (Vayikra 27:32)

2) [line 9] ASARAH SEYIN - ten sheep
3) [line 11] HAVAH UVDA BEI RAV CHISDA, V'RAV CHISDA BEI RAV HUNA - a case [of a person who was Makdish (consecrated) something, the ownership of which was under dispute,] came before Rav Chisda, and he brought it to Rav Huna (lit. the Beis Midrash of Rav Chisda...the Beis Midrash of Rav Huna)

4) [line 12] PASHTAH - he answered it

5a) [line 16] GAZAL V'LO NISYA'ASHU HA'BE'ALIM - when one robs a person and the owner has not as yet given up hope of getting his object back

(a) Ye'ush means that the owner gives up hope of ever getting back his object from the thief, and verbally acknowledges that the loss is irretrievable ("Vai Li l'Chisaron Kis")
(b) A thief becomes liable for a stolen item (such that if it is destroyed, he must reimburse the owner) when he makes a Ma'aseh Kinyan on the item (a formal Halachically-binding act denoting a change in ownership). Similarly, when he makes a Ma'aseh Kinyan on the item, he acquires it to the extent that if the owner gives up hope ("Ye'ush") of ever getting it back, and the object becomes "changed" (Shinuy; see Background to Sukah 30a) from its original state, he need not return the object itself, but rather its value.

6a) [line 17] LEFI SHE'EINAH SHELO - since it is not his
b) [line 18] LEFI SHE'EINAH BI'RESHUSO - since it is not in his physical possession

7a) [line 19] MASUSA METALTELIN - (lit. a moveable bathhouse) a portable tub
b) [line 19] MASUSA MEKARKE'EI - a bathhouse

8) [line 21] RAV TACHLIFA BAR MA'ARAVA - Rav Tachlifa of the West, i.e. from Eretz Yisrael

9) [line 24] MECHAVI LEI REBBI AVAHU "UVI'SHEVU'AH" - Rebbi Avahu showed him (by pointing up at the sky), "and with a Shevu'ah," i.e. that they must take oaths before the apportionment, as in the Halachah of the Mishnah (Daf 2a)

10) [line 28] DI'TEFISEI B'CHARKASHTA - they are holding onto its fringes (O.F. fernjes? - fringes)

11) [line 29] SUDRA (KINYAN SUDAR)
(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 or 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 forms of Kinyan that may be used for the acquisition of land are:
1. Kesef, i.e. paying at least a Perutah's worth of money for the land;
2. Shtar, i.e. receiving a legal document containing the details of the sale;
3. Chazakah, i.e. performing an act that is normally performed only by an owner;
4. Chalipin (as mentioned above, b:5)
(d) The source for Kinyan Chalipin in the Torah is from the verse in Ruth 4:7-8, in which this Kinyan is used by Bo'az. Although Kinyan Chalipin may be accomplished through the barter of two equally-valued items, it is normally no more than a symbolic act in which an object of little value is given over in order to represent the acquisition of an object of value. For example, Chalipin may be accomplished by taking possession momentarily of a scarf or piece of cloth (Sudar) that belongs to the other party in order to make a Kinyan on another object that is being transferred. For this reason, Chalipin is also known as "Kinyan Sudar." (The other object is not simply handed over to the buyer to make the Kinyan with Meshichah either because it is not present or because it is too large or it is unfeasible to hand it over, for example in the case of the transfer of land.)
(e) The Gemara records a Machlokes among the Amora'im as to whether the Sudar used in the symbolic Kinyan is given by the buyer (in *exchange* for the object that is being acquired) or by the seller (*along with* the object that is being acquired). The Halachic ruling is that the buyer gives the Sudar, and in return he acquires the object that is being transferred (Bava Metzi'a 47b).

12) [line 29] SHALOSH AL SHALOSH - three Etzba'os by three Etzba'os (1 Etzba = approximately 1.9, 2.0 or 2.4 cm, depending upon the differing Halachic opinions)

13) [line 30] "V'NASAN L'RE'EHU" - "[Now this was the custom in former times in Yisrael concerning redeeming and concerning exchanging; to confirm a transaction a man took off his shoe,] and gave it to his neighbor; [and this was the manner of attesting in Yisrael.]" (Ruth 4:7)

14) [line 30] DECH'MAN D'FASIK DAMI - since it is considered to be detached

15) [line 32] GET B'YADAH (GET)
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (lit. "a document that cuts [the bond between them]") and hand it to her ("v'Nasan b'Yadah") in front of two witnesses. In the language of Chazal, this document of divorce is called a Get (pl. Gitin).
(b) The man does not need to give the Get to the woman himself; he may appoint a Shali'ach to bring the Get and hand it to her. When the man appoints a Shali'ach to bring the Get to his wife, this is called a "Shali'ach l'Holachah." The woman, too, may appoint a "Shali'ach l'Kabalah" to receive the Get from the man, or to receive the Get from the man's Shali'ach. When her Shali'ach l'Kabalah receives the Get, the woman becomes divorced as if she had received it herself. The woman may also appoint a "Shali'ach l'Hava'ah" to receive the Get from the man and to bring it to her (in which case, she is not divorced until the Shali'ach l'Hava'ah gives her the Get).
(c) A Get must contain the full names of the couple involved in the divorce, the places where they are to be found at the time of the writing (or where they live, or where they were born, according to some), and the date and place where the Get is written. If any of these items is missing or mistaken ("Shinah Shemo u'Shemah" -- Gitin 34b, Yevamos 91b), the Get is invalid.
(d) A Get must be written Lishmah (for the sake of the woman who is to be divorced), as is learned from the verse in the Torah, "v'Chasav *Lah* Sefer Kerisus" - "and he must write *for her* a bill of divorce" (Devarim 24:1). The scribe must therefore write at least: 1. the name of the wife; 2. the name of the husband; 3. the place; and 4. the words "Harei At Muteres l'Chol Adam" -- "You are hereby free to [marry] whomever you wish" -- with the intention that this Get will be used to divorce this specific woman (see RAMBAM Hilchos Gerushin 3:7).
(e) A Get may be written on any surface, including paper, parchment, potsherds, leaves that do not wither, the hand of a slave and the horn of a cow (RAMBAM Hilchos Gerushin 4:3).

16) [line 32] MESHICHAH - (O.F. linoel) linen thread, string
17) [line 33] L'NATKO - to snatch it away

18) [line 34] KERISUS BA'INAN
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife, he must write a Sefer Kerisus (a document that cuts [the bond between them]) and hand it to her in front of two witnesses. In the language of Chazal, this document of divorce is called a Get.
(b) Since the Torah calls the Get a "Sefer Kerisus," we are taught that the Get must completely sever the ties between the husband and his wife. If the husband introduces a retroactive condition into the Get, which cannot be completely fulfilled until the woman dies, the Get is invalid, since there will be no point at which the ties between the husband and his wife will be entirely severed in a practical manner, i.e. while she is still alive.
(c) Similarly, if the husband has not entirely handed over the Get to his wife, such as when he holds a string that is attached to the Get, and it is possible for him to snatch it away from her, they are not yet divorced.

19) [line 36] TALIS MUZHEVES - a gilded Talis
20) [line 36] D'KAI DAHAVA BEI MITZ'EI - the golden part is in the middle

Mid'Oraisa, a Shtar (contract) or Get which was written legally and signed by witnesses is considered absolute proof. The Chachamim, out of fear of forgeries, required that every Shtar be validated ("Kiyum") in one of the following manners:

  1. The witnesses themselves attest to the validity of their signatures.
  2. Other witnesses who recognize the signatures attest to their validity.
  3. The signatures are matched to those on a previously validated Shtar or Get.
22) [line 41] HAREI HU B'CHEZKASO - it retains its status of being a valid document

23) [line 42] V'GAVI LEI MALVEH KULEI?! - And does the creditor collect the full value [of the Shtar]?!

(a) When a debtor admits that he wrote a document of debt, but claims that the document is not valid for another reason (e.g. the debt has already been collected), the creditor must call upon the witnesses to verify their signatures. The reason for this Halachah is that as long as the signatures on the Shtar have not been validated, the debtor is believed with a "Migo;" had he wanted he could have claimed that the Shtar is a forgery (see Background to Kidushin 43:15:a-b). The Shtar must be validated to remove the debtor's Migo.
(b) Others argue, ruling that "Modeh bi'Shtar she'Kasvo *Ein* Tzarich l'Kaimo," that is, the debtor is not believed when he says that he paid since this is not a valid Migo. The debtor would be ashamed to claim that the Shtar is a forgery and that is why he preferred to claim that he paid the debt (TOSFOS to Kesuvos 19a; see other reasons there).

25) [line 45] CHASPA B'ALMA HU - it is merely a potsherd, i.e. it is valueless

26) [line 45] MAN KA MESHAVI LEI L'HAI SHTARA? - Who is the one who makes the Shtar (i.e. confirms its authenticity)?


27) [line 3] HENPEK - the legal endorsement of a Shtar, stating that it has been produced in Beis Din and found valid

28) [line 8] SHETAR KESUVAH - the Jewish marriage contract
(a) When a man marries a woman who was a Besulah (virgin) at the time of her Kidushin, he must write her a Kesuvah document in which he promises that she will receive 200 Zuz (the value of 960 grams of silver) from him or his estate if he divorces her or dies. The Tana'im argue whether this obligation is mid'Oraisa or mid'Rabanan (Kesuvos 10a). (See Insights to Kesuvos 10:1.)
(b) When a man marries a widow or a divorcee who had once been married in the past (i.e. she was a Nesu'ah and was not just an Arusah) he must write her a Kesuvah document in which he promises that she will receive 100 Zuz from him or his estate if he divorces her or dies. Even if the woman is still a virgin, the woman is classified as a "Be'ulah" with regard to the amount of her Kesuvah because she was once married and she is not given the Kesuvah of a Besulah (Kesuvos 11a). The obligation to write a Kesuvah for a widow or divorcee is only mid'Rabanan (Kesuvos 10b -- The Gemara there explains that the term for "widow," "Almanah," alludes to her Kesuvah of a "Manah," or 100 Zuz).

29) [line 11] ODAH TACHAS BA'ALAH - when she is still married to her husband
30) [line 12] NIS'ARMELAH - if she is widowed
31) [line 26] D'LAV BAS PEI'RA'ON HI - since its time has not yet come for it to be paid

32) [line 27] TZERAREI ATPESAH - the husband gave her bundles of money to be used for paying off her Kesuvah

33) [line 30] MACHLOKES - the apportionment [stated by Raban Shimon ben Gamliel, "Yachloku" -- Daf 7a, line 40]

34a) [line 31] TOFES - the standard text of a Get, as opposed to the *Toref*, the main part of the Get
b) [line 31] TOREF - the main part of the Get, which includes the names of the couple and their places of residence, the time and the words, "Harei At Muteres l'Chol Adam"

35) [line 41] V'CHI LATZUR AL PI TZELOCHISO HU TZARICH?! - (lit. Does he need it (the document) to tie around the mouth of his bottle (as a cap)?) since even the Toref without the Tofes is invalid (TOSFOS DH d'Is Bei), if so, they are both worthless; then why did Rebbi Elazar rule that one of them receives the Tofes and the other receives the Toref? What is the difference? (RASHASH)

36) [line 42] LI'DEMEI - for [their value in] money (which does not add up to the face value of the Shtar)

37) [line 44] GAVI MI'MESHA'ABDEI - he can collect [the sum of the debt owed to him] from Meshu'abadim, real estate with a lien on it, which has in turn been sold

38) [line 45] YAHIV LEI (HEI'ACH) [HA'ICH] D'VEINI BEINI - and the other one (the one who was holding onto and who receives the Tofes) gives him (the one who was holding onto and who receives the Toref) the difference [between the value of the Toref and the value of the Tofes]

39) [line 46] V'YACHLOKU NAMI D'AMRAN, LI'DEMEI - and the ruling of "Yachloku" also refers to its real value (and does not refer to the face value) (TOSFOS DH v'Yachloku)

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