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Bava Metzia 9

1) [line 1] B'MIDAH ZOS KANU - in this instance, they effect a Kinyan on the animals
2) [line 8] IY HACHI, LI'ARVINHU V'LISNINHU... - if so, the phrases should be combined and taught [as follows]...

3) [line 10] IKA CHAD TZAD D'LO KANI - there is one case that does not effect a Kinyan

4) [line 14] IKA BEINAIHU TZAD ECHAD (D'LO KANAH) [D'KANAH] - (this is the Girsa of the two Rome manuscripts and the Shitah Mekubetzes)

5) [line 29] BEIS PAGEHA - (O.F. chevecine) head-strap, bridle harness
6) [line 31] L'NATKAH UL'HAVI'AH ETZLO - to snatch it off [of the head of the donkey] and bring it to himself

7) [line 32] BERUSA HI - it is an "outside," rejected opinion
8) [line 45] ARNEKI - a change purse or money bag that contains money


9) [line 2] INISH ZILA - a lowly person

(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 what object one is acquiring, different Kinyanim are used.
(b) One of the forms of Kinyan that may be used for the acquisition of Metaltelin (mobile items) is Kinyan Chatzer. The Torah teaches that one's Chatzer can acquire for him an item that enters it, as Chazal derive from the verse, "Im Himatzei Timatzei b'Yado" - "If the theft be at all found in his hand" (Shemos 22:3; Bava Metzia 10b, Rashi to Bava Metzia 9b DH Mi Kani).
(c) The Amora'im argue whether a Chatzer is Koneh a Metzi'ah because it can be considered like the Sheli'ach of its owner, or whether it is considered like the Yad (hand) of its owner. If it is like a Shali'ach, the Chatzer of a Katan (minor) is not Koneh for him since a Katan cannot appoint a Shali'ach. If it is like a Yad, however, even the Chatzer of a Katan can be Koneh for him when he is standing alongside it or in it (since that is when it is like his hand). With regard to a Get, all agree that a Chatzer is Koneh for the woman because it is considered her Yad. Therefore, even a Ketanah can be divorced by placing the Get in her Chatzer if she is standing alongside it. Similarly, a woman may be divorced *against her will* by placing a Get into her Chatzer, if she is standing alongside it, even though a Shali'ach cannot divorce her against her will (see TOSFOS to Bava Metzia 10b DH v'Iy).
(d) Even the other possessions of a person (besides land) are considered like his Chatzer, and they are Koneh the items that are lying in them. However, if a person's objects are lying in the domain of others, the Amora'im argue as to whether they can be Koneh for him from the person who owns the domain (see Background to Kidushin 3:8:b:2). Living beings (such as a slave or an animal) that a person owns cannot acquire objects that are placed upon them for their owners through the Halachah of Chatzer, because a mobile Chatzer ("Chatzer Mehaleches") does not safeguard what is on it for the use of its owner in the way that a non-mobile Chatzer does (Rashi Bava Metzia 9b DH Mikni). (The fact that a Chatzer must provide a minimal amount of protection to what is in it is learned from the verse, see Rashi there, and Rosh to Gitin 7:5. A mobile Chatzer provides even less protection than a non-mobile Chatzer without a fence, and therefore it cannot even acquire a *purchase* for its owner, see following paragraph.) An animal or slave that is bound is viewed as a non-mobile object with regard to Kinyan Chatzer, as our Sugya explains.
(e) In order for a Chatzer to acquire a Metzi'ah, the Chatzer must be Mishtameres l'Da'ato, i.e. protected as a result of the owner's authority. If the Chatzer is not Mishtameres, it can be Koneh a Metzi'ah only if the owner is standing in or alongside it (Bava Metzi'a 11a). A Chatzer can be used to acquire an item that is being purchased, though, even if it is not Mishtameres and the owner is not alongside it. A Chatzer cannot be used to acquire a Get for a woman unless she is standing in or alongside it, even if it is Mishtameres (RASHI and many Rishonim to Bava Metzia 12a -- see Insights and Chart there).
(f) Some maintain that it is possible to acquire land through a Kinyan Chatzer as well (see Insights to Bava Kama 12:2:a:3).

(a) When a person acquires an object, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in ownership). See previous entry.
(b) The Kinyan of Chatzer works only when the Chatzer is a stationary domain. If the Chatzer is a moving domain ("Chatzer Mehaleches" -- lit. "a walking Chatzer"), then the Chatzer is not effective to make a Kinyan. Hence, an object placed on a person's animal cannot be acquired through Kinyan Chatzer (even though the animal is considered the person's domain), because the animal is a moving Chatzer.

12) [line 11] BI'KEFUSAH - when [the donkey is] bound [and can not move]
13a) [line 15] SEFINAH MEINACH NAICHA - the boat is at rest
b) [line 16] U'MAYA HU D'KA MAMTU LAH - but the water is moving it
14a) [line 18] CHEIKAH - the article of clothing that covers her chest or lap
b) [line 19] KALASAH - a woman's basket that holds spindles and linen and that can be worn on the head

15) [line 20] V'IHI D'KA MESAGYA TUSAH - and she is merely walking under it

16) [line 25] PE'AH
The corner, or end, of the harvest must be left in the field for the poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor...le'Ani vela'Ger Ta'azov Osam." - "Do not completely harvest the corner of your field...you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger" (Vayikra 19:9-10).

17) [line 29] MIGO D'IY BA'I MAFKAR NICHSEI V'HEVEI ANI V'CHAZI LEI - since it is possible for him to declare all of his possessions Hefker (ownerless) and he will therefore gain the status of a poor person and it (Pe'ah) will be fit for him [to eat]

18) [line 30] MIGO D'ZACHI L'NAFSHEI, ZACHI NAMI L'CHAVREI - since it is possible for him to acquire it for himself, it is also possible to acquire it for someone else

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