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Bava Metzia 11

BAVA METZIA 11-17 - This study material has been produced with the help of the Israeli ministry of religious affairs.

*1*) [line 4] B'KATAN KA MIFLEGEI - that is, the version of the argument between Reish Lakish and Rebbi Yochanan recorded in the Gemara earlier (Daf 10b) is incorrect. They do not argue with regard to the Kinyan of a Ketanah; rather, they argue with regard to the Kinyan of a Katan.

2) [line 8] TZEVI SHAVUR - a wounded deer
3) [line 8] GOZALOS SHE'LO PARCHU - baby birds that [can hop about but] cannot yet fly

*4*) [line 12] V'SIKNEI LEI SADEHU - that is, let the field acquire the objects in it even if he is not there.

5) [line 13] CHATZERO SHEL ADAM KONEH LO SHE'LO MI'DA'ATO - a person's domain (Chatzer) acquires for him possession of an object that lies in it even without his knowledge. (The Gemara concludes that this is only true if the Chatzer safeguards what is in it for its owner. If the Chatzer is not protected from outsiders, if cannot acquire for its owner an object of Hefker without the owner's knowledge. The Amora'im argue whether it can acquire a gift for its owner without his knowledge, see Daf 11b.)

6a) [line 14] CHATZER HA'MISHTAMERES - a domain (Chatzer) that is able to safeguard its contents and keep outsiders from taking them (see Background to Bava Metzia 9:10:e)
b) [line 15] CHATZER SH'EINAH MISHTAMERES - a domain (Chatzer) that is not able to safeguard its contents and keep outsiders from taking them (e.g. an enclosed garden or field)

7) [line 19] OMER - a bound sheaf of stalks of grain
8) [line 21] "V'SHACHACHTA OMER BA'SADEH" - "[When you cut down your harvest in your field,] and have forgotten a sheaf in the field, [you shall not go again to fetch it; it shall be for the stranger, for the orphan, and for the widow, that HaSh-m your G-d may bless you in all the work of your hands.]" (Devarim 24:19)

9) [line 23] V'NASIV LAH GEMARA - however, the Gemara infers [from the verse]

10a) [line 25] SHACHU'ACH ME'IKARO - while the owner is in the field, he forgot about collecting certain sheaves
b) [line 26] ZACHUR ULEVA'SOF SHACHU'ACH - the owner set aside certain sheaves which he intended that his workers collect. Next, his workers forgot to collect them (while he still remembered them), and he subsequently forgot about them, also

11) [line 30] MI'MAI? DILMA GEZEIRAS HA'KASUV HU - How do we know that this is so? Perhaps it is a Divine decree [that Shichechah only applies in the field and not when the owner is in a city] (RASHI, but see TOSFOS DH Dilma)

(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.
(c) A second tithe is given every year after Ma'aser Rishon has been separated. The tithe that is separated in the third and sixth years of the 7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth years is called *Ma'aser Sheni*. The Torah requires that Ma'aser Sheni be brought and eaten by its owner in Yerushalayim.
(e) Alternatively, Ma'aser Sheni produce may be redeemed, in which case the money used to redeem it is brought to Yerushalayim. If the owner himself redeems the produce, he must add an additional *fifth* (of the ensuing total, or a *quarter* of the original value). The food that is bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides the owner is exempt from the additional fifth.


13) [line 1] MEKOMO MUSKAR LO - and its place (i.e. the place on which the grain is resting) is [herein] rented to him

14) [line 3] V'CHI REBBI YEHOSHUA V'REBBI AKIVA B'TZAD SADEHU SHEL RABAN GAMLIEL HAYU OMDIN? - And were Rebbi Yehoshua and Rebbi Akiva standing alongside the field of Raban Gamliel, [parts of which now belonged to them]?

15) [line 5] DAMI HAI ME'RABANAN KED'LO GAMREI INSHEI SHEMA'ATA - this Chacham [is speaking] like people who have never learned before

(a) According to Torah law, certain modes of transferring ownership (Kinyanim) are effective only for land (Mekarka'in), while others are effective only for mobile objects in general (Metaltelin) or for specific mobile objects such as slaves. Kinyan Agav is effective for the transfer of mobile objects in general.
(b) A Kinyan "Agav Karka" is a "package deal" wherein when land is transferred through one of the modes of transferring land the recipient of the land automatically transfers mobile objects that the former owner of the land is selling as well. For example, if a person is interested in selling a parcel of land and also a cow, when the buyer pays for the land, thereby acquiring it through Kinyan Kesef, he immediately acquires the cow as well. This Kinyan is learned from the verse in Divrei ha'Yamim II 21:3.
(c) The Gemara concludes that in order to acquire an object through Kinyan Agav, the seller must specify that he wants the buyer to acquire the object along with the land (Kidushin 27a). For Kinyan Agav to take effect, the Gemara concludes (ibid.) that it is not necessary for the Metaltelin to be lying in the land that is transferring them ("Tzevurin").

17) [line 11] V'CHI LO HAYAH LAHEM SUDAR LIKNOS MIMENU B'CHALIPIN? - And did they not have a handkerchief or scarf to use for a Kinyan Sudar in order to acquire the grain through Chalipin (barter)? (KINYAN SUDAR)
(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 Chalipin (exchange or barter), i.e. taking another object to demonstrate one's consent for the Kinyan (or for an agreement).
(c) 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.)
(d) 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).

(a) The words "Tovas Hana'ah" denote the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights.
(b) A common example of this is selecting a particular individual to be the recipient of a gift that he is obligated to bestow to others. For example, Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of a Yisrael who separates Terumah or Ma'aser from his produce is the right to give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c) Another example is selling an object to which one will not have full rights until a later date, or to which one may never gain full rights. For example, a woman only receives a Kesuvah from her husband if the husband dies before her or divorces her. She may sell her rights to collect the Kesuvah for Tovas Hana'ah. Since the possibility exists the she will die before her husband and the purchaser will not receive the Kesuvah, the Tovas Hana'ah of the Kesuvah is worth much less than the Kesuvah itself.
(d) The Gemara discusses whether Tovas Hana'ah has monetary value or not (see Insights to Kidushin 58:1).

19) [line 16] NESINAH ALIMTA HI - is a stronger, more powerful act of giving
20) [line 20] V'HU SHE'RATZ ACHAREIHEN U'MAGI'AN - as long as he will catch up to them before they run out of the field

21) [line 21] KIBLAH MINEI REBBI ABA BAR KAHANA; AF AL PI SHE'RATZ ACHAREIHEN V'EIN MAGI'AN - Rebbi Aba bar Kahana accepted the suggestion of Rebbi Yirmeyah [to differentiate between how a Chatzer can acquire an object from Hefker and how it can acquire a gift]. He ruled a Chatzer can acquire [an animal that is given to its owner as] a gift even if the owner of the Chatzer is *not* able to catch up to the [animal given as a] gift before it runs out of the Chatzer.

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