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Bava Metzia 46

BAVA METZIA 46 (23 Teves) - l'Iluy Nishmas Nachum ben Shlomo Dovid Mosenkis, by his son, Sid Mosenkis of Queens, New York.

1) [line 3] LIKNI LEHU L'IDACH BI'MESHICHAH, U'FARIK - the owner of the fruits should cause his friend to acquire the coins using a Kinyan Meshichah (by pulling the bag of coins), and his friend can redeem them (the Ma'aser Sheni fruits)

2) [line 4] NOCHRI - a stranger; not the owner [of the Ma'aser Sheni fruits]
3) [line 5] NIKNU LEI MA'OS (L'HEI'ACH) [L'HA'ICH] AGAV SUDAR - the owner of the fruits should cause him (his friend) to acquire the coins using a Sudar (or anything that can be used as a Sudar -- see Background to Bava Metzia 45:8)

4) [line 6] LEIS LEI SUDAR - he has no scarf or piece of cloth or anything that can be used as a Sudar

(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").

6a) [line 8] ICHPAL TANA L'ASHMU'INAN...?! - Did the Tana trouble himself to teach us...?!
b) [line 9] GAVRA ARTILA'I - an unclothed man

7) [line 13] BEI CHOZA'EI - [with someone who lived in Bei Choza'ei, a district of Bavel on the caravan road, along the Tigris River and its canals

8) [line 13] AGAV ASIFA D'VEISEI - by means of (see above, entry #5) transferring to him ownership of (a) the threshold of his house; (b) a small corner at the end of his house

9) [line 14] KI ASA, NAFAK L'APEI AD TAVACH - when he (Rav Shmuel bar Acha) returned, he (Rav Papa) went out as far as Tavach to greet him

10a) [line 19] CHAMARAV - his donkey-drivers
b) [line 19] PO'ALAV - his workers

11) [line 20] TEN LI B'DINAR MA'OS - give me one silver Dinar's worth of copper coins

12) [line 21] AFARNESEM - and I will satisfy their needs (O.F. conreid) [of people expecting food

13) [line 21] YEFEI DINAR U'TRISIS - [coins worth] a full Dinar plus a coin worth three Isarin, or an extra one eighth of a Dinar

14) [line 25] PROTETOS - blank pieces of copper similar to Asimonim of silver (see Background to Bava Metzia 44:8a)

15) [line 26] D'LEIKA ALAIHU TIV'A - that do not have [the status of] currency
16) [line 28] DINAR YAFEH - a full Dinar
17) [line 31] KOL HA'NA'ASEH DAMIM B'ACHER - anything that is used as payment for another object, i.e. money, and specifically, coins

18) [line 32] KEIVAN SHE'ZACHAH ZEH, NISCHAYEV ZEH B'CHALIPIN - as soon as this one (the seller) obtains [it (the object used for Chalipin)], this one (the buyer) acquires the purchased item wherever it is, and is obligated to pay for it in full, even if it is damaged or lost from that point on (lit. is responsible for the item that he receives in exchange)


19) [line 1] KOL HA'NISHOM DAMIM B'ACHER - anything that is assessed as an equivalent for another object, i.e. a barter and not a sale for cash. This includes all Metaltelin (mobile goods) except for coins

20) [line 10] YESH DAMIM SHE'HEN K'CHALIPIN - there is an instance where the monetary value of an object can be used for trade just like a Sudar is used for the Kinyan Chalipin

21) [line 10] HECHELIF DEMEI SHOR B'FARAH - someone traded the monetary value of a bull for a cow (after he incurred the debt of the monetary value of the bull when he performed Meshichah on the bull)

22) [line 13] DEVAR TORAH, MA'OS KONOS - according to the Torah, paying for the purchase of Metaltelin effects a Kinyan (KINYAN KESEF)
(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 the object involved, different Kinyanim are used.
(b) Some Amora'im maintain that by Torah law, paying for the purchase of Metaltelin consummates a sale. The Torah source for this Kinyan is the verse (referring to the redemption of Hekdesh) that states "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19) (RASHI here DH Savar). Others specify the purchase of an Eved Ivri, a Jewish slave, as the source for this Kinyan: if it is possible to purchase a person himself with Kesef (Kidushin 22b, see Background to Bava Metzia 31:33a), one certainly may purchase his possessions with Kesef (RABEINU CHANANEL Daf 47b). A third opinion maintains that since Kesef is the most common method of purchase specified by the Torah (it effects Kidushin and is Koneh land and slaves), the unqualified word "Kinyan," which is used with regard to Metaltelin must also be referring to Kesef (RITVA here).
(c) Other Amora'im maintain that the Torah does not recognize payment as a form of Kinyan for Metaltelin. Even those who subscribe to the opinion that Kesef is Koneh mid'Oraisa, agree that the Rabanan normally invalidated Kinyan Kesef for the purchase of Metaltelin. Therefore, according to both opinions, in practice one must be Koneh Metaltelin with Meshichah (or Hagbahah, Mesirah or Chatzer) in order to consummate the sale (see Background to Bava Metzia 44:5c:c). In a sale in which currency is being paid for merchandise, the buyer's Meshichah (pulling to one's domain) of the *merchandise* consummates the sale. The seller's Meshichah of the *currency* that was paid for it does not. (When defining "merchandise" (or "Peiros") and "currency" (or "Tiv'a") in this regard, if two items, both of which are accepted as payment among merchants, are being exchanged, the item that is more readily accepted is considered currency and the other one is considered merchandise. The Gemara (Daf 44a) discusses whether the value of the material can also give it the status of currency.) The reason that the Rabanan invalidated Kinyan Kesef was due to a concern that after the seller receives his money, he will be negligent and not protect the purchased object - which is still in his domain - from fire or theft. The Rabanan therefore instituted that the seller can back out of the deal until the buyer takes the object he purchased home, or does Meshichah. In this manner, the seller will be sure to protect the object since it might yet become his (if either of them revokes the deal) (RASHI here).
(d) The practical difference between whether Kinyan Kesef is effective mid'Oraisa or not arises when unusual methods of purchase are used (for example, when an item is purchased by forgoing a loan -- see Insights). According to the opinion that Devar Torah Ma'os Konos, the Rabanan did not apply their Gezeirah in unusual circumstances, and in such cases Kesef can indeed effect a Kinyan.

23) [line 15] ALIYAH - the loft
24) [line 17] MESHICHAH MEFURESHES MIN HA'TORAH - the Kinyan of Meshichah is written explicitly in the Torah (see above, entry #22:c)

25a) [line 25] DINAR ANKA V'ANIGRA - the Bithniyan and the Ancyrean Dinars, one of which was invalidated by the central government; the other by the local authority
b) [line 25] ANKA - an abbreviation of Beis Onyaki, Bithniya, a district of Asia Minor
c) [line 25] ANIGRA - Ancyra, a city of Galatia in Asia Minor

26a) [line 25] PASALTO MALCHUS - the central government invalidated it
b) [line 26] PASALTO MEDINAH - the local government invalidated it
27) [line 27] LO SAGI KELAL - since it is not legal tender anywhere
28a) [line 31] B'TZIN'A - in private, seclusion
b) [line 31] B'FARHESYA - in public

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