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Bava Metzia 102

BAVA METZIA 101-105 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] GUVSA D'KANYA - a reed tube
2) [line 9] TOREI - bulls
3) [line 12] TOREI D'ASU ME'ALMA KAMU BAH - bulls that came from elsewhere came into it (this yard)

4) [line 14] 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 Bava Metzia 11b and Background to Bava Metzia 9:10.)

5) [line 15] METZI'OS - [ownerless] items that are found
6) [line 19] 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) (see Background to Bava Metzia 9:10:e)

7) [line 20] YATZA LO SHEM METZI'AH BA'IR - the word spread in his city that he found and acquired an item of value

8) [line 24] MIVDAL BEDILEI INSHEI MINAH - people will stay away from it (even though his Chatzer is Einah Mishtameres)

9) [line 26] HA'KOLET MIN HA'AVIR - one who collects from the air [before it lands on the ground]

10) [line 30] AVIR CHATZERO HU - it is the airspace of his Chatzer (which has the same Halachos as his Chatzer in terms of his acquiring ownerless items that enter it)

11) [line 31] SHULEI FARAH - the [rear] end of the cow
12) [line 32] AVIR SHE'EIN SOFO LANU'ACH LAV K'MUNACH DAMI - the airspace of a Chatzer is capable of acquiring for its owner (through Kinyan Chatzer, see Background to Bava Metzia 9:10) things that pass through it *without* eventually landing in it, just like the ground of a Chatzer is capable of acquiring what rests on it for its owner

13) [line 35] ZARAK ARNEKI B'FESACH ZEH, V'YATZASA B'FESACH ZEH, MAHU? - If a person who wanted to give his wallet away (see Insights to Bava Metzia 12a) threw the wallet through one door of a friend's Chatzer such that it flew over the entire Chatzer and exited through the door on the opposite side, without landing in the Chatzer, what is the Halachah? (Has the owner of the Chatzer acquired it?)

14a) [line 42] YONEI SHOVACH - doves that nest in dove-cotes
b) [line 42] YONEI ALIYAH - doves that nest in an attic

15) [line 43] SHILU'ACH (SHILU'ACH HA'KAN)
It is forbidden to take a mother bird that is sitting on her nest together with the eggs or baby birds; rather, one must first *send* the mother away as prescribed in Devarim (22:6).

(a) According to the Torah, a person who does not have intelligence cannot effect a Kinyan (a formal Halachically-binding act denoting his acquisition of an object). Therefore, a Cheresh (deaf mute), a Shoteh (see Background to Bava Metzia 80:14a) and a Katan (minor), who have no intelligence with regard to Halachic matters, cannot effect Kinyanim.
(b) Nevertheless, Chazal instituted a Kinyan mid'Rabanan for a Cheresh, Shoteh and Katan because of Darchei Shalom, i.e. to maintain social justice (Gitin 59b).

17) [line 44] "KI YIKAREI..." - "If a bird's nest chances to be [before you on the road, in any tree, or on the ground, whether they are young ones, or eggs, and the mother is sitting upon the young, or upon the eggs, you shall not take the mother with the young.]" (Devarim 22:6)

18) [line 45] PERAT LI'MEZUMAN - this excludes [the case of a bird's nest that is] available [to you, i.e. that is on your property and that you have acquired]

19a) [line 45] BEITZAH, BI'YETZI'AS RUBAH HU D'ICHAIVAH LAH B'SHILU'ACH - when the majority of the egg has exited the mother bird, one is already obligated in the Mitzvah of Shilu'ach ha'Kan

b) [line 46] U'MIKNA LO KANYA AD D'NAFLAH L'CHATZERO - but the owner of the Chatzer does not acquire it until it lands in his Chatzer

A Shanah Me'uberes (a leap year) is one in which an extra month is added. The only month that is ever added is Adar, such that in a Shanah Me'uberes there are two months of Adar. The reason for adding the extra month is in order to be certain that Pesach falls in the season of Aviv (spring), as it states in the verse, "Shamor Es Chodesh ha'Aviv, v'Asisa Pesach..." - "Observe the month of Aviv, and do the Pesach Sacrifice..." (Devarim 16:1). (For a further discussion of the topic of Shanah Me'uberes, see Background to Rosh Hashanah 7:2.)

21) [last line] TZIPORI - a city in the lower Galilee, approximately midway between Tiberias and Haifa

22) [last line] MERCHATZ - a bathhouse
23) [last line] BI'SHNEIM ASAR ZAHAV L'SHANAH MI'DINAR ZAHAV L'CHODESH - for 12 gold Dinerin for the year, which are one gold Dinar per month


(a) "Tefos Lashon Acharon" means, "The latter statement is the only one that we regard seriously." That is, if a person says two consecutive statements that have contradictory Halachic ramifications, we assume that he decided that the second statement should categorically revoke the first statement. Therefore, the second statement is valid and the first one is ignored.
(b) The term for the dissenting opinion is "Tefos Leshon Rishon," or "The first statement is the only one that we regard seriously." That is, if a person says two consecutive statements that have contradictory Halachic ramifications, yet he expresses no desire to rescind the first of the two, we assume that he decided to add the second statement only *after* having pronounced the first. Therefore, the first statement remains valid, and the second one is ignored.

25) [line 13] ISTIRA ME'AH MA'EI, ME'AH MA'EI - [if a person quotes a price of one] Istira, one hundred coins (= Perutos), [the Halachic ruling is that he must pay] one hundred coins (CURRENCY)
(a) Equivalents of coins and amounts used in the Gemara:

  • 1 Maneh = 25 Sela'im = 100 Dinerin [of Kesef, silver]
  • 1 Dinar Zahav = 25 Dinerin
  • 1 Sela = 2 Shekalin = 4 Dinerin
  • 1 Dinar = 6 Ma'in
  • 1/2 Dinar = Rova (1/4) Shekel = 1 Sela Medinah = 1 Istira = 96 Perutos
  • 1 Me'ah = 2 Pundeyonin
  • 1 Pundeyon = 2 Isarin
  • 1 Isar = 8 Perutos (but see Kidushin 12a)
(b) Another name for a Dinar of Kesef is a *Zuz*. All of the coins listed above are silver except for the Dinar Zahav, which is gold, and the Perutos, which are copper. (This is the ruling of most of the Rishonim. According to the ROSH to Bava Metzia 4:20, even the Pundeyonin and Isarin are copper.)
(c) There is a difference between the Sela Tzuri -- the Sela of Kesef Tzuri, the denominations of coins used in Tzor (above, (a)), and the Sela Medinah. The Sela Medinah is an eighth of a Sela Tzuri, or half a Zuz/Dinar, as there are four Zuz/Dinar in a Sela Tzuri. However, people called the Sela Medinah an Istira, which was a silver coin *equal* to a Sela Tzuri (see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 433-434).

26) [line 16] B'VA B'EMTZA CHODESH ASKINAN - we are dealing with a case where the Maskir came to claim the rent in the middle of the [leap] month

27a) [line 20] KOR BI'SHELOSHIM ANI MOCHER LECHA - I am selling you one Kor [of produce] for thirty [Sela'im]
b) [line 21] YACHOL LACHZOR BO AFILU BI'SE'AH ACHARONAH - he (either the buyer or the seller) may change his mind and revoke the sale even at the last Se'ah (i.e. even if the buyer has made a Kinyan on all of the produce except for the last Se'ah)


  • 1 Kor (= 1 Chomer) = 30 Se'in
  • 1 Lesech = 15 Se'in
  • 1 Eifah = 3 Se'in
  • 1 Se'ah = 6 Kabin
  • 1 Tarkav (= 3 Kabin) = 12 Lugin
  • 1 Kav = 4 Lugin
  • 1 Log (= 1 Rova) = 4 Revi'iyos = 6 Beitzim
  • 1 Beitzah = 2 k'Zeisim
  • 1 k'Zayis = approximately 0.025, 0.0288 or 0.05 liters, depending upon the differing Halachic opinions.
1 Kor = 216, 148.83 or 432 liters, depending upon the differing Halachic opinions
1 Se'ah = 7.2, 8.29, or 14.4 liters, depending upon the differing Halachic opinions
28a) [line 22] KOR BI'SHELOSHIM, SE'AH B'SELA ANI MOCHER LECHA - I am selling you one Kor [of produce] for thirty [Sela'im], [one] Se'ah per Sela
b) [line 23] RISHON RISHON KANAH - he buys them one by one, i.e. as the buyer does a Kinyan on each Se'ah, the sale of that Se'ah becomes irrevocable

29) [line 23] MISHUM D'TAFIS - since he has made a Kinyan on them (lit. seized)

30) [line 25] KARKA B'CHEZKAS BE'ALEHA KAYEMES - real estate (lit. land) is in the possession of its owner, i.e. even if the Maskir claims the rent for the thirteenth month at the end of the month, the Socher must pay him

(a) The Torah requires that every Yisrael sanctify the firstborn male of his children, Kosher animals and donkeys, as it is written, "Kadesh Li Chol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." - "Sanctify to Me every first-born that initiates the womb among the children of Yisrael, among both man and beast; it is Mine." (Shemos 13:2)
(b) The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or a Levi. The first male born to a *mother* (who is the daughter of a Yisrael) must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh."
(c) The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams; see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e. he was not preceded by a Nefel -- stillborn) and was delivered through the womb (i.e. he was not delivered by Caesarian section). (Sefer ha'Chinuch #392)

32) [line 33] B'YOMA D'MISHLAM ZIMNEI - on the day that his time is complete, i.e. on the day that the rental is finished

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