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Eruvin 70

ERUVIN 70 - Dedicated by Gerald Ziering in honor the very special Rebbi that his son is currently learning with, Rabbi Elimelech Kornfeld (brother of Rabbi Mordecai Kornfeld).

1) [line 3] KENI, AL MENAS L'HAKNOS - acquire our Reshus, in order to transfer it
2) [line 24] MIDI IRYA?! HA KED'ISA V'HA KED'ISA - is this a proof?! This [case] is unique unto itself, and the other is unique unto itself.


3) [line 4] YORESH, KAR'EI D'AVUHA HU - (lit. a son who inherits is the foot of his father) an heir takes the place of his father

*4*) [line 17] CHUTZ MI'MEVATEL RESHUS - that is, the Gemara is inferring that an heir cannot be Mevatel Reshus since if he could, the Beraisa should have mentioned it specifically (RASHI). Alternatively, the Gemara is asking exactly the opposite question. Since the Beraisa says that "Mevatel Reshus" is permitted even though it could not have been done before Shabbos, it is implied that even an heir *can* be Mevatel Reshus, although he did not own the property before Shabbos, and the question is on the opinion of Shmuel who does not allow an heir to be Mevatel Reshus. (TOSFOS, based on RABEINU CHANANEL -- see Insights)

5) [last line] MEGURAH ACHAS - (a) a granary (RASHI, RABEINU CHANANEL); (b) a room (RABEINU CHANANEL)

6) [last line] U'MES GER
(a) When a Jew dies, his closest relatives inherit his estate (according to the hierarchy established by the Torah as recorded in Bamidbar 27:8-11). Since all of the Jews are related to each other (at least through Yakov Avinu and his sons), every Jew must have at least one heir. A convert, however, may have no heirs (since his non-Jewish relatives do not inherit his estate). When a convert dies without heirs, his estate becomes Hefker (ownerless). The first person who takes possession of his belongings becomes their owner.
(b) In order to take possession of the estate of a convert who dies without any heirs, one must make a Ma'aseh Kinyan (a formal Halachically-binding act of possession), as in all cases of taking possession of items that are Hefker. The forms of Ma'aseh Kinyan that may be used are: for Metaltelin (movable goods) - (1) Hagbahah, i.e. lifting an item; (2) Meshichah (lit. pulling), i.e. causing an item to move; (3) Chatzer, i.e. bringing the item into his domain; for Mekarka'in (real estate) - Chazakah, i.e. performing an act that is normally performed by an owner.
(c) Examples of Chazakah are Na'al (locking), Gadar (fencing in) and Paratz (making a breach in a fence to create an entrance) or any act that is done to *enhance* the land, such as digging to improve a field and the like (Mishnah Bava Basra 42a).

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