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Previous daf Bava Kama 12
BAVA KAMA 12 - dedicated by Mr. and Mrs. D. Kornfeld in honor of the Bris of
their nephew, Yair Leb Mandelbrot.
1) [line 2] ISHTAMTIN ULA - Ula is avoiding me, lest I refute him
2) [line 3] NEHARDE'AH - a town in Babylon, seat of the Yeshiva founded by
3) [line 3] AGVU DAYANEI D'NEHARDA'AH - the court judges in Neharde'ah
collected Avadim from orphans
4) [line 4] PUMBEDISA - the location of a great Yeshiva in Bavel (lit. Mouth
of Bedisa, a canal of the Euphrates)
5) [line 6] MAGVINAN LECHU L'APADNAICHU - or I will confiscate your (a)
mansion; or (b) courtyard (both sources ARUCH) from you
6) [line 10] PRUZBUL - (A document allowing the collections of loans after
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.) Most Rishonim rule that the Shemitah year cancels
loans at the *end* of the year, on the last day of the month of Elul.
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
(c) Hillel the Elder saw that people stopped giving loans when the Shemitah
year was approaching out of fear that that they would not get their money
back because the debt would be annulled by the Shemitah year. By doing so,
they were transgressing an express command of the Torah *not* to refuse to
lend money prior to Shemitah (Devarim 15:9). Hillel therefore instituted the
"Pruzbul" (from the Greek "Pruz" = benefit; "Buli" = [for] the rich),
effectively creating a way to avoid having Shemitah annul one's debts, as
long as the borrower owns some land (Shevi'is 10:3,6).
(d) In a Pruzbul document, one files a contract with Beis Din, before the
end of the Shemitah year, stating that he is placing all debts owed to him
into the hands of the Beis Din to collect them for him (Shevi'is 10:4). By
doing this, the creditor will not transgress the prohibition of "Lo Yigos"
when he collects the loan after Shemitah, since he will not have to approach
the borrower to collect the loan; Beis Din will take care of the collection
and he will approach Beis Din. Beis Din, too, does not have to approach the
borrower to collect the loan, since Beis Din can simply collect it
themselves using their power of "Hefker Beis Din Hefker" (RASHI to Kesuvos
89a DH Pruzbul, to Gitin 32b DH Mosrani and to Bava Basra 27a DH Pruzbul). A
Pruzbul only allows a person to collect the loan after Shemitah if the
borrower has land. It is unusual for a person to lend money to a person
without land, and the Rabanan did not institute the use of Pruzbul for
unusual loans (RASHI to Gitin 37a DH Ela and to Bava Basra 27a DH Pruzbul).
Alternatively, Pruzbul permits a person to collect a loan after Shemitah
because the moment one allows Beis Din to collect his loans, it is as if
they are already collected, and in his possession, immediately (since
nothing can stop Beis Din from collecting the loan). This is also the reason
the borrower must own land in order for Pruzbul to permit the collection of
the loan. It is only if he has land that Beis Din can easily collect the
loan. If the borrower only has movable possessions, it is possible for him
to prevent Beis Din from collecting them by hiding them from Beis Din.
Therefore they are not considered to have entered the creditor's possession
until they are actually collected as payment. (RASHI to Bava Kama 12a DH
7) [line 11] METALTELIN NIKNIN IM HA'KARKA (KINYAN AGAV - the transfer of
ownership by means of [the transfer of land])
(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 (see next entry). 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 one automatically
transfers mobile objects 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 (Kidushin 26a) discusses whether the mobile object that one
transfers with Kinyan Agav must be located in the parcel of land that is
being transferred or not. This is known as "Tzevurin." The Gemara (ibid.
27a) concludes that it is not necessary for the mobile objects to be
8) [line 13] HECHEZIK (KINYAN CHAZAKAH)
(a) When a person buys an object, he must make a Ma'aseh Kinyan, a formal
Halachically-binding act denoting his acquisition of the object, in order
for the sale to be irrevocably binding. Depending on what object one is
acquiring, different Kinyanim are used, as follows.
(b) The forms of Kinyan that may be used for the acquisition of Metaltelin
(mobile items) are:
1. Hagbahah, i.e. lifting the item;
(c) The forms of Kinyan that may be used for the acquisition of land are:
2. Meshichah, i.e. pulling the item or causing it to move;
3. Mesirah, i.e. handing over the reigns of an animal or the tie lines of a
boat, or a bill of debt (Shtar Chov);
4. Chatzer, i.e. bringing the item into one's private domain;
5. Chalipin (exchange or barter), i.e. taking another object to demonstrate
one's consent for the Kinyan (or for an agreement).
6. Agav, i.e. acquiring the moveable object automatically upon the
acquisition of land.
1. Kesef, i.e. paying at least a Perutah's worth of money for the land;
(d) Examples of Chazakah for real estate 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).
2. Shtar, i.e. receiving a legal document containing the details of the
3. Chazakah, i.e. performing an act that is normally performed only by an
4. Chalipin (as mentioned above, b:5)
(e) A normal adult slave, although mobile, is compared to real estate with
regard to the type of Kinyan that is required for his purchase (Kidushin
22b, based on Vayikra 25:46). As such, a slave may be purchased with Kesef
(paying money), Shtar (handing over a contract) or Chazakah (having the
slave perform an act for his intended master that demonstrates their
impending relationship, with the intention of buying him).
(f) Examples of Chazakah for slaves are taking off his master's shoes,
following his master to the bathhouse carrying a change of clothing for him,
undressing his master, washing him, etc. (Kidushin ibid.).
9) [line 24] "[VA'YITEN LAHEM AVIHEM MATANOS RABOS L'CHESEF UL'ZAHAV
UL'MIGDANOS IM] AREI METZUROS BIYEHUDAH..." - "And their father gave them
many gifts of silver and gold and of precious things, with fortified cities
in Yehudah..." (Divrei ha'Yamim II 21:3)
10) [line 24] D'LO NAIDEI - that do not move
11a) [line 25] NECHASIM SHE'EIN LAHEM ACHRAYUS - mobile goods such as money
b) [line 26] NECHASIM SHE'YESH LAHEM ACHRAYUS - immobile goods such as land
12) [line 25] NECHASIM SHE'EIN LAHEM ACHRAYUS NIKNIN IM NECHASIM SHE'YESH
LAHEM ACHRAYUS B'CHESEF BI'SHTAR UV'CHAZAKAH
(a) When a person purchases Nechasim she'Yesh Lahem Achrayus (immobile goods
such as land) along with Nechasim she'Ein Lahem Achrayus (mobile goods such
as a flowerpot), as soon as he makes a Kinyan of Kesef (paying money), Shtar
(handing over a contract) or Chazakah (enhancing the land with the intention
of buying it) on the land, he concurrently buys the mobile goods, also
(Kidushin 26a and RASHI ibid.).
(b) The word Achrayus in this context means that people will trust a
borrower who owns land since they can expect to extract payment from the
land should the borrower not have the money to pay back his loan (RASHI
13) [line 32] B'ODAN ALAV - while they are upon the slave
14) [line 33] CHATZER MEHALECHES HI
(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
above, entry 8.
(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 slave cannot be acquired through
Kinyan Chatzer (even though the slave is considered the person's domain),
because the slave is a moving Chatzer.
15) [line 35] KAFUS - bound
16) [line 1] LO BE'INAN TZEVURIN - Kinyan Agav does not require that the
Metaltilin be on the land with which it is being acquired
17) [line 5] SADNA D'AR'A CHAD HU - the block of the earth is a single
18a) [line 8] KODSHIM KALIM / KODSHEI KODASHIM
(a) The term Kodshei Kodashim refers to the Korbenos Olah, Chatas and Asham
(and Menachos), which have a *greater* degree of sanctity. They may only be
slaughtered in the northern part of the Azarah and may only be eaten in the
Azarah by Kohanim.
(b) The term Kodshim Kalim refers to the Korbenos Shelamim, Todah, Ma'aser
Behemah, Pesach and Bechor, which have a *lesser* degree of sanctity. They
may be slaughtered in the entire Azarah (and not only in its northern part)
and may be eaten in the entire city of Yerushalayim by men or women.
b) [line 9] MAMON BE'ALIM HU
(a) As soon as a person dedicates any article of his property to Hekdesh, it
leaves his possession and enters the possession of Hekdesh. Therefore, the
person may no longer sell it or give it as a present as a normal owner
(b) However, Rebbi Yosi ha'Gelili rules that this law only applies to
Kodshei Kodashim (see Background to Pesachim 82:8b) and to Kodshei Bedek
ha'Bayis (objects that are dedicated to Hekdesh *not* as a sacrifice), which
are considered Mamon Gavo'ah (property of Heaven) as soon as they are
dedicated. Kodshim Kalim remain the property of their owner in all respects
until they are slaughtered, except for the fact that they must be offered on
the Mizbe'ach to fulfill his pledge. Therefore, according to Rebbi Yosi
ha'Gelili, a person may use Kodshim Kalim to betroth a woman; likewise, he
may sell them or give them as a present.
19a) [line 9] "U'MA'ALAH MA'AL BA'HASH-M" - "[If a person sins,] and commits
treachery against HaSh-m, [and lies to his neighbor about an object that was
delivered to him to guard, or about [money given to him as] a fellowship, or
about an object taken away by force, or he has defrauded his neighbor.]"
b) [line 10] L'RABOS KODSHIM KALIM (ASHAM GEZEILOS)
(a) When a person steals money from a fellow Jew (see previous entry),
swears in Beis Din that he holds no such money and later admits his sin, he
must return what he stole, pay a fine of Chomesh, and bring a Korban Asham
Vadai to receive atonement (Vayikra 5:20-26). The Korban Asham Gezeilos is a
ram that costs at least two Sela'im.
(b) Since the verse states, "v'Kichesh ba'Amiso," - "and [he] lies to his
neighbor" (ibid. 5:21), objects of Hekdesh are excluded from this Korban.
Rebbi Yosi ha'Gelili, however, learns from the words "u'Ma'alah Ma'al
ba'Hash-m" (ibid.) that Kodshim Kalim are considered the personal property
of their owner. As such, a person could betroth a woman with them, and
stealing Kodshim Kalim could lead to a Korban Asham Gezeilos.
20) [line 11] HA'MEKADESH B'CHELKO - a Kohen who betroths a woman with his
share of the Korbanos of the Beis ha'Mikdash
21) [line 16] MI'SHULCHAN GAVO'AH KA ZACHU - the Kohanim receive the portion
of the Korbanos from "HaSh-m's table"; they don't have any monetary rights
to it merely a Zechus to eat it
22) [line 17] BECHOR (BECHOR BEHEMAH TEHORAH)
(a) The Kedushah of Bechor rests on every first-born male of an ox, goat or
sheep when it comes out of its mother's womb. Nevertheless, there is a
Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim
15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban
during its first year. After its blood and Emurim (see Background to Yevamos
7:8 and 100:9) are offered on the Mizbe'ach, its meat is eaten in
Yerushalayim during the following two days and the intervening night. If the
animal has or develops a Mum, it must be slaughtered and eaten during its
first year. If it developed a Mum after the first year, it must be
slaughtered and eaten within thirty days. The Kohen can give it away or sell
it, even to a non-Kohen. However, it may not be sold in a meat market or
weighed in the usual manner.
(c) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor
until it develops a Mum. Alternatively, he can sell it, even if it has no
Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be
sold in a meat market in the usual manner, or bought in order to resell for
a profit (Sefer ha'Chinuch #393, #445). The Chachamim penalized a person who
intentionally inflicts a Mum in a Bechor, that the animal may never be
slaughtered (Bechoros 34a).