BACKGROUND TO THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
[169a - 28 lines; 169b - 33 lines]
1) [line 4] CHAZRAH MATANASO - the gift returns (it is invalidated)
2) [line 10] SHUF LI D'EIKUM BAH - leave me (and do not protest and remove me from the field) so that I will remain in it continuously
3) [line 10] V'HADAR TA TIRFAN - and then come and confiscate it
4) [line 10] U'MAPIK ACHARINA - and he will present the other [Shtar]
5) [line 12] D'KAR'ANEI LI'SHETARA - we tear up the Shtar
6) [line 14] TIRFA - a document of Beis Din conferring to the creditor the right of seizure of property that a debtor sold to others in order to collect a debt which was made with Achrayus. (Sometimes Tirfa refers to another type of document, see Background to Kesuvos 91:8a.)
7) [line 16] ADRACHTA - a document confirming that property has been expropriated due to a debt which included "Achrayus," and that the property was given to the bearer of the document towards the debt's payment. The property remains in the hands of the bearer of the document pending its evaluation by Beis Din to determine its exact value.
8) [line 17] SHUMA - a document attesting to the evaluation (as determined by Beis Din) of the expropriated property. This document gives the bearer decisive rights to the amount of property corresponding to the debt.
9) [line 19] D'KA'ASI MI'KO'ACH AVHASEI - [the case is] when he is coming based on the merit (lit. power) of his fathers. Instead of the creditor confiscating the land that the buyer is holding with the claim that is a lien for a loan of the person who sold him the land, the creditor claims (and has witnesses) that the land belonged to his father and was stolen by the person who sold it.
10) [line 23] NAFISHI ALEI BA'ALEI DININ - there will be too many plaintiffs against him [in too brief of a time, and the defendant or Beis Din will become suspicious] (RASHBAM)
11) [line 25] D'YIFKUN - that will be presented
12) [line 26] L'VAR MIN D'YIPOK B'ZIMNA DA - except for [the Shtar] that is presented with this particular date [written in it]
13) [line 1] B'ALMA KOSVIN SHOVER - in ordinary cases (of a creditor who lost his Shtar Chov), we write a receipt (for the creditor when the debtor pays back the loan)
14) [line 3] V'SHOVER GABEI LEKUCHOS LEIKA - and the receipt is not in the possession of the buyers (from whom the land was confiscated)
15) [line 5] D'AR'A HADREI - the land must be returned [to us]
16) [line 5] AD'HACHI V'HACHI SHAMIT V'ACHIL - in the meantime, he (the one who confiscated the land) will slip away and eat [the produce of the land, and it will be very difficult to extract compensation]
17) [line 7] D'ZUZEI MASIK - [in that case,] where he lent money
18) [line 7] PAISEI BA'AL CHOV B'ZUZEI - the debtor will appease him (the creditor) with money (and thus those who purchased land from the borrower will not let the creditor take their land from them without first going to the debtor to exact payment from him)
19) [line 9] B'ZUZEI LO MEFAYEIS - he will not be appeased with money (but only with the confiscation of land)
20) [line 11] SHTARA DENAN D'LO L'MIGVEI BEI - this Shtar is not for the purpose of collecting with it
21) [line 12] D'SIKUM - that it should remain
22) [line 14] ACHRAYUS TA'US SOFER
(a) "Achrayus" is a way of insuring the purchase of land or the repayment of a debt. A person who sells a field or gives it as a gift to someone else can guarantee the field by obligating himself in Achrayus. If it is determined afterwards that the seller of the giver of the gift did not have the right to sell or give the land (for example, if there was a lien on the property and it was claimed by a creditor as repayment for a loan), the assets of the seller or giver are made available to the buyer to collect the value of the property that was removed from his possession. If the field was purchased without Achrayus, the buyer has no legal claim against the seller, and he is not compensated at all for his loss (Bava Basra 44b).
(b) There is an argument among the Tana'im as to whether a seller automatically accepts upon himself Achrayus whenever he sells a property or obligates himself to pay someone (e.g. by writing a document of debt or a Kesuvah) with a Shtar (a legal document), even if it did not state in the Shtar that he accepts upon himself Achrayus for the sale. Rebbi Yehudah states that "Achrayus Ta'us Sofer"; the sale or debt does have Achrayus and the scribe simply forgot to include it in the Shtar. Rebbi Meir rules that we follow the plain reading of the Shtar, and therefore there is no Achrayus (Bava Metzia 13b). The Gemara (ibid. 15b) concludes that even if Achrayus was not written in the Shtar, the seller is obligated in Achrayus unless he made an explicit condition to be absolved of Achrayus.
23) [line 20] L'SAKUNI SHEDARTICH V'LO L'AVUSI - I sent you to benefit me and not to cause me a loss
24) [line 28] OSIYOS NIKNOS B'MESIRAH - a Shtar (document of debt) is acquired by handing it over ("Mesirah") to the buyer (or, if it is a gift, to the recipient) [and a deed of sale or a document recording the gift is not needed to transfer ownership]
25) [line 30] HA'BA LIDON - one who comes to be judged [and claims as his defense that he has as proof a Shtar and a Chazakah that the land belongs to him]
26) [line 31] UVE'CHAZAKAH - [one who comes to be judged and claims as his defense that he has as proof a Shtar] and a Chazakah, referring to (a) witnesses that he has occupied the land for three years and thus has a Chezkas Shalosh Shanim (see Background to Bava Basra 28:1) (RASHBAM); (b) witnesses that he made a proper Kinyan Chazakah (see Background to Bava Basra 100:3) on the field (RITVA)
Index to Background for Maseches Bava Basra