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GITIN 58
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[a - 52 lines; b - 37 lines]


1) [line 1] KETZUTZEI TEFILIN - Tefilin boxes (the part that contains the parchment)
2) [line 2] KUPOS SHEL ARBA'IM ARBA'IM SE'AH - containers holding forty Se'ah each
3a) [line 5] HA D'REISHA - this [that Rebbi Yanai b'Rebbi Yishmael and the Beraisa maintained that there were 120 Se'ah of Tefilin] refers to head Tefilin [which are larger since they have four compartments for parchment]
  b) [line 5] HA D'DAR'A - this [that Rabah bar bar Chanah in the name of Rebbi Yochanan said that there were 40 Se'ah of Tefilin] refers to arm Tefilin [which are smaller since they have only one compartment for parchment]. See also Insights to Sotah 44:3.
4) [line 6] KABIN - see Background to 57:151
5) [line 6] MO'ACH - brain matter [of infants]
6) [line 6] NIMTZE'U AL EVEN ACHAS - were found on one stone [at the time of the destruction of the first Beis ha'Mikdash]
7) [line 8] BAS BAVEL HA'SHEDUDAH, ASHREI SHE'YESHALEM LACH ES GEMULECH SHE'GAMALT LANU. ASHREI SHE'YOCHEZ V'NIPETZ ES OLALAYICH EL HA'SALA." - "O desolate daughter of Babylon, praiseworthy is he who will inflict upon you that which you visited upon us. Praiseworthy is he who will grab and dash your infants against the rock" (Tehilim 137:8-9). This verse describes the ultimate downfall of Bavel, who were the messengers of the destruction of the first Beis ha'Mikdash.
8) [line 10] "BNEI TZIYON HA'YEKARIM, HA'MESULA'IM BA'PAZ -- EICHAH NECHSHEVU L'NIVLEI CHERES, MA'ASEH YEDEI YOTZER." - "The precious children of Zion who are comparable to fine gold -- how were they considered as earthenware pitchers, the handiwork of a potter?" (Eichah 4:2).
9) [line 12] HAVU MECHAPEI B'FIZA - they were covered in [jewelry fashioned from] fine gold (interpreting the word "Mesula'im" as "covered")
10) [line 13] TARTEI MASKELEI ISTIREI PIZA NACHOS B'ALMA - the equivalent of the weight of two Istira coins (equal to a Sela Medinah, 1/8 of a Sela Tzuri) worth of fine gold came down to the world
11) [line 14] HAYU MEGANIN ES HA'PAZ B'YOFYAN - they shamed fine gold with their beauty
12) [line 16] HAVU NAKTEI BELAYUNA D'GUSHPANKA U'MESHAMSHEI ARSAIHU - they would hold [beautifully engraved] forms on signet rings while having marital relations [in the belief that this would result in beautiful children]
13) [line 17] MAISU - they brought
14) [line 17] ASREI B'CHAR'EI D'PURAIHU - they tied them to the legs of their beds
15) [line 18] CHAD L'CHAVREI - one [young boy in such an unfortunate situation] to his friend
16) [line 18] HA HEICHA KESIVA? - where is this [terrible misfortune] written [in the Torah?]
17) [line 19] KAMAH MARCHIKNA MI'DUCHTA PLAN? - how far am I [in my learning] from [reaching] that place (i.e., verse)?
18) [line 20] INGAD; PUSTA U'FALGA - a bit; a page and a half
19) [line 20] IY MATA'I L'GABEI, LO ITZTRICHI LACH - had I reached it, I would not have needed you
20) [line 22] "EINI OLELAH L'NAFSHI MI'KOL BENOS IRI. - "My eye has brought my soul grief due to all the residents of my city" (Eichah 3:51).
21) [line 25] HAYU DOKRIN (OSAN) [OSO] B'CHUTREIHEN - they stabbed [the invading Roman legionnaires] with their sticks
22) [line 25] KERACHUM B'SIFREIHEM V'HITZISUM B'ESH - they wrapped them in their scrolls and lit them on fire
23) [line 27] BEIS HA'ASURIM - prison
24a) [line 27] YEFEI EINAYIM - [with] beautiful eyes
    b) [line 27] TOV RO'I - a handsome appearance
    c) [line 27] KEVUTZOSAV SEDUROS LO TALTALIM - the locks of his hair fall in curls
25) [line 28] "MI NASAN LI'MSHISAH YAKOV, V'YISRAEL L'VOZEZIM; HALO HASH-M? ZU CHATANU LO, V'LO AVU VI'DRACHAV HALOCH, V'LO SHAM'U B'SORASO." - "Who delivered Yakov to be trampled, and Yisrael to plunderers; was it not Hash-m? [It was] this [that caused it:] we sinned against Him, and they did not desire to go in His ways, and they did not listen to His Torah" (Yeshayah 42:24).
26) [line 30] MUVTECHANI BO SHE'MOREH HORA'AH B'YISRAEL - I am certain that he will become a teacher of Halachah in Yisrael
27) [line 30] HA'AVODAH! - [I hereby swear by] the service [of the Beis ha'Mikdash]!
28) [line 30] ZAZ - move
29) [line 30] AD SHE'EFDENU - until I redeem him
30) [line 33] ADONIM - [Roman] masters
31) [line 33] L'YAMIM - after a time
32) [line 33] NIZDAVGU SHENEIHEM - the two of [the masters] met
33) [line 34] VELADOS - offspring
34) [line 35] KEREN ZAVIS ZEH - this corner
35) [line 36] ALAH AMUD HA'SHACHAR - dawn broke
36) [line 37] GA'U BI'VCHIYAH - they burst into tears
37) [line 37] KONEN - wailed mournfully
38) [line 38] TZOFIN - gazed
39) [line 38] SHIMESH LIFNAI VELI'FNIM - performed the service [of Yom ha'Kipurim (see Background to Yoma 44:2)] in the Kodesh ha'Kodashim (the inner sanctum housing the Aron - Holy Ark). This is implied by "Peni" (inside) "El" (G-d['s house]).
40) [line 39] NIS'ALEL BAH SHABA'I - her captor abused her
41) [line 39] CHALUKIM - cloaks

42) [line 40] MECHU'AR - ugly
43) [line 40] REIKA! - empty one!
44) [line 41] AF AL PI KEN - even so [I wish to see her beauty]
45) [line 41] HIFSHITAH - he divested her
46) [line 41] (KAR'ASAH) [KAR'ASO] - (she) [he] ripped it
47) [line 41] NISPALSHAH BA'EFER - she rolled in the dust
48) [line 42] LO CHASTA - You have not had mercy
49) [line 42] "BAS AMI, CHIGRI SAK V'HISPALSHI VA'EFER; EVEL YACHID ASI LACH MISPED TAMRURIM, KI FIS'OM YAVO HA'SHODED ALEINU." - "Daughter of my people, gird yourself with sackcloth and roll in the dust; mourn as for an only child and make for yourself a most bitter lamentation, for suddenly shall the plunderer come upon us" (Yirmeyahu 6:26).
50) [line 44] KIV'YACHOL - as if it were possible [to say such a thing regarding Hash-m] (RASHI to Megilah 21a)
51) [line 44] "[V'CHAMDU SADOS V'GAZALU, U'VATIM V'NASA'U;] V'ASHKU GEVER U'VEISO, V'ISH V'NACHALASO." - "[And they covet fields and steal them, and houses and they take them;] and they oppress a man and his household, and a person and his portion" (Michah 2:2).
52) [line 45] SHULYA D'NAGAREI HAVAH - he was an apprentice to a carpenter
53) [line 45] LILVOS - to borrow [money]
54) [line 45] SHAGER - send
55) [line 46] ALVENAH - and I will lend her [the money]
56) [line 46] SHAHAH IMAH SHELOSHAH YAMIM - he spent three days with her
57) [line 46] KADAM - [her husband] got up early [on the third day]
58) [line 47] ANI PETARTIHA L'ALTAR - I sent her off immediately
59) [line 49] HIGI'A ZEMANO - the time [to repay the loan] arrived
60) [line 49] L'FOR'O - to repay him
61) [line 49] ASEH IMI - work for me
62) [line 50] HAYU DEMA'OS NOSHROS ME'EINAV - tears were falling from his eyes
63) [line 51] NISCHATEM - was sealed
64) [line 51] SHTEI PESILOS B'NER ECHAD - two wicks in one lamp; this is parable referring to the fact that two men -- her husband and the adulterer -- shared one woman. According to this version, it was immorality, as opposed to oppression, that sealed the fate of Klal Yisrael.
65) [line 51] LO SHANU - we did not learn [that the land purchase of one who first went to the Sikrikon and then to the original owners is void according to the Mishnah Rishonah]

66) [last line] LECH CHAZEK U'KENI (KINYAN CHAZAKAH - Acquisition through a Show of Ownership)
(a) In order to purchase land, one must make a Ma'aseh Kinyan (an action that effects the transfer of an object into one's possession). One way of doing so is to perform a Kinyan Chazakah.
(b) An act of Chazakah is any action normally performed by the owner of a field. Examples include Na'al (locking the door or gate into the property), Gadar (fencing in), Paratz (breaching a fence to create an entrance), and any act done to enhance the value of the land, such as digging in a way that improves it (MISHNAH Bava Basra 42a).
(c) Our Gemara teaches that if the original owner agrees to the purchase of his land by telling the purchaser to "Go, perform an act of Chazakah, and acquire it", then he retains the right to reclaim it in court afterward.

67) [last line] ACHRAYUS - Insurance of a Sale or Debt
(a) "Achrayus" refers to a way of insuring the purchase of land or the repayment of a debt. If Achrayus is offered, then if the land must be returned (due to that which it was stolen or had had a previous lien upon it, for example) or if the borrower lacks money to repay his dept, the purchaser or lender has the right to collect all (other) land that had been in the possession of the seller or borrower at the time that the bill of sale or debt was written. In such a case the property of the seller or borrower is "Meshubad" to the purchaser or lender from the time that the document was written. If the document does not offer Achrayus, then the purchaser or lender loses his investment (Bava Basra 44b).


58b----------------------------------------58b


68) [line 5] MAI ACHRAYUS NAMI SHTAR - "Achrayus" in this context refers to the document [itself, since according to the opinion of Rav the very fact that the original owner wrote a Shtar insures the purchase from the Sikrikon]

69) [line 6] ACHLAH SHALOSH SHANIM BIFNEI BE'ALIM (CHEZKAS SHALOSH SHANIM - One who Acted as Owner of Land for Three Years in Front of the Previous Owner)
(a) One who has acted as owner of a home or parcel of land for three years when the previous owner was aware of his actions need not provide a document as proof of purchase. He may claim that he was not careful to guard his documented proof after such an interval. This is called a Chezkas Shalosh Shanim. If the original owner voiced a Macha'ah (protest) at any point during the three-year period, then the Chazakah is invalid.
(b) A Chezkas Shalosh Shanim is effective only if one claims to have purchased (or otherwise hold claim to) the land in question. The three-year period itself does not serve as proof that he must own the land.

70) [line 9] MINACH ZAVNAH - [the previous owner] purchased it from you
71) [line 12] KEGON ZEH - in such a case [of one who buys a field that had been purchased from Sikrikon]
72) [line 12] TO'ANIN L'YORESH V'TO'ANIN L'LOKE'ACH - [Beis Din] claims on behalf of an heir and on behalf of a purchaser [that his father or the middleman who is not available bought it from the Sikrikon]. Whether or not Beis Din will make this claim on their behalf in a case that does not involve a Sikrikon is the subject of a Machlokes Amora'im (Bava Basra 41b).
73) [line 13] IDACH - lit. the other one; he who purchased the land from the Sikrikon
74) [line 14] HA'BA MACHMAS CHOV - [a Nochri] who comes [to take the land of a Jew] as repayment for a debt
75) [line 14] ANPAROS - thievery [with no threat of violence]
76) [line 14] EIN BO MISHUM SIKRIKON - the Halachah of Sikrikon does not apply. The reason that the original owner is considered to retain a stake in his field even after the Sikrikon took it is that we assume that he never truly wished to give it up -- he merely did want was necessary to save his life and plans on recovering his field when he is able (see 55b). If the field was taken legitimately, or there was no threat of violence preventing immediate legal action, then we may assume that he has forfeited the land -- as the Gemara will soon explain.
77) [line 15] TZERICHAH SHE'TISH'HA SHENEIM ASAR CHODESH - [a prospective buyer] must wait twelve months [before purchasing it in order to avoid the claim of the original owner]
78) [line 18] NAKTINAN - we have a tradition
79) [line 20] EIN DIN ANPARUS B'VAVEL - (at this point the Gemara understands this to mean) there are no Nochrim who steal land in Bavel
80) [line 20] BEI DAVAR - courthouses
81) [line 21] KAVIL - complain
82) [line 21] ACHULEI ACHIL - he has ceded [the land to the thief]
83) [line 22] KABIL AR'A B'TASKA - received [the right to work] land through [paying] the property tax [upon it]
84) [line 22] MI'VNEI BAGA - from residents of a valley [who were not in the area and did not pay their taxes]
85) [line 23] ZUZEI D'TELAS SHENIN - money [to cover the taxes] of [the next] three years
86) [line 24] MARVASA KAMAI - the original owner
87) [line 24] SHASA KAMAISA D'YAHAVT, ACHALT - you have consumed [the profits for] the first year that you paid for
88) [line 25] ANAN YAHAVINAN - we will pay [the tax, since it must be paid when the land switches owners even when the previous owner has already paid in advance]
89) [line 27] TIRFA - a document issued by Beis Din conferring the right to seize property in place of money owed [so that he could collect the equivalent of two years of property tax from the residents of the valley]
90) [line 28] ASISA SIKRIKON! - you have made it [like the Halachah in the case of] Sikrikon [according to the Mishnah Acharonah in which case the purchaser loses nothing]! The reason why one who purchases land from Sikrikon need not pay the original owner more than what he saved is that he did nothing wrong in paying money to the Sikrikon; it was the only way to acquire the land. In this case, however, there was no reason to pay three years worth of property tax up front.
91) [line 29] HENI'ACH MA'OSAV AL KEREN HA'TZVI - lit. he placed his money upon the horn of a deer [which runs too fast for a person to overtake (TOSFOS YOM TOV to Kesuvos 13:2)]; he made a decision that resulted in the loss of his money
92) [line 30] REVI'A B'KARKA O REVI'A B'MA'OS - land [equal to] a quarter [of the amount that he paid to the Sikrikon] or a quarter of [the] money [that he paid to the Sikrikon]
93) [line 31] REVI'A B'KARKA SHE'HEN SHELISH B'MA'OS - a quarter of the land [itself] which is equivalent to a third of [the] money [that he paid to the Sikrikon]
94a) [line 32] MAR SAVAR NAKI RIV'A ZAVIN - [Shmuel] maintains that [the Sikrikon] sells [land that he appropriated] for one fourth less [than its actual value] (i.e., 75%)
    b) [line 32] U'MAR SAVAR NAKI CHUMSHA ZAVIN - [Rav] maintains that [the Sikrikon] sells [land that he appropriated] for one fifth less [than its actual value] (i.e., 80%)
95) [line 33] YAD BE'ALIM AL HA'ELYONAH - the [original] owner has the upper hand
96) [last line] L'ACHAR SHEBA'U MA'OS L'YADO - after [the original owner] received the money [such that what he received is a quarter of the sum total of money laid out by the purchaser]

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