[57a - 18 lines; 57b - 32 lines]

1)[line 6]לא נפיק נכי ריבעא דממונא אפומא דאחיLO NAFIK NAKI RIV'A D'MAMONA A'PUMA D'ACHEI- [in the case of our Mishnah,] three quarters (lit. less a quarter) of the money is not extracted on the basis of the testimony of brothers. (Rather, the three brothers testify to half of the Chezkas Shalosh Shanim, one for each of the years, and the non-relative testifies to the other half. In the case of our Gemara, we would be relying on the live witness totally to validate his own signature. Had his brother testified to validate the dead witness' signature along with another witness, three quarters of the testimony would have relied on the testimony of brothers.)

2a)[line 8]אלו דברים שיש להן חזקהELU DEVARIM SHE'YESH LAHEN CHAZAKAH- these are the things for which it is possible to obtain a Chezkas Shalosh Shanim when one continually uses them for three years, and the person upon whose rights they would encroach does not protest (a sign that he sold his rights to the Machzik)

b)[line 8]ואלו דברים שאין להן חזקהV'ELU DEVARIM SHE'EIN LAHEN CHAZAKAH- and these are the things for which it is not possible to obtain a Chezkas Shalosh Shanim, even when one continually uses them for three years without any protest from anyone, since their uses do not constitute permanent use, and the owner upon whose rights they would have encroached can legitimately claim that he did not need to protest since the Machzik was not using them the way an owner normally would

3a)[line 10]תנורTANUR- an oven [that is portable]

b)[line 10]ריחיםREICHAYIM- a [hand-held] millstone or grindstone

c)[line 10]וכירייםKIRAYIM- a stove [that is portable]

4)[line 11]ונותן זבלוNOSEN ZIVLO- one who dumps his animal manure

5)[line 16]נירNIR- [leaving a field fallow after] plowing


6)[line 1]השותפיןHA'SHUTAFIN- partners

7)[line 1]דבהעמדה כדיHA'AMADAH KEDI- mere placement [without any semblance of permanence]

8a)[line 3]שנדרו הנאה זה מזהSHE'NADRU HANA'AH ZEH MI'ZEH- partners who made a vow that they may not derive any benefit from each other

b)[line 4]אסורין ליכנס לחצרASURIN LIKANES LE'CHATZER - are prohibited from entering their (jointly-owned) courtyard, [as long as they have not divided it between them] (MUDAR HANA'AH)

(a)If two partners share a courtyard and they make a vow that they may not derive benefit from one another, they must divide the courtyard before they are permitted to enter it. Even mundane activities such as standing a portable oven in the courtyard, which is not prohibited to a normal Mudar Hana'ah, constitute a violation of their vow.

(b)The size of the courtyard is relevant to this Halachah, as well as to a normal case of partners who wish to divide their courtyard. A partner can only force the other to divide the courtyard between them if each partner will receive at least a four-by-four Amos square after it is divided. Another requirement for the division is that each partner receives an additional four-by-four Amos in front of his doorway. If the doorway is greater than four Amos in width, then he receives four Amos by the width of the doorway. (Bava Basra 1:6, SHULCHAN ARUCH Choshen Mishpat 171:3, 172:1)

9)[line 5]ברחבה של אחורי בתיםRECHAVAH SHEL ACHOREI VATIM- an enclosed area behind a house

10a)[line 9]גבי ממונא לקולאGABEI MAMONA L'KULA- with regard to monetary matters (such as the Chazakah to which the Mishnah refers), we rule leniently (as in all matters when we have a doubt with regard to monetary matters, and all non-permanent uses are permitted, and as such, a Machzik cannot gain a Chezkas Shalosh Shanim)

b)[line 9]גבי איסורא לחומראGABEI ISURA L'CHUMRA- with regard to matters of Isur v'Heter (such as the Mudarei Hana'ah of the Mishnah to Nedarim), we rule stringently (as in all matters when we have a doubt with regard to Isur v'Heter, and even entering their courtyard is prohibited)

11a)[line 12]אפילו ויתור אסור במודר הנאהAFILU VITUR ASUR B'MUDAR HANA'AH- even a case of "Vitur" (see next entry) is prohibited with regard to those who are prohibited to derive benefit from one another

b)[line 12]ויתורVITUR- (a) something that a person forgoes, e.g. a merchant's customary addition to an exact measure (MEFARESH and RAN to Nedarim 32b); (b) [the use of] things that a person would normally let another person use without asking permission (RASHI to Megilah 8a)

12)[line 15]"וְעוֹצֵם עֵינָיו מֵרְאוֹת בְּרָע""V'OTZEM EINAV ME'RE'OS B'RA"- "and shuts his eyes from seeing evil" (Yeshayah 33:15)

13a)[line 22]חלוקCHALUK- (O.F. chemise) an undershirt (RASHI to Shabbos 120a) or shirt worn under another garment

b)[line 23]טליתTALIS- (O.F. mantel) cloak, mantel (a loose outer garment without sleeves that covers most of the body)

14a)[line 25]גדילGEDIL- covered with a tablecloth

b)[line 25]גלאיGALA'I- uncovered

15)[line 26]וטבעתוTABATO- its ring [with which it is moved or hung] (this refers to a one-person table - ARUCH)

16)[line 27]ינוקאYENUKA- a child

17)[line 29]שמעאSHAM'A- attendant (waiter)