[49a - 45 lines; 49b - 46 lines]

1)[line 16]חמרתא מעברתא בעלמא הוא דאזיקCHAMARTA ME'ABARTA B'ALMA, HU D'AZIK- he damaged an ordinary pregnant female donkey

2a)[line 18]"שבו לכם פה עם החמור""... SHEVU LACHEM POH IM HA'CHAMOR..."- "[And Avraham said to his young men,] 'Stay here with the donkey; [and I and the lad will go yonder and worship, and come back to you.']" (Bereishis 22:5)

b)[line 18]עם הדומה לחמורAM HA'DOMEH L'CHAMOR

Literally, "Am ha'Domeh l'Chamor" means people who are comparable to the donkey. This phrase is used to describe slaves, and Chazal mean to say that a slave is dealt with Halachically as property rather than as an individual.

3)[line 19]ושבח ולדותV'SHEVACH VELADOS- the increase in value on the slave market of a pregnant woman over one who is not pregnant

4a)[line 26]וכי אשה למי שיולדת משבחתV'CHI ISHAH L'MI SHE'YOLEDES MASHBACHAS...- Does the Shevach Velados of a woman belong only to her husband (lit. only to the one to whom she bears a child)...

b)[line 27]ואין לעצמה בשבח ולדות כלום?V'EIN L'ATZMAH B'SHEVACH VELADOS KELUM?- and she does not have a share in it at all?

5)[line 31]במבכרתMEVAKERES- a woman who is giving birth for the first time

6)[line 33]שבח הריוןSHEVACH HERAYON- (this is an alternate term meaning Shevach Velados)

7)[line 35]שיכנהSHE'YAKENAH- he hits her

8)[line 36]כל היכא דסליק ביה שיחמא לולדKOL HEICHA D'SALIK BEI SHICHAMA LA'VELAD- any place [on her body] where, [as a result of the blow,] there is an adverse effect on the fetus

9)[line 40]מרי דיכיMAREI DICHI- (lit. the lord of this [teaching]) The author of this teaching!

10)[line 41]צרריTZERAREI- bundles [of valuables;] moneybags

49b----------------------------------------49b

11)[line 1]ותני זכתהV'TANI ZACHSAH- this should be read "Zachsah" instead of "Zachah," since the woman receives the payment of Demei Velados, as opposed to the Mazik meriting to keep his money, as the word "Zachah" implies (TOSFOS DH v'Tani claims that the Gemara does not intend to change the Girsa of the Beraisa, but rather answers that the word "Zachah" of the Beraisa means that the person who is worthy receives the Demei Velados, who, according to Rabah, is the woman.)

12)[line 16]המחזיק בשטרותיו של גרHA'MACHAZIK BI'SHETAROSAV SHEL GER - one who is holding on to the legal documents (esp. documents of debt) of a convert (NICHSHEI GER SHE'MES)

(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 heirs. 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 denoting the acquisition of any part of the estate, as in all cases of taking possession of items that are Hefker. Depending on what object one is acquiring, different Kinyanim are used. The forms of Kinyan that may be used for the acquisition of the Metaltelin (mobile items) of a Ger are Hagbahah (i.e. lifting the item), Meshichah (i.e. pulling the item or causing it to move), and Chatzer (i.e. bringing the item into one's private domain). The only form of Kinyan that may be used for the acquisition of the land of a Ger is Chazakah (i.e. performing an act that is normally performed only by an owner).

13)[line 20]עני מוריANEI MORI!- Answer [me,] my master...

14)[line 21]וכי לצור על פי צלוחיתו הוא צריךV'CHI LATZUR AL PI TZELOCHISO HU TZARICH?!- does he need it (the document) to use as a stopper for his bottle?

15)[line 22]משכונו של ישראלMASHKONO SHEL YISRAEL- the collateral of a Yisrael

16)[line 25]פקע ליה שעבודיהPAKA LEI SHI'ABUDEI- his obligation is cancelled

17)[line 28]תקני ליה חצירוTIKNEI LEI CHATZEIRO? (KINYAN CHATZER)

(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;

2.Meshichah, i.e. pulling the item or causing it to move;

3.Mesirah, i.e. handing over the reins 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 movable object automatically upon the acquisition of land.

(c)The forms of Kinyan that may be used for the acquisition of land are:

1.Kesef, i.e. paying at least a Perutah's worth of money for the land;

2.Shtar, i.e. receiving a legal document containing the details of the sale;

3.Chazakah, i.e. performing an act that is normally performed only by an owner;

4.Chalipin (as mentioned above, b:5)

(d)With regard to the Kinyan of Chatzer (above, b:4), in order for a Kinyan to take place the Chatzer must be Mishtameres, i.e. protected as a result of the owner's authority. A Chatzer Mishtameres can be used to effect a Kinyan on the items in it whether or not the owner is in or alongside it. If the Chatzer is not Mishtameres, a Kinyan can only take place if the owner or his agent is guarding the Chatzer, in or alongside of it (Bava Metzia 11a).

18)[line 31]דליתיהD'LEISEI- (a) [we are dealing with a case where] he (the creditor) is not [in the courtyard which is a Chatzer ha'Mishtameres] (RASHI) (and the Gemara here maintains that a person must be in or alongside even his Chatzer ha'Mishtameres in order to effect a Kinyan, against the conclusion of the Gemara Bava Metzia 11a - TOSFOS DH v'Hilchesa); (b) [we are dealing with a case where] he (the creditor) is not [in the courtyard which is not a Chatzer ha'Mishtameres] (TOSFOS ibid., citing the opinion of RI)

19)[line 35]והלכתא דליתיה בחצירו דלא קנהV'HILCHESA, D'LEISEI B'CHATZEIRO, D'LO KANAH- (a) and the Halachah dictates that if it (the Mashkon) is not in his courtyard, he (the creditor) does not acquire it (the entire Mashkon; only up to the value of his debt) (RASHI); (b) and the Halachah dictates that if he (the creditor) is not in his courtyard (which is not a Chatzer ha'Mishtameres), he does not acquire it (the entire Mashkon; only up to the value of his debt), i.e. the answer of the Gemara quoted immediately prior to this line is the Halachah (TOSFOS ibid., citing the opinion of RI)

20a)[line 35]החופר בור ברשות היחידHA'CHOFER BOR BI'RESHUS HA'YACHID- one who digs a pit or cistern in Reshus ha'Yachid, his own private domain

b)[line 36]ופתחו לרשות הרביםU'FESACHO LI'RESHUS HA'RABIM- and he made an opining for it in Reshus ha'Rabim, the public domain

21)[line 40]הפקיר רשותו ולא הפקיר בורוHIFKIR RESHUSO V'LO HIFKIR BORO- he declared his land ownerless but retained ownership of the Bor

22)[line 43]"כי יפתח וכי יכרה""[V']CHI YIFTACH" V'"CHI YICHREH"- And if [a man] shall open [a pit, or] if [a man] shall dig [a pit, and not cover it, and a bull or a donkey falls in it.]" (Shemos 21:33)

23a)[line 44]פתיחהPESICHAH- opening, i.e. uncovering the Bor

b)[line 44]כרייהKERIYAH- digging the Bor

24)[line 45]שעל עסקי פתיחה ועל עסקי כרייה באה לוSHE'AL ISKEI PESICHAH V'AL ISKEI KERIYAH BA'AH LO- [the liability for damages caused by the Bor] comes to him because of the matter of opening or the matter of digging the Bor (without it belonging to him, i.e. it is in Reshus ha'Rabim)

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