[79a - 33 lines; 79b - 53 lines]

1)[line 1]והקיףHIKIF- he sold it on credit (and has not yet received payment)

2)[line 1]והחליףHECHLIF- he exchanged it for another item

3a)[line 2]ופרע חובוPARA B'CHOVO- he paid his loan obligation with it

b)[line 2]ופרע בהקיפוPARA B'HEKEIFO- he paid his credit obligation with it

4)[line 3]ושלח סבלונות בבית חמיוSHALACH SAVLONOS B'VEIS CHAMIV- and he sent it (the stolen animal) to the home of his father-in-law as Savlonos, the gifts that a man sends to his fianc?e

5)[line 5]דיש שליח לדבר עבירהD'YESH SHALI'ACH LI'DEVAR AVEIRAH- that in this case, a Shali'ach can be appointed to perform an Aveirah (such that the Aveirah will be attributed to the one who sent him and not to the Shali'ach who actually performs the Aveirah)

6)[line 12]גנב ברשות הבעליםGANAV BI'RESHUS HA'BE'ALIM- he stole it (the animal) while it was still standing in the domain of the owner (such that he did not actually acquire it at that point)

7)[line 17]היה מושכוHAYAH MOSHCHO - he was pulling it towards him, doing an act of Meshichah (KINYAN MESHICHAH)

(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 reigns of an animal 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 Amora'im (Bava Metzia 47b) argue as to whether Kinyan Meshichah is recognized by the Torah, or whether it is a Rabbinic institution which was established in order to replace the Kinyan of Kesef (which is recognized by the Torah but which was invalidated by the Rabanan). According to those who maintain that Kinyan Meshichah is mid'Oraisa, its source in the Torah is from the verse "Kanoh mi'Yad Amisecha" (Vayikra 25:14), which implies that one may transfer property by handing it over to the buyer (Bava Metzia ibid.).

(d)Meshichah can only accomplish a Kinyan in a private or semi-private area (such as an alleyway), but not in Reshus ha'Rabim. It may be accomplished not only by pulling the object towards one's self, but even by causing it to come towards one's self, such as by calling an animal and causing it to come closer.

8)[line 18]הגביהוHIGBIHO - he lifted it up in order to acquire it (KINYAN HAGBAHAH)

See above, entry #7.

9)[line 19]נתנו לבכורות בנוNASNO LI'VECHEROS BENO- he gave it in place of the five Sela'im that he must give to the Kohen as the Pidyon ha'Ben for his son

10)[line 20]לשומר חנם לשואל לנושא שכרL'SHOMER CHINAM L'SHO'EL L'NOSEI SACHAR UL'SOCHER - he gave the animal to one of these types of Shomrim (4 SHOMRIM - four types of watchmen mentioned in the Torah)

(a)SHOMER CHINAM - the Shomer Chinam is one who watches his friend's item for no reimbursement. He is liable for damages only in cases of Peshi'ah (negligence), but not in cases of theft or loss, and certainly not in a case of Ones (an unavoidable accident).

(b)SHO'EL - the Sho'el, the borrower, is one who borrows an item from his friend and is obligated to take care of it. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, and Ones (an unavoidable accident). (He is exempt from damages only in a case of "Meisah Machmas Melachah," when the item was damaged in the normal manner of usage.)

(c)NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to watch an article. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident).

(d)SOCHER - the Socher, or renter, is one who pays money to rent an item from his friend. He is liable for damages in cases of Peshi'ah (negligence), theft or loss, but is not liable in a case of Ones (an unavoidable accident) (RASHI to Bava Kama 4b). (There is actually a Machlokes in Bava Metzia whether the Socher has the status of the Nosei Sachar, or the status of a Shomer Chinam).

11)[line 31]בלקוחותLEKUCHOS- the buyers

12)[line 32]שהקרקע נקנית בכסף בשטר ובחזקהKARKA NIKNEIS B'CHESEF BI'SHTAR UV'CHAZAKAH - land is acquired through money, a contract, or through a Chazakah (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 (see above, entry #7). For acquiring land, the Kinyan can be made by the giving over of money, the writing of a Shtar, or the making of a Chazakah.

(b)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).

79b----------------------------------------79b

13)[line 3]שהטמין בחורשיןHITMIN B'CHORSHIN- he (the Ganav) hid in the forest (to steal an animal there)

14)[line 5]שהכישה במקלSHE'HIKISHAH B'MAKEL- he hit it with a stick

15)[line 6]כיון דקא מטמרי מנייהוKEIVAN D'KA MITAMRI MINAIHU- since he hid from them

16)[line 8]בניהו בן יהוידעBENAYAHU BEN YEHOYADA- the head of the Sanhedrin, and the advisor of Shlomo ha'Melech

17)[line 9]"ויגזל את החנית""VA'YIGZOL ES HA'CHANIS..."- "And he stole the spear from the hand of the Mitzri, and he killed him with his spear." (Shmuel II 23:21)

18)[line 10]בעלי שכםBA'ALEI SHECHEM- the people of Shechem. When Gid'on saved the Jewish people from the Midyanim, he refused the Jewish people's request of him to become king, saying that only HaSh-m is their King. In the merit of his saying that the Jews need no king other than HaSh-m, his son, Avimelech, became king for three years. However, Avimelech was a wicked person who took the kingship by force after his father's death by killing his brothers. One brother, Yosam, survived. Yosam was a righteous person who rebuked the Jewish people, particularly the people of Shechem who were wicked and joined Avimelech. Eventually, an internal conflict waged between the people of Shechem and Avimelech, in which Avimelech as well as many of the people of Shechem were killed.

19)[line 11]"וישימו לו בעלי שכם מארבים על ראשי ההרים ויגזלו [את] כל אשר יעבר עליהם בדרך [ויגד לאבימלך]""VA'YASIMU LO VA'ALEI SHECHEM ME'ARVIM AL ROSHEI HE'HARIM; VAYIGZELU ES KOL ASHER YA'AVOR ALEIHEM BA'DARECH; [VA'YUGAD LA'AVIMELECH.]" - "And the residents of Shechem placed people lying in wait for him (Avimelech); and they robbed whoever passed them on the way; [and this was told to Avimelech.]" (Shoftim 9:25) (AVIMELECH AND THE PEOPLE OF SHECHEM)

(a)When the Shofet Gid'on (alias Yeruba'al) died, he left behind seventy sons from his main wife and one son from his concubine, by the name of Avimelech. After winning the hearts of the people of Shechem, they gave him seventy Shekalim with which he used to hire a band of empty-headed men who followed him wherever he went. He used the opportunity to attack his father's house in Efrat and to kill all seventy of his half-brothers, to prevent them from deposing him and taking the leadership of the people for themselves - all that is, except for the youngest, whose name was Yosam. Following this, the people of Shechem crowned Avimelech king over Shechem and Beis Milo.

(b)When Yosam heard about the coronation, he ascended a mountain and called out to the people of Shechem a beautiful Mashal, bemoaning the injustice of what they had just done. He concluded his Mashal by reminding them of how his father Gid'on had risked his life on their behalf and had saved them from the sword of Midyan, and he asked them whether they thought they had repaid his kindness towards them by killing his seventy children. If they did, then, he declared, they and their new king should be happy with each other. But if not, then a fire should go out from Avimelech and destroy the people of Shechem and Beis Milo, and, simultaneously, a fire should go out from the people of Shechem and Beis Milo and destroy Avimelech.

(c)Avimelech ruled over Yisrael for three years, before Yosam's curse was fulfilled. To avenge the death of Avimelech's seventy half-brothers, HaSh-m created an evil spirit that divided between Avimelech and the people, as a result of which they rebelled against him.

(d)Nevertheless, it would be some time before Avimelech's final downfall. Following a number of battles that Avimelech fought against his enemies and won, he was killed by a woman (Serach bas Asher) who dropped a mill-stone on his head from the roof of a tower which he was attacking and which he was about to set on fire.

20)[line 11]מארביםME'ARVIM- ambushers

21)[line 16]וניערקו מנייהוNI'ARKU MINAIHU- he fled from them

22)[line 20]עין של מטהAYIN SHEL MATAH- the eye of below (a euphemism for the eye of Above, the ability of HaSh-m to see all that happens)

23)[line 22]"הוי המעמיקים מה' לסתיר עצה והיה במחשך מעשיהם...""HOY HA'MA'AMIKIM ME'HASH-M LASTIR ETZAH, V'HAYAH V'MACH'SHACH MA'ASEIHEM..."- "Woe those who try to go deep, away from HaSh-m, to hide their counsel, and their deeds are done in the dark, [and they say, 'Who will see us and who will know us?']" (Yeshayah 29:15)

24)[line 38]אין מגדלין בהמה דקה בא''יEIN MEGADLIN BEHEMAH DAKAH B'ERETZ YISRAEL- The Chachamim decreed not to raise Behemah Dakah (small farm animals such as sheep) in Eretz Yisrael because they enter people's fields and damage their property

25)[line 40]בסוריאSURYA- Syria; areas from modern-day Syria that were conquered by David ha'Melech

26a)[line 41]הקדשיםKODSHIM- sanctified items (such as Korbanos)

b)[line 42]הטהרותTAHAROS- items of Taharah (ritual purity), such as Terumah and the like

27)[line 45]בשלשלתSHALSHELES- a chain

28)[line 45]אין פורסין נישובים ליוניםEIN PORSIN NISHOVIM L'YONIM- we may not spread nets for catching doves

29)[line 45]ל' ריסSHLOSHIM RIS (MEASURES OF LENGTH AND DISTANCE)

(a)The Talmud uses the following standards for measuring distance:

1.3 Parsa'os = 24,000 Amos = 90 Ris = 12 Mil

2.1 Parsah = 8,000 Amos = 30 Ris = 4 Mil

3.1 Mil = 2,000 Amos = 7.5 Ris

4.1 Ris (or Rus) = 266.66 Amos

5.1 Amah = 2 Zerasos = 6 Tefachim

6.1 Zeres = 3 Tefachim

7.1 Tefach = 4 Etzba'os

(b)In modern-day units, the Ris is approximately 121.6, 128 or 153.6 meters, depending upon the differing Halachic opinions.

30)[line 48]ובמדבר שבספר עכוBA'MIDBAR SHEBI'SEFAR AKO- the desert near the border-town of Ako

31)[line 49]בהמה גסהBEHEMAH GASAH- large domesticated animals such as cattle and donkeys

32)[line 52]ובלבד שלא ישהה את האחרונה שלשים יוםU'VILVAD SHE'LO YASH'HEH ES HA'ACHARONAH SHELOSHIM YOM- as long as he does not keep the last one [that he bought] with him for thirty days

33)[line 52]דסד''אDSD''A (D'SALKA DA'ATACH AMINA)- you might have thought to say

34)[line 52]דאי נפק ליה רגלD'IY NAFAK LEI REGEL- that if the festival passes

35)[line 52]ומכי זבנה עד השתא אכתי לא מלו ליה תלתין יומיןUMI'KI ZABNAH V'AD HASHTA, AKATI LO MALU LEI TELASIN YOMIN- and from the time that I bought it until now, thirty days still have not passed

36)[last line]לא נימא תלתין משרא שרי ליה לשהוייLO NEIMA TELASIN MISHRA SHARI LEI LISH'HUYEI- do not say that it is permitted to keep it for thirty days

37)[last line]אלא כיון דנפק ליה רגל לא מבעי ליה לשהוייELA KEIVAN D'NAFAK LEI REGEL, LO MIBA'I LEI LISH'HUYEI- but rather once the festival has passed, he should not have kept it at all

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