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BAVA METZIA 13 (14 Iyar) - Dedicated by HaGaon HaRav Yosef Pearlman of London, England, l'Iluy Nishmas his father, ha'Rabbani Reb Rephael David ben Yosef Yitzchak Pearlman, who passed away on Pesach Sheni 5758.

[13a - 44 lines; 13b - 25 lines]

1)[line 1]בשטרי הקנאהSHETAREI HAKNA'AH

A Shtar Hakna'ah is a document recording that its author has accepted upon himself the responsibility to pay the sum specified in the document to the person specified in the document, and that his estate will become mortgaged (i.e. a Shibud will be created, see Background to Bava Basra 43:7) towards the payment of this sum from the day of the document's writing. When a person writes such a document, an immediate Shibud is created upon his estate, regardless of whether or not he actually received the sum mentioned in the document from the person mentioned in the document in the first place.

2)[line 12]עדיו בחתומיו זכין לוEDAV B'CHASUMAV ZACHIN LO - by signing a document, witnesses cause the document to take effect as though it were already transferred to the hands of its beneficiary.

(a)The principle of Zachin l'Adam she'Lo b'Fanav teaches that when the acquisition of a certain object is unquestionably beneficial for a person, someone may acquire it for the person as if he were his Shali'ach, even though he was not actually appointed a Shali'ach to do so.

(b)As a corollary of this law, some Amora'im maintain that when one prepares a document which will accomplish the transfer of property to another person upon its delivery to the recipient, as soon as two witnesses sign the document it is as if they have already acquired the document for the recipient. This means that if the document is beneficial to the recipient, it takes full effect the moment the witnesses sign it.

(c)The Gemara here points out that even according to those who maintain Edav b'Chasumav Zachin Lo, the document does not take effect at all unless it is eventually transferred by its author to the hands of the recipient. When it is transferred to the hands of the recipient, it takes effect retroactively from the time that it was signed through Edav b'Chasumav Zachin Lo.

(d)Some Rishonim assert that this Halachah might apply only with regard to monetary benefits that are related to signed documents, and not with regard to laws of Isur v'Heter (prohibitions that are put into effect or removed) related to signed documents. Therefore, even those who maintain Edav b'Chasumav Zachin Lo might admit that a slave does not become permitted to marry a Jewish woman, like a freeman, retroactively from the time witnesses signed his Shtar Shichrur (see TOSFOS 20a DH Shovar)

3)[line 17]ושחרורי עבדיםV'SHICHRUREI AVADIM (GET SHICHRUR)

(a)A Jew who owns a Nochri slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill of release. If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)

(b)Some maintain that even if a master declares his slave Hefker (ownerless), but does not give him a Get Shichrur, the slave is still considered to be a freeman with respect to Halachic matters (Yevamos 48a, Gitin 38a).

4)[line 17]דייתיקיDAITIKEI- a document recording the bequeathals of a Shechiv Mera (see Background to Bava Basra 175:8). This word is a contraction of "Da Tehei l'Meikam v'Liheyos" - "This shall become set and shall be" (Bava Metzia 19a)

5)[line 17]מתנהMATANAH- normal gifts [i.e. gifts granted by a person who is not on his deathbed, as opposed to the gifts of a Shechiv Mera - see Background to Bava Basra 175:8]

6)[line 17]ושובריםSHOVARIM- receipts

7)[line 18]ונמלךNIMLACH- he changed his mind

8)[line 20]היכא דקא מטו לידיהHEICHA D'KA MATU L'YADEI- where they (eventually) reach the hands of the recipient (see above, entry #2:c)

9)[line 29]דחייש [דחיישינן] לפרעון ולקנוניאD'CHAYISH [D'CHAYISHINAN] L'PERA'ON UL'KINUNYA- [the Tana of the Mishnah is of the opinion] that we suspect [that the Loveh has already made the] payment [on the loan], or [that there is] a conspiracy to defraud and divide the profits (Girsa as noted in the Oz ve'Hadar edition)

10)[line 42]לצור על פי צלוחיתוLATZUR AL PI TZELOCHISO- to tie [the document] around the mouth of his bottle (as a cap)?

13b----------------------------------------13b

11)[line 1]לא היו דברים מעולםLO HAYU DEVARIM ME'OLAM- "It never happened!"; "It is not true!"

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