BAVA METZIA 38-40 (10 Sivan) - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

[39a - 42 lines; 39b - 42 lines]

1)[line 1]" ȥ...""VEHA'SHEVI'IS TISHMETENAH U'NETASHTAH..."- "And in the seventh [year], you shall leave it unattended and unharvested..." (Shemos 23:11)

2a)[line 2]AFKATA- cancellation of obligations; exceptional legislation

b)[line 2] /span>AFKATA D'MALKA- a decree of the King (Hash-m)

3)[line 3]"[ ɥƥ, ǥ ɥǥ ɥ] ťǥ ȥ["V'KAM SHA'ON B'AMECHA, V'CHOL MIVTZARECHA YUSHAD, K'SHOD SHALMAN BEIS ARVEL B'YOM MILCHAMAH;] EM AL BANIM RUTASHAH."- "[Therefore a tumult shall arise among your people, and all your fortresses shall be desolate, like the desolation after the ambush of serene cities on the day of the battle;] leaving destitute the mother with her children." (Hoshea 10:14) - Rashi points out that the verse states "like the desolation after the ambush"; the verse is not referring to an actual ambush, but rather to people who flee of their own volition, for fear of an ambush.

4)[line 15]CKIM'A- a little amount

5)[line 19] /span>D'LO SAMCHA DA'ATEI- he does not believe [that he will keep the land]

6)[line 27]KERAGA- head-tax

7)[line 28]IMIRDIN- murder [that the person who runs away is accused of committing]

8a)[line 29]KAMAH- standing grain

b)[line 30]/ / / /span>LIKTZOR / LIVTZOR / LIGDOR / LIMSOK- to cut or pick grain / grapes / dates / olives

9)[line 32]APOTROPOS- (O.F. seneschal) steward, manager of the estate (RASHI to Sukah 27a)

10)[line 34]L'DIKNANEI- for those who are bearded, i.e. adults

11)[line 36] FU KAROV MACHMAS KAROV- a relative of a relative, who is not related directly to the minor, but may have a vested interest in making a Chazakah on the property for his relative

12)[line 40] F/span>KEIVAN D'LO MACHI ASI L'ACHAZUKEI BEI- since the minor will not protest, his relative may make a Chazakah on the property


A person who claims to have bought a piece of land from another person, but has no proof of purchase may, nevertheless, support his claim with a "Chazakah." A Chezkas Shalosh Shanim (a "Chazakah of three years") means that he has proof (witnesses) that he has been living and working on the land for three years, and his opponent has no witnesses to attest to the fact that he voiced any Mecha'ah (objection) during those three years. This Chazakah serves as proof to the claim that he bought the land (see Bava Basra fr. 28a).


14)[line 5] /span>D'LO AVID ITDA- a deed of partition between partners or heirs

15)[line 5]KOLA IS LAH- (lit. it has a voice) it is well known

16)[line 9] FLO MACHTINAN- (lit. we do not [let someone] go down) we do not appoint a relative to take care of the land of a minor

17)[line 9]SAVTA- (lit. grandmother) an old woman

18)[line 10]TELAS BENASA- three daughters

19)[line 10] V'CHADA BERATA- one daughter

20a)[line 11]HSHECHIVA CHADA MINAIHU- one of them died

b)[line 12]/span>V'SHAVKA YENUKA- and left over a child

21)[line 17]PALGA- one half

22a)[line 22]TILSA- one third

b)[line 23]DANKA- one sixth

23)[line 27]I MARI BAR ISAK- there may have been two people by this name; the one in our Gemara lived at the time of Rav Chisda while the one mentioned above, Daf 22a, lived later, at the time of Rav Ashi (TOSFOS to Yevamos 21b DH Rav Ashi)

24)[line 27]@/span>MI'BEI CHOZA'EI- a district of Bavel on the caravan road, along the Tigris River and its canals

25)[line 28] PELOG LI- divide [our father's estate] with me

26)[line 31]/span>CHASIMAS ZAKAN- the full development of the beard

27)[line 33]H/span>V'DACHALEI MINEI- they are afraid of him

28)[line 33]/span>D'GAVRA ALIMA HU- he is a strong, violent person (and is difficult to deal with)


The general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, when there is a doubt, all money remains with the one who has possession.

30)[line 37] /span>L'CHOL ALIMEI D'CHAVRACH- and all of your friends of the strong, violent type

31a)[line 40]EMI'PARDEISEI- vineyards

b)[line 40]U'BUSTANEI- orchards

32)[line 40]D'SHASAL- that he (Mari Bar Isak) planted