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CHARTS FOR LEARNING THE DAILY DAF

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Bava Metzia Chart #3

Bava Metzia Daf 11b-12a

WHEN DOES A PERSON'S CHATZER ACQUIRE AN ITEM FOR HIM?
(A)
CHATZER SHE'EINAH MISHTAMERES
(B)
CHATZER HA'MISHTAMERES
1) GET When he is standing next to it(1) When he is standing next to it(1)
2) MATANAH It is always Koneh for him(2)(3) It is always Koneh for him(2)
3) METZI'AH When he is standing next to it(4) It is always Koneh for him(5)
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FOOTNOTES:
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(1) Being Koneh a Get through "Chatzer" requires that the woman be standing next to her Chatzer, because Kinyan Chatzer then acquires through "Yad" (it is like an extension of her hand; she must be standing next to her Chatzer, just like her hand is next to her). The reason why the Chatzer is not Koneh a Get through "Shelichus" is because the Get can be given even to a Ketanah, and even against the will of the woman, and in those two cases Shelichus does not work. (Tosfos Rabeinu Peretz writes that even when the woman is a Gedolah and she *wants* the Get, it is still necessary for her to stand next to her Chatzer, since, for Get, a Chatzer is excluded from working through Shelichus. However, it would appear that this depends on the Machlokes between the two versions of Rashi's commentary at the end of 11b: If Chatzer works through Shelichus based on logic, then it can be Koneh a Get through Shelichus as well (when the woman wants the Get), and if Chatzer works through Shelichus by exegetical inference alone (i.e., if Chatzer is like "Yad," then certainly it is not less than a Shali'ach), then we would not give Chatzer the status of a Shali'ach at all with regard to a Get, but only with regard to a Metzi'ah and Matanah.)
(2) With regard to a Matanah, the Chatzer is Koneh through Shelichus because of the principle of "Zachin l'Adam she'Lo b'Fanav," and for this reason it is not necessary for the recipient to be standing beside his Chatzer. (It is only necessary to stand beside one's Chatzer in order for the Chatzer to be Koneh for him through "Yad," see above footnote #1).
(3) Even though a Chatzer is not Koneh a Metzi'ah for the Chatzer's owner when the Chatzer is not Mishtameres (guarded) unless the owner is standing next to it, nevertheless it *is* Koneh a Matanah without the owner standing next to it. The reason for this is because a Matanah is "Da'as Acheres Makneh," given by another person, as Rav Papa (11b) says. (This is how most of the Rishonim explain. The Ritva, however, explains that Rav Papa's answer was refuted, and Rav Ashi -- who differentiates between a Matanah and a Get -- maintains that a Matanah, like a Metzi'ah, *cannot* be acquired through Kinyan Chatzer when the Chatzer is not Mishtameres, unless the owner is standing next to it. Rav Ashi maintains that the Kinyan that Raban Gamliel made in the boat was a Kinyan Agav and not a Kinyan Chatzer.)
(4) In the case of a Metzi'ah, where there is no "Da'as Acheres Makneh," the Kinyan of a Chatzer cannot work through Shelichus (see Insights), and therefore it is necessary for the owner to be standing next to it in order for it to be Koneh the Metzi'ah for him through "Yad." The Gemara explains that it is also necessary for the owner to be able to catch up to the Metzi'ah (if it is moving) before it leaves the Chatzer.
(5) When the Chatzer is Mishtameres, it is Koneh the Metzi'ah through Shelichus through the principle of "Zachin l'Adam she'Lo b'Fanav." Therefore, it is not necessary for the owner to be standing next to the Chatzer. This requires further elucidation, however, because if this is true, then even a Chatzer that is *not* Mishtameres should be Koneh for this reason, and there should be no need for the owner to stand next to it! (See Insights.)

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