Gemara Markings Daf Yomi
Bava Metzia 11
Yudhala, from Adalif, about seven, eight lines down at the new Mishnah. Ra, Oisan, ratsen, akhar mitziya. He saw others running, chasing or running after some sort of lost item, and by the way, in this person's field. Or akhar tzvi shavur, or people chasing after some sort of deer with like a broken leg, or akhar goi zalish like parqu, or baby birds that are not yet able to fly. Vamar, and this guy who's looking out at this scene in his field, declares, "Zalqsa'li sa'li, I want my field to get those things for me." Zalqsa'li, that works, his field requires it for him. Yip, kama, however, hayatsvi, ratskadarka, I got underlined, ratskadarka, if the deer was not hurt, but rather it was running as it normally does. Or shayad goi zalish mafrikan, or the little baby birds were already able to flutter around, and also flutter away. Vamar, and he makes that same declaration. Zalqsa'li sa'li, I want my field to merit those things for me. Lei amar clume, that is an ineffective statement, because the statement, so what, the deer can run away, the birds can fly away. When it's on this in his field that can't make it out, then he can declare that he wants his field to acquire it for him, and that'll work. I'm gonna review the marshmull, I know that in the name. This case in the Mishnah is vahu, shayimu desat sa'li, he's gotta be standing there, like right near his field. Basically, he is watching his field at that time. Okay, I put an arrow in the margin, this line, and we're gonna have a corresponding arrow, about five lines from the bottom. Ask Lei amar, now, vatiknile, sa'daeu, question mark kamma. Well, one second, shouldn't his sada acquire it for him, like even if he's not standing there, don't refuse to repunina. Hats'irashil, adama person's courtyard, khaina loy shalaimidate, acquires for him, even if he doesn't know about it. So, why does he have to be next to his field? Well, explains the kamara hani mili, that what you say a person's khaatsir will khaina for him, even if the person doesn't know about it, that's by a khaatsir ha'mishta meris. That's a khaatsir that's, let's say, properly fenced in, and the things inside of it are guarded. Kama wa khaatsir shaina mishta meris, if the field is not on its own, a secure area, then it depends. Colin, aye, aye, vatiknal sa'daeu, if the person is standing there next to the field in, yes, it will work because he's there and he's watching the things in his field. However, aye, low, if not, then not. Okay, ask the khaatsir more now, a basic question. Umana timra, khaatsir shaina mishta meris, aye, aye, vatiknal sa'daeu, aye, aye, loh, low. Well, where do we know that from? That we make a distinction, that if it's a courtyard or a field or some area that's not on its own, that it's only if the person is standing there, is the courtyard or if you have to be able to acquire for that person. But if not not, well, de sa'nyeu, we have a braysa. And the braysa is by shir'cha. Shir'cha is when you have a field, let's say a grain field, so there's these individual, these tall individual stocks of grain, you harvest the grain, and then you bundle it into these bundles. A forgotten bundle is known as shir'cha. So, says the braysa, goes for four lines and starts here. Aye aye aye made beir. Let's say the person is not in this field, he's in this city. The aye mer, and he makes the following declaration, quote, yo dea aye nish, aye merishi, yeish li bisada. I know that there is a bundle or a sheave that I have in the field. I'm here by declaring that it shouldn't be shir'cha, meaning, like specifically, even if I go back later, and then I also forget about it, that it shouldn't be shir'cha. He's making a declaration, he wants it to be always not shir'cha. You might think that it wouldn't be shir'cha if you forget about it later. Talmallaimar says the pasuk, quote, three words, vis-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha-cha, you might think that it wouldn't be shir'cha if you forget about it later. Now, it takes about seven more lines to develop it 'til it's understandable, because it seems intrinsically contradictory, what we just said. Ha-gu-fakasha-colon. Amris, on the one hand, we said, I put four words and right angles. Yo-ho, lo, yo-he, shir'cha, this is a quote from the writer we just quoted. You might think that it's not going to be shir'cha. So then, whatever the answer is, al-mahave shir'cha, that it would be shir'cha. Now, those shir'cha means that the poor people can then come and take it. "Kama", "venosive", "laa gomara" and then the teaching continues and concludes, here's four words, the last four words that we had in the above "brice", "a", "bessauda vishachachta", "velo beir", which sounds very much like "ama", "laa havei shikra", that it would not be shikra, so which way is it? Are we trying to show that it's shikra, we're trying to show that it's not shikra, "laa love", "hakhi kama". So should we not say that this is how to understand the snake source? So we're going to have to do a little bit of fancy footwork to read into this "brice", what the "pashat" must be, but here we go. I put the right angle in over here and the rereading of the "brice" goes for almost five lines. It starts here, now we're going to make a distinction between if the owner of the field is by the field or if he's in town. "Bassauda e bachts bessauda", "shach a'n beinau", "a' shikra a'n bei kara", if he forgot about it from the onset, havei shikra, then that's considered shikra, and then it's not his anymore and the owner can take it, however. "Bee", "zachor", excuse me, if he knew about it, "ula bessaif shach a'yach", so he knew about it, but he is not doing the work, it's the workers who forgot it out there in the field. "Ain shikra", there's not going to be shikra, now why would it not be shikra, my time up? Very simply, and I dot underlined these eight words, "de kei van de kei ga'ba", havei lei katsar vizakhsalei, and this is sort of like the point that we're looking for, since he is standing right there, the balabas is basically there, it's like his katsar, his field, his katsar, his property, vizakhsalei, and it's his field, so to speak, that acquires it for him, that's all if he's hanging out by the field, kama, avalbo ear, and I box be ear, if he is in the city, now he's not near his field, so once he goes into the city, even if he remembers, and then forgets, it will be shikra, vizakhsalei, vizakhsalei, havei shikra, why is that, my time up? Well, because he, when you remember he wasn't there at the time, standing by his field, de lasei, ga bei, he wasn't there, de liz kei lei, that we could say that the field becomes an extension of his intention, and acquires it for him, the field does not do that. That is the end of the rereading of the tenaic source, and that would seem to be that if the person is standing there, his katsar field, in this case, it will be able to acquire for him, and if not not. The kama attempts to reject this and says, well, one second, ima, who says that's the way to understand things. Dilma may be xeras hakhasavhi, may be it's just the way the pasuk says it, the implication of the pasuk is that in the field, if he's by the field, they'll be shikra, however, if the owner of the field is in the city, it's not shikra, and if it's the workers who are working and they forget it, that doesn't mean anything because it's not the owner who either remembered or forgot it. And the way then to understand pasuk lei vibraisa is almost as though the word "low," which in the third-hand braisa doesn't exist. Dilma xeras hakhasavhi, de besaaden havishikra, if the owner of the field is in the field, then they'll possibly be shikra, but if he's in, by ear in the city, lon havishikra, maybe that's the way to understand the braisa, lei vibraisa is, no. Amar kra, the pasuk indicates that that's not the case, unless you can't read the source literally, no, there's a hakha kha kha kha, my version is correct, don't read it as yahol yahishikra, but rather keep it as lahol yahishikra, says the pasuk, quote, lei, sashuv le kartoy, you cannot go back to take it, that comes to be marbe, even, not only if you're standing, you're the owner of the field, or standing in the field, the rabbis, shikra, hahir, comes to include shikra, hahir, even, stuff that was forgotten in the field, when the workers were there, when the owner of the field was in the city. So we say one second, that phrase of lei, sashuv le kartoy, we can't use that to include shikra, we need it for something else. Jaime by elated, he just the lahv, that there is a Torah prohibition of going back to take the forgotten sheave after you've already passed it up, answers to the gomara, well, if that's all that was coming to tell you, the pasuk, emke name a kra, lei, sashuv le kartoy, don't go back, that comes, the rabbis include even shikra, which happened when the owner was in the city. Presses the gomara onward and says vakhati, but still, we need that, that lei, sashuv le kartoy phrase in the pasuk, me by elated, it's not for the halakh abrada and the following, three line plus one word, quote of a mission, misceres, payah. This is the mission that sort of delineates what is considered standard shikra and what's not. So let's say there's a row of grain, shellafana, if it's still in front of the person, like he didn't actually pass it up, then that's not considered shikra, even if you saw it, shellah kara, but what is behind him is he's walking through the row in the field, that is shikra, and the Torah prohibits going back to take it after you passed it over and forgot about it, shikube, two words, quote of an buzzball, tashuv, kamazak, while here's the general rule, koshuv, if it's, you cannot go back, then that's considered shikra, koshu, any scenario where it would not be, dasha, not go back, meaning like you haven't yet reached that area, you know, shikra, it's not shikra, but in mind we need the pasuke, lei, sashuv le kartoy, it's just that. Well, amaravashi yandal in his name and he comes to conclude, amar kra, the pasuk has the word yihiyya, which is when the pasuk says to the convert and the orphan and the widow, yihiyya, shall it be that yihiyya comes, lerabashi, include even shikra, sayir, semicolon. When we had said on the first line or two of the gumara, that the case is where the person is standing right near his field, the shein amar ula, I circled ula, vahusha, yim i vidsad sa dayu. It's where the owner of the field is standing by the field, vahshayin amaravah barahana. Barahana also said vahusha, yim i sad sa dayu. However, Rabbi Amba questions this and his question is directed at ula, that's where Rabbi Abba also gets a circle, because he is questioning ula, who was the previous circle name, two lines ago. So, a's figure of the Abba lula, this snake source starts here and goes to the third line on Amba base, it's a mission, mizakas mysir, shani. It was once an incident, and I actually have a number of incidents like this, where there was boat travel by the great leaders of the Jewish people, they might have been going back and forth between Israel and Rome, which the seat of power at that time was maybe in Rome. So, mysit once happened, brahbangam leel, he was the nasi, and the zakain and the elder shaayu baim, Bismir, they were traveling in a boat. Kama. Amaravaham leel, now, ravaham leel had some untied produce, and he wanted to take care of what he could take care of, even though he was nowhere near his field. So, it makes the following declaration, one of the people who was there in the boat with him was Rabbi Yeshua, who happened to be a lady. So, he makes the following declaration, quote, isor shani also glamud, the first 10th, the first time that I, in the future, when I get back home, I'm going to separate out. Nelson Lea Shua is hereby given to Yeshua, he was the lady, in other words, he's giving it to him. Ume kaimai muskarloy, the part, wherever it was placed in his property, that place, that karka, is going to be rented to him, and I guess Yubishua gave him, let's say, $20 to rent that place, and that's the way he's going to transfer it to Rabbi Yeshua. Kama visor ajaer, this happened to be a myser oni year, so the next time declares Rabaan kaimleel, the second 10th that he's going to take off from what remains, shani al-sid lamud, nousun is given to Akiva bin Yosef, kadei, so that she is kept by Laniyam, so he will, he was like the gabai for the staka, the charity collector, for the poor people, he will take it on behalf of the poor people. Ume kaimai muskarloy, and the place that it is currently situated on, is hereby rented out to Kube and Yosef. That's the end of the teneic source. Now, none of them are anywhere near the field, they're based on a boat, probably the middle of the Mediterranean. Vihi, Rabbi Yeshua and Rabbi Akiva, bizat, sadeo, shabam leel, haiyu, imedim, were they standing right there next to the field, not at all. And yet, the sada apparently is that which is the means by which they acquire the myserisha, myser, shani. That is Rabbi Abba's question on Ula, Ula was the one who said that, no, it's only when you're like standing right next to the field, and here we see they're not next to the field at all. Amarleisa says, Ula, back to Rabbi Abba. It's an interesting response. Dummy hai mirabanan ke de loy gamiri inshish myser. This rabbi here seems to be like somebody who's never learned in Yeshiva, like no one's ever taught him anything. It's basically a very significant insult. Now, the Gamartasan explained itself, because as the war continues, probably, and I'm going to assume this, that the approach that we see in about 15 lines from now is the approach that he was taking. But he was not, Ula was not at all impressed with the fact that Rabbi Abba brought that to Nate's source. We'll see why again in a little bit. Kiosa la sura, so now Rabbi Abba, who basically was like blown off by Ula, that's not even a question. When he came to the city of Sura, Amarlehu, he reported to the other rabbis there, Haqiyammar Ula, is what Ula said, the Haqiy, Oisvisa, and this is what I tried to bring as a question on him. Now, we're going to have a few of approaches of what they said back to him. The first approach, Amarleha humirabanan, one of the rabbis, we don't know who or it doesn't report who was, I circled the humirabanan and I put a number one in the margin and circled it. And about nine lines later, first word on the line is alimtah in the middle line is rapapa. I circled rapapa and I put a number two in the margin and circled it. So we're going to have a few responses to this issue. The first is Amarleh said to Rabbi Abba, one of the rabbananan, Rabangamlil. What Rabangamlil was doing on the boat was metaltally Agavmikarki hiknalahim. The metaltal in the moveables, which was the grain. It was the reason why he had rented them. A little bit of the land was because Agav, like as a secondary issue to the land, he was giving them the metaltal which would be the grain. Kama, Rabzera, who I half-boxed, Kibla. Rabzera was fine with that answer. However, Rabbi Abba, who's had a difficulty with this for a while, I half-boxed Rabbi Abba. Lo, Kibla, he was not happy with this approach. Amar, Ravainal, and Ravain, Ravain, are basically to defend Rabbi Abba that he shouldn't have been happy with this approach. Shopir of it, that was actually a very good thing that Rabbi Abba didn't accept this as a valid answer. Shopir of it, it was good that he did to like Kibla, didn't accept it. The hilayaha'i, alahim, sudir, liknaise minu bakhalipin. One second, what's this? Along with the land. They didn't have like a handkerchief, like everyone has a handkerchief, or a crosspan, or like something that you could do a Kenyan chalipin. Now, if they definitely had that, and they weren't able to do a Kenyan chalipin to have it acquire the first ten, the first time, the second time, it must be because Allah ta'vaz hana'a. You're not really getting something totally as a gift from A to B, it's rather it's the benefit, the benefit from the thing that had to be given. Anyway, that's not considered full-fledged mama'an. Tovazana aina mama'an, liknaise minu bakhalipin, to be able to use these far-fledged kinyanum to acquire it bakhalipin. Hahanami's so too here, the mise region mise rasheni is more of a tovaz hana'a, and we know tovazana aina mama'an, it's not considered a real enough total asset, liknaise aga bikarka to acquire it aga'v, or because of the land. Okay, and the question on Ula remains, however, the kamara turns around and then says, "Vilohi," that that's actually not the case. Here's what's going on. Matnis kahuna, the gifts of the koa'an and the laivi, the mise region, the mise rasheni, those mata'an and nessina k siva behu. It says in the pasuk, "Vinatata la laivi," you have to give it to the laivi, and then liknaise minu mama'an, that's the mise rasheni, that's why it's user to, so to speak, give it over to them, along with the lifting up of a cross pen or a kerchief. However, and I underlined here, metaltalin aga bikarka, if it's regular old metaltalin, that a person is trying to give over to somebody else, along with land, nessina alimtah, he, that's a full-fledged good nessina, and therefore, the question on Ula falls off. Rofpapa, who I circled, Rofpapa is saying, really, when Ramonam Leel was giving us over to them on the boat, he was giving it over to them, aga of the hotzer. However, why is it working over there? Because it's a big distinction to be made between when somebody's trying to acquire something, let's say, from Hefger into a hotzer, as opposed to when there's a daas aheris, when there's another person of intention, who is giving it, actively giving it over, attempting to give it over. Rofpapa says, what's going on in Ramonam Leel is daas aheris makne san shani. It wasn't that Akiva Ben Yosef or Revu Shua were acquiring it from Hefger, they were being given it by Ramonam Leel. Ramonam Leel is the daas aheris, the other party makno is trying to hand it over to them, and that's different. Okay, Umanatim, Rofo, where do we see that there's a distinction to be made, whether you're just acquiring something from Hefger, as opposed to acquiring from something from someone who's trying to give it over to you? Well, it's not. They put a long point marking in the margin. This point that Umanam Leel is making is going to take about six seven lines to develop. It's not. And here's our mission. What did our mission say? I put the right angles in. Oh, you son, Rotsenacharmizia. If you saw other people in your backyard and they're they're kind of running towards a mitzi to try to acquire it, that's the end of the quote from our mission, connective. Amrabiirmi, Amrabiokhanan, Fuhusha Rotsacharan Umegion. It's got to be that this person has the ability to run out there, whatever it is that item out there, and reach it. And he would be able to get it. And even though he doesn't actually get off his his bottom and and and go and get it, since he could, that's good enough. Ooh, boy, Rofoirmiya. Rofoirmiya asks, well, okay, that's fine if it's a mitziya. Um, what about Bematana Hef? Let's say it's actively being given by someone else to this person. And it's out in the field. Um, Kibla Minay, Rabbi Ababa Bar-Kahana. So, Rabbi Ababa Bar-Kahana, he accepted. He accepted the question as being a valid question, and he answered, "coma connector." Oh, if it's a give this being given by somebody, that that would actually be a valid Kenyan. Afa al-Pisharasakaran, vet-ain. And I double-under the word "ve-an-mogion." In that case, the field owner would acquire it, even if he tried to run after, let's say the deer, and would not be able to get and reach up to it. Still, since it's in his Khatsar persons, Khatsar can acquire a maitana. So, we see a big difference between whether it was a mitziya or a maitana. And a maitana, by definition, has a giver. My time, what's the reason? L'amishum, is it not because that giver is a das ajeres. It's another party to take into account in the equation, and it's maknoisun giving it to them. That shiny, that makes a big difference. Kama. Amalirif shimmy, I'm Alainirif shimmy, Rifshimmy says to Rupapo, Haraigat, well, one second. You're telling me if there's a das ajeres that should be like easier for the person to acquire it. Well, what about if you have a husband and wife, and the husband has a divorce document? He's a das ajeres. Vaharigat, you have a das ajeres maknoisah. Yet, Vahmarulah, Uluid, said that the woman who has the get by her husband placed into her, let's say, next to her house, or next to her in her concert, it's got to be that she's there at the time. The who, showing me this, the case is where she, the woman who's going to be receiving this divorce document, is their bit side base, or bit side Chassera. She actually has to be there. Now, that's interesting, because in that case, there's a husband who's a giver, and we had to been saying, I'm telling you, you have a, a, a bandaz who's actually giving it to the other person, that should require less that the person's receiving it has to actually be by the hot sir. Well, the Gomorrah answers. There's two answers. One is over here. One is on the middle of the bottom line. The first answer is, you see, a get is different. Again, it's different because, unlike most gifts, a divorce document, de ise bal carja. The husband on a certainly on a tour level is able to actually give it to the woman against her will, whether she wants it or not. So, one second says the Gomorrah mosque, give law, rifshat, a sprainer of eddy. Shouldn't it be a calva chaimer the other way? Valav calva chaimer who? Colin. Uma get, if we see the president, in case of a get, we're, essentially, the husband can force it onto the woman, de ise bal carja. Yet we say for it to be a good get, if he places it in her house or in her hot sir, only if she's standing right there, will it work? I mean, if it's not based, or bit sad kastere in, yes, that's when it works, elo, elo, but if not not, and if that's the case over there where he can actually force it on her, matana, that a gift where it's only medate, that a person, you can force a matana in someone, it's only the person agrees, like Colshekane, that they would have to be there right next to their their house or their house or their field, if it's going to acquire for them. Elo, so we come on to a second answer. And with this, we're going to conclude this year, a la amaravashi, anonaravashi, hot sir, isra boi mishum yad, velo garamishli hoos. That which a person's courtyard is able to acquire from them is something that is included as like an extension of the person's yad, just like you could put something in a person's yad in the acquire, so to person in person's hot sir, but it can be no worse than a shaliach that you would send, like an emissary or someone to do something for you. And here's where it makes the difference, colon, a and b, a, and what I'm going to get when it comes to a man who's trying to divorce his wife by giving her the divorce document, the overall approach is that for a married woman to receive a divorce, it's a net negative for her. And therefore, since it's a hoiv hula, in general, you can't do something that is detrimental to a person if they're not even there. Aim havin law, don't we do not do things that are negative to a person ella befana, if they're there, and that husband has lots of divorce, or he could divorce her, but it only has to be in her presence, whereas kamagabe matana, when it comes to a gift, I don't know why kamagabe matana, this is b, when it comes to the giving of a gift, that's basically a net positive, like something I didn't have before. Now I do have a dizahusulai, that's a net positive for the one who's receiving it. Well, we know the principle is a little bit different, that when you're doing something that is a net positive for a person, you can actually transfer it to that person, even if they're not there. Zachamah Adam, you can give something over to a person that's a net positive for them, shalai befana even if they are not there. That's the difference, period.com.