Archive.fm

Gemara Markings Daf Yomi

Bava Metzia 12

Duration:
27m
Broadcast on:
11 Mar 2024
Audio Format:
mp3

Yud Beiz Ahmed Allah, from the 4th line, the 3rd word, Gufa, we put a parallelogram on the Gufa. Gufa is when the Gufa goes back to something it had said previously. What it's going to go back to is something it had said about 14 lines from the bottom of Yud Allah from the base. According to the Mishnah, Ra'a is on Ra'a, Hamizia, a person sitting on his back porch and looking over in his backyard and he sees people running after a Mitzia and all this next 5 lines we saw already, Amrav Yumiyyah, Amrav Yohannan, the who the case is that he has to have. This person is back porch to the ability if he wanted to Shirazah, Hari-Numiyyah, and then he would catch up to them and catch up to the item and question. Rabbi Yumiyyah asked, let's say it wasn't a Mitziya, but boy Rabbi Yumiyyah, Bimatana Hei. What would we say if it was actually something that was given by someone else? There was another person, a no-sane. Hmm, Ki-plumiyyahir Bababar-Kahana, Ra'a-Kahana accepted it as being a very valid question. What would we say there? Well, I'll tell you what, Afa-Pishur-Asakhar and Va'ain-Mighion, even if the person whose land this is would try to run or catch up to whatever that was and he wouldn't be able to get it. Still, his land would be able to acquire it for him because there was a giver. Okay, that we had said earlier. Now, Boyi Reva, circled Reva, Reva asks, "How about this case? Imagine this. Zaraq Arnaqib, a Pesach-zev, Youtub Pesach-Achir-Mahu. Imagine if you have a person in a relatively small house, he's got his front door open, he's got his back door open, they line up with each other and somebody has like a pouch of money and he's mafia to, you know, whoever the first one to get it is and he throws it through the front door and it goes flying through the house, through the back door, out the back door to like kind of lands on somebody else's property. What would we say there? Do we say Aversh-Ain-Soflanu-Acha-Munach-Dami-O-Lo? Airspace that it did not come to rest and is it as though you could look at it as though it kind of came to rest and therefore it would be whoever's house is getting thrown through that would acquire it or maybe not?" Well, Amr-Lei Reva-Pup, a circle Reva-Pup, a repup that says to Reva, the Amr-Lei, those who say it was Adabar-Maznu said to Reva, the Amr-Lei, those who say it was Ravenu said to Reva. One second? Isn't this our mission? The mission we just had most recently above Mizzi, a love Hainu, Mas-Neeson. What was our mission? And here we'll go through again the same five lines. The mission had said, "Rah-Oi-san-Ras-Ain-Ras-Ain-Acha-Mizzi-Ai, have a Percy send in his back porch is looking into his back yard and he sees people and they're in his back yard and they're chasing after some sort of lost item. Connective Amr-Ab-Yermea Amr-Ab-Yer-Ab-Yer-Hann-Vihu, it's got to be the guy in his back porch if he's going to declare that he wants to acquire it, that's got to be that theoretically if he wanted to, Pusher-Aas-Ain-Ras-Ain, if he wanted to run after Uma-Gian and he'd catch up to them and be able to get that thing, Uba-Yer-Ab-Yermea, and then Rabir-Meea asked, "How about if it wasn't a Mizzi-A, like a lost item?" But rather, Am-A-Tana, if it was actually a giver who gave the item and plopped it into this guy's back yard, hey, what would we say? The Kibil-Ain-Meea-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Ab-Yermea, excepted that as being a valid issue, Bimat-Tana and the conclusion was that if it was a gift, meaning someone had given it, Af-A-Pisher-Aas-Ain-Vihu-Ain-Meea-Ain-Meea-Gian, he would be able to acquire it even if he wouldn't theoretically be able to run up to wherever it was and catch it. And therefore, so to hear, if you have something that's kind of like rolling through his back yard or moving through his back yard, even something that's rolling in, and it's not going to ever come to rest in his back yard. And we say, though, that his Sada will acquire it, then so too, basically, by the Aavir, even though it's flying through his airspace, since it will not come to rest, shouldn't we conclude that the airspace of his house would be yes kona-ed for him. That's the way Repup wants to look at it. Well, Amral-Ai-Rava, I guess it's back to Repupa. No, you can't compare those two cases. If you have something that's rolling or moving through the back yard, well, that's different because Shiny Miss Gal-Gal, Dick-Hemunach-Dummy. When you have something that is on the ground, it might be rolling through the ground, it might be walking on the ground, but it's still touching the ground that's different than something that had exclusively been flying through the airspace, period. So as the Mishnah, the things that are found by a person's young or, we'll say, maybe, small sons or daughters, as well as the Mitzi-S Aavir Shif-Khasa ha-kenanim, things that are found by his male or female Gentile slaves. Or Mitzi-S Aavir Shif-Khasa ha-kenanim, or Mitzi-S Aavir Shif-Khasa ha-kenanim, or Mitzi-S Aavir Shif-Khasa ha-kenanim, or Mitzi-S Aavir Shif-Khasa ha-kenanim, or Mitzi-S Aavir Shif-Khasa ha-kenanim, or Mitzi-S Aavir Shif-Khasa ha-kenanim. So as a female Gentile slave, it's basically a Jewish owner owns the goof of that slave, so certainly anything that slave finds goes to the owner. And as far as the wife, it's a Takanarabannan because we don't want Ava, we don't want a disharmony that if he's doing all these things to support her and she finds something that doesn't give it to him, and therefore it goes to him. Slash, however, on the flip side, if it's something that is found by Mitzi-S Beno-Yubito-Hagadole, if something found by his adults will say, or his big sons or daughters, or Mitzi-S Aavir Shif-Khasa ha-kenanim, something found by his male or female Jewish slaves, which a person can have a Jewish slave also, it's different, you don't actually own the body of your Jewish slaves, you just have them to work for you. Or Mitzi-S Yishdoy, something found by a person's man's wife, Shigir Shif-Khasa, he divorced her, Aavir Shleyna-Sang-Suba, even though he hasn't even paid the Ksuba-Hare-elu-Shallahan. All of that, those categories are people that they keep the things that they find. Amr Shmuel, I circled Shmuel and put a Roman numeral I in the margin, and on Amrud Bay's on the fourth line, I circled her Kia-Barabann, put a Roman numeral II. They have two basic approaches to the following issue. Shmuel, Naima Amrud, why is it that they said that a Mitzi-S cut on Aavir, that a young one, things that he finds, go to his father? Well, here's why. Shibesha-Shim-Waitzoon, a little kid, finds something, a little boy, and the Ritza-Aitz-A-Lavir, if he automatically runs to his father, the anon-a-ar-biyad who doesn't even hold on to it, he basically runs with his father and gives it to him, which is almost like from the moment he lifted it up, it was for his father that he found her. Hey, Dan, look at this, look what I found, hey, check this out. Okay, that's what Shmuel says, and that's why the kid would not acquire it for himself when he lifts it up. Asks the Gamar, the member, is that to say, and this is a question we're going to start now, really goes down about ten lines or so, till first words on the line are "Malake't Akharav". So, is that really to say the member that Shmuel is of the opinion, and I know in Shmuel's name, the Shmuel who started the Gamar with, is of the opinion, that cut on Lace-Lace, the heel and afshimidah, that a child does not have the ability to acquire something for himself on a Torah level? Really, that's what Shmuel holds, so we'll see from the next 9-10 lines that doesn't seem like that. The Hatanya, but yeah, we have a price, so this price goes for three lines, I boxed it off, starts here, and we're going to see a number of opinions, including the Tanrib Yossi. So, if somebody hires a worker, like an hourly wage and has the worker work in the field, you lack it for that worker's son, is able to gather up the little forgot and stocks of grain following his dad. And if, however, the relationship between the Balabas and the worker, is the worker's actually a sharecropper. Lemexal Ashishravia, who gets like, he does all the work on the field, and he gets to keep you, let's say, half or a third or fourth of the grain or the proceeds. Lohilak ibn Akrav there, his son cannot follow him and collect the forgotten little pieces, because if the arrangement is that the father gets like half or a third or fourth of the produce, well, he's not a poor person anymore. He's a alshir, a halacha alshir, and the reason why the son shouldn't be able to collect like it after him is because the son automatically gives it to the father, and the father's not entitled to it. That's according to the Tanacamba. Now, Rabiosi, who we boxed, says no, Benkaf, whether the arrangement with the worker is like an hourly wage, or whether he's a sharecropper, that he gets, let's say, half a third or fourth, whatever percentage of the field, you lack it for that worker's son or wife would be able to collect the locket behind him. Okay, now, what does that have to do with us? Because that's the end of the Tanac's source, connective arm, or schwoll, underline schwoll's name, the halacha is like Rabiosi. Hmm, that even if the person is a halacha alshir, because he's got, let's say, half of the person in the field that he's going to get, then how could it be that the son, if the son doesn't, according to schwoll, have ability to collect the locket. So, if you have ability to acquire anything, Midarisa, well then it's automatically going to the father, it shouldn't work. So, Iamris, I squiggled under the Iamris, and two and a half lines later, I squiggled underline the Ella Iamris. So, let's see the two sides. So, if you want to see Amris Bishlama, if you want to say the following, all is fine and dandy and works. Islés Ochilinafshe, Midarisa, that a cutscene, oh no, when he lives something up on a toral level, he is able to acquire it. Well then, ki kam melake, when you have like the little kid following with his dad, his dad is working in the field, and the little kid is collecting the little pieces, le nafshe kam melake, he's connecting it for himself. Vavu amine kazakhine, and if he happens to give it to the father, the father's getting it from him, in other words, from an entity that had already acquired it for himself, and that's okay. Ella Iamris, if you're going to say however, when we squiggled under the Ella I, if you're going to say however, cutscene, lés lés Ochilinafshe. Oh no, on a toral level, a cutscene doesn't have the ability to acquire anything for himself. Well then, what's he doing when his little hands are picking up the stuff behind his dad, ki kam melake? Of if kam melake, he's basically doing it almost in his accent, almost like a third arm that his father doesn't have as that's collecting it. Vavu a, the problem with that is, the father, if he's like a partial owner of the field, or at least partial owner of the produce of the field, he's an Ausher. And as Ausher, just like the owner of the field himself, is not allowed to have his kids come and take them out of his name, so too, in this case. Amai, and Gomura concludes the question that we're asking Shmuel, "Why should it be then Amai?" Isto y beno y malakadakurov, "Why would we allow, according to Rebiosi, the wife and the sons to collect after the father?" So, the Gomura clarifies that when Shmuel, in the opening line of the Gomura, had been discussing something which sounded like that he said that a kat and does not have Zukil and Ashimidar Reisa, that was in his own opinion. He holds like Rebiosi Shmuel, that is, but when Shmuel said what he said coming off the mission, that was commenting on the mission, but Shmuel wouldn't hold like it. Shmuel, taima de tannadidan, which Shmuel was doing on the first two lines of the Gomura, was giving the reason of the tenaic approach of our Mishna kam, our valet, however he himself, Shmuel, Lostrila didn't agree with it. He, Shmuel, that is, would agree with Rebiosi, doesn't stop him from explaining, though, what the tan of our Mishna would have held, but that's not Rebiosi. Okay, so then, does Rebiosi hold that a kat and has the ability to acquire something on the Tora level? The Suva Rebiosi, I put a question marking in the margin here also. This one goes about five, six lines. Does Rebiosi, the boxed tana that we had about eight, nine lines ago? Does he really hold kat and his laesu kiami der eisa, that a minor has the ability to acquire something for himself on a Tora level? Vaht snan, but we have a tanaic source that would seem to indicate otherwise. The tanaic source goes for two lines, plus a word, starts here. Mitziyya Skarashayjevikotan, things that are found by a deaf mute, by a insane person, or by a kat and we're going to want to focus on the kat and squiggle underlined kat and. Yeshba henmishum Gezel, that if someone comes along, some other guy and snatches it away from them, there would be, he's considered a thief named archaic shawlaim, because if you don't have that, then there's a lot less peace and harmony in communities. Rebiosi, who we boxed, and we're going to want to focus on Rebiosi. Rebiosi, Omer, he says Gezel Gomor. It's full-fledged thievery. Now, what does that mean, Gezel Gomor? That's the end of the snake-sourced connective Omer of Christa. Gezel Gomor equals midiveryhen, and I double enmityveryhen. The Gezel Gomor means full-fledged midi-rebonon gazela. Okay, that is the case. Now, what difference does it make if it's Gezel midi-rebonon, because it's archaic shawlaim, or Gezel midi-rebonon, as Gezel Gomor? Well, the Naftkamina would be, almost parenthetically, these four words. The Gomorah notes would be La Huxia-Bittanyanen. Would the case be able to be brought to court? If you say it's Gezel Gomor, midi-rebonon, yes, it would be if it's the only dark case shawlaim, which would not be able to bring to court. That's the end of the, like, sort of Gomorah little interruption for half a line. Ella! So I squiggled her in the Ella, Ella Amara Baye. I struggled to Baye's name. And then on the bottom line, directly below this, I squiggled her in the Ella and circled Rava's name. We're going to have a few approaches here to clarify the issue. Ella Amara Baye. What's going on here? Asuhuha kimisha ha'al kubana musheis. That, the case of the khatan is where they view this particular field, the khatan following his father. It's as though the na musheis, the na musheis are, like, the older people, or the people who laid in the harvest to check a field that's already been harvested. And once they came and went, like, there's no one feels that this would be anything of any value worth going into that field for. So we're going to make this field, even though it isn't that late in the season. It's as though the na musheis were already there, kama connector, because Anim, gufai hu, mas lidatai hu. Even the poor people themselves, they kind of, like, remove their intention or focus, so we would simply be, like, give up hope of getting anything from that field. Savri, and they figured, because, oh, man, there's Maishin, he's got his little kid, Chaim, following along. Savri, bray dehei, m'lak tilei, you know what happened? He's the guy, and he's got his kid with him, and his kid probably is taking everything that there is to take. So we are going to have a hessa khatas, we're going to be macea khatanu from that field. [SINGING] You can't do that. Literally, as a person allowed to have a lion crouch right near his field. So other people will see, and they'll be chased away and won't come. Like, how does that work? The fact that this worker has his son there, and therefore, nobody else is going to come. That seems like there's got to be another underlying issue going on, and there is. Ella. So we're squiggling around the Ella and circled Rava's name. Alama Rava, asu. Shayna Zaycha ke Zaycha. The rabbinical establishment made one who is not really able to be Zaycha. Not able to really acquire something, so he is, yes, able to acquire something, like a minor, who doesn't really have rights or abilities to legally acquire something. Here, they made it as though he does. Now, how could they do that? Why did they do that? My time, huh? Well, here's the reason why, because the world of poor people would agree with that approach. Anim Gufayu, Nihuluhu. It's good. It's acceptable to them. Why? Because Qihihihihihihihihihihihihihihi. This approach that we started with when we started the Gomorrah was Schmul. Anim would all live in counter distinction. It's different. It's not like what Rava said. Why? We had circle his name already with a Roman numeral II in the margin. When the mission talks about a god or the cotton, we were harping on what's with the cotton. It doesn't mean above bar mitzvah, below bar mitzvah. Low god or I put god or right angles, god or mama. It's not talking about an actual adult. The low cotton, when it says cotton, it's not cotton mama. It's not talking about a Hawakah child. Rather, it's more financial independence. Eli, squiggle under, and the Ella will have A and B. If the person might be 15 or 18 or 20 or for that matter 37, but he's still totally reliant on his father to support him, Zeo cotton. That's considered a minor. In other words, that's a financial minor. He's never, so to speak, grown up to take charge of his own financial responsibility. Be if the kid is a literally a cotton. He could be like 10, 11 years old. But he's financially independent. He is not reliant on his father's household to support or sustain him. Zeo, who god or? That would actually be considered a god or. If a person has a Jewish, a male or female or a female, or a female slave, and they find something, they get to keep their findings. Asks the Gomara, one second. Am I? Question of a comma, why should that be? Lo yaje, Ella Poel. Why don't we view a person that's a male Jewish slave, like a Jewish worker? Vitania, and what do we know about the Jewish worker? So here's a tinek source. Goes for about three and a half lines and starts here. The Mitzias Paella Atzmai, if a worker finds something, well they pocket it. They keep it for themselves. The Medjvar Morm. Now, when is that? That's Bisman Shah-Marlay. That's only if the boss had said to this worker, quote, nacheshimihayyam, or adora imihayyayyam. I need you to weed with for me today or ho for me today. In other words, a specific task. That's when we would say that if that worker finds something, they get to keep it. Avall Amarlay, if the worker is working and had a much more general command of what he was supposed to do, like if the boss had said, "Ase imi melocha hai, hai mais quillenai melocha." "You're going to be working for me today?" Well, if that's the case, if you find something Mitzias Paella. Le baal habias. The boss gets to the lost items that the worker might find. But yet the missionists seem to indicate that the avatar show for themselves gets to keep the things they find. So, what do we say? Well, look at what has three answers to this. Here's Rifq Ybaraba is the first, and we'll have Rava a few lines below that, and then Rif papa. So, Rifq Ybaraba says, in the name of Ybar Ybar Ybaraba, "Haha," that in our Mishnah, "be eved maketh Margolius es kinen." We're actually referring to a eved ivery. We've got a very specific skill. Literally, he is a pearl hole maker. He's the one who makes the very delicate holes through the pearls. We're going to call him a diamond cutter. That's what he does. Le chnoise le malacharris, where the master of this eved really does not want him doing anything other than his expertise. And therefore, the master does not want him, if he happens to see some sort of lost item, to pick it up. And if it does happen, that the guy picks it up, it's sort of like on his own dime, so to speak, he gets to keep it. The eved that is, he'll have to compensate, of course, the boss for whatever, I don't know, three minutes or five or ten minutes of his time that it took. That's the Rifq Ybaraba approach. Rava, who we call the number two approach, Omar. The case here has been made by Mitziye, Emelach Daskina, let's say this guy's job is to pick things up off the ground and, I don't know, pick up grain off the ground. And oh my goodness, look at that. There's a little valuable nugget of gold there. So, that's the case of where it seemingly takes no time off of the work he was doing anyway. And the third and last approach is brought by Rava papa, Omar. You know what he's hired to do? To find Mitziye's, like a beachcomer. Here, take this, well, these days we'd say, take this metal detector and comb the beach, and that's what he's hired for. Now, they didn't have metal detectors in those days, so if a H.E. dummy doesn't want to know what would be an example of this. Well, that Afkiagmabik, however you imagine it was a better old, some sort of pond that had a lot of fish in it and overflowed. And then there were all these fish that were out of the pond, so that's what he's being hired to do. Hi, Shifra, H.E. dummy. Nusoghe, when the Nish was talking about a female Jewish maid serving who might find something. Now, what exactly is the case? It's colon. E.I. squiggle on Lord E. If you want to say Daisish J. Sars, that this young girl has already grown to pubic hair. She's basically a legal adult, then why is she still with her master? My bio, Gabe. Basically, she goes free from the master with J. Cyrus. The E.I. squiggle on her, and this would be E. The E. De Loaish J. Sars, if she hasn't yet developed that stage where she's got pubic hairs, then it depends. Is her father still alive or not alive? E. I call this A, and we're going to be in a minute. E. E. Selaav. If she's got a father, well, then all along, the Mitzias that she might find would go to the father. Daavua Havya. Okay. Goes to her father, and that's something that's right that the father retains. E. B. On the other hand, E. de la Iselaav. If for whatever reason that's your father got hit by a bus last year, literally, she doesn't have a father. Well, then, tape book B. Misesaav. She should have already been free when her father died. How do we know that? Comma connector. Da Amre Shlokish. Da Amre Shlokish. Ama Yivria. Kana Asba Misesaav. Mire Shlokish J. Saaav. Doy mikavahagur. That a girl who was Jewish was sold into servitude. She will acquire herself or her freedom from her master, B. Misesaav. If her daddy dies, Mire Shlokish. And that is mikavahagur. Misesaavahagur. That it should work. Okay. Now, that's all based on Rishlokish, as we had underlined his name two lines ago. So, the Gomoris says, well, the love, eatosive, Rishlokish, who didn't we like? Shlok up Rishlokish and Misesaav. Rishlokish and Misesaav. Rishlokish and Misesaav. Rishlokish and Misesaav. Rishlokish and Misesaav. Rishlokish and Misesaav. What Rishlokish is discussing? So, the Gomoris clarifies? No. L'Aulam di Isaylaav. That this girl has a father. The father sold her as a Ami. Vrya. But she has a father. Umay. What do we mean when we say? Hirei Hain. Shlokhain. It belongs to them. Even though we're talking about a Jewish slave girl. It doesn't mean them like the Jewish slave girls. It means someone other than the master. Lafuque de Raba. So, whether the Jewish slave was going to be able to pocket herself or whether it goes to her daddy either way. It doesn't go to the person you might thought it went to, which is her master. The Misesaav said Misesaav thinks that a person's wife finds. And then we had that interesting case where she's received her divorce, but not yet her exuba. So, one second, she's divorced. Of course, she keeps the things that she finds. Ghirshah. Pshita. That she should keep anything that she finds at that point. Well, Sanso Pasha explains the Gomorisha Klamayaskinan here. What is the case? Maghresha's fain of Maghresha's. It's one of those suffix cases. Let's see, he threw her a get and maybe landed closer to him and maybe landed closer to her. It's not really clear. Okay. Damar Abzera. What does he say about a Maghresha and Maghresha? It was something, whatever the scenario was. It's where the Khachamim viewed her as being sort of divorced, but sort of not divorced. Komok and Shamur Khachamim, wherever the ramp I say, Maghresha and Maghresha's. Bala Khayyabim is a naysaav. Her husband is still her. You know, her ex-husband or her possible husband, but the man that she was living with as husband and wife is actually Khayyab still responsible to be paying her weekly supermarket bills. And because of that, that's what we have to be told that she keeps going with Siyyas because, like, when she's married, her husband gets whatever Mitzi she finds because her husband's supporting her. Well, here the husband's still supporting her. Kind of like they're suffering divorced, but not divorced. The time of Mayamur Abana, now why is it that the rabbis have said in the first place? That when you have a regular, happy, married couple, things that the wife finds go to the husband, Mitziya Siyishul Abala? Well, Kihi Khayyab is related to Havela. Ava, so that it won't have a relationship or an atmosphere of hate, of disgust or dislike. We don't want that. We want her to come home and say, "Hello, my husband. This is what I found here. It's yours." Well, here, what was our case? The way we described our case was, he had given her again. It was just a suffix. It was a divorce or not. We wanted to do everything to encourage them to separate in that case, meaning for the husband to write out another divorce and give it to her. Vadai Haqah is lay eva-va eva. It's law eva-va eva. We want that disharmony in the relationship to encourage the husband to, I guess, in this case, write another get and give it be vadai to his little lady, Adkhan.