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Previous daf Bava Basra 48
BAVA BASRA 48 & 49 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) [line 1] "YAKRIV OSO [LI'RTZONO]" - "He shall bring it (the Korban)
[according to his will]" (Vayikra 1:3) - The words "Yakriv Oso" teach that
Beis Din must make sure that a person brings the Korban that he pledged to
bring (the words "Yakriv Oso" are otherwise extra, since the verse already
stated that the person must bring his Korban, "Yakrivenu"). The word
"li'Rtzono" teaches that even when being forced to bring his Korban, he must
bring it willingly.
2) [line 1] KOFIN OSO - we force him
3) [line 4] KAPARAH - atonement [achieved by bringing a Korban that one
vowed to bring] (KAPARAS OLAH)
(a) A Korban that is brought as a voluntary sacrifice (Nedavah) provides
some measure of atonement. As such, our Gemara cannot prove that Talyuhu
v'Zavin, Zevinei Zavin, since a person who is forced to bring a Korban
Nedavah benefits in that he achieves some measure of atonement.
(b) The Rishonim differ over the exact atonement afforded by a Korban
Nedavah. 1. The Gemara in Zevachim 7b explains that an Olah atones for
having failed to perform Mitzvos Aseh. The Gemara (Zevachim 6a) states that
this atonement is only provided "mi'Kufya," (lit. in a superimposed or
secondary manner). According to the Ramban (here) this is the Kaparah to
which our Gemara refers. (Perhaps every Korban Nedavah provides some form of
Kaparah mi'Kufya.) 2. Alternatively, TOSFOS (here DH Yakriv) writes that the
Gemara uses the word "Kaparah" loosely, meaning that the person benefits in
that he has fulfilled his vow to bring a Korban and will not transgress the
sin of not fulfilling his Neder.
4) [line 5] GITEI NASHIM
(a) The Torah states (Devarim 24:1) that if a man wants to divorce his wife,
he must write a Sefer Kerisus (a document that cuts [the bond between them])
and hand it to her in front of two witnesses. In the language of Chazal,
this document of divorce is called a Get (pl. - Gitin).
(b) The man must give the Get willingly. If he is forced to give it, the Get
is not valid.
5) [line 6] MITZVAH LISHMO'A DIVREI CHACHAMIM - it is a Mitzvah to listen to
the words to he Sages (GITIN: MITZVAH L'GARESH)
There are various instances where the Sages rule that a husband is required
to divorce his wife. Some examples of this:
6) [line 9] GET HA'ME'USEH - a forced Get, where the man was forced to give
his wife a Get
- A man who is a leper (Kesuvos 77a; see Background to Kesuvos 77:4).
- A man who emits a bad odor through his nose or who has bad breath (Kesuvos ibid.; see Background ibid. 77:5)
- A man who upholds his wife's vow not to eat a certain food (Kesuvos 70a).
- A man who upholds his wife's vow not to use a certain perfume (Kesuvos ibid.)
7) [line 10] CHOVTIN OSO - they beat him
8) [line 16] TOLAH ATZMAN B'YAD AKU"M - she will hire (lit. make herself
depend on) a [tough and violent] Nochri [to beat up her husband in order to
force him to give her a Get]
9) [line 17] MAFKA'AS ATZMAH MI'YAD BA'ALAH - and she succeeds in removing
herself from her marriage
10) [line 26] MEIMRA HU - a statement of the Amora'im
11) [line 2] LO ARTZI ZUZEI - where he did not count the money
12) [line 3] LO HAVAH [LEI] L'ISHTAMUTEI - where he did not have any way of
putting off the deal, such as saying, "Wait until tomorrow" or "Wait until I
ask my wife"
13) [line 10] V'AFKE'INHU RABANAN L'KIDUSHIN MINEI - and the Chachamim
uprooted the Kidushin [retroactively] (KOL D'MEKADESH A'DA'ATA D'RABANAN
(a) Under certain specific circumstances, the Rabanan "uprooted" Kidushin
which were valid mid'Oraisa in order to protect a man or woman from the
effects of a Get or Kidushin that might cause them permanent torment. The
reason the Rabanan are able to uproot Kidushin in this manner is because of
the principle of "Kol d'Mekadesh...." This principle teaches that every man
who is Mekadesh a woman (by means of Kesef, Shtar or Bi'ah, see Kidushin 2a)
bears in mind that if (either at present or in the future) the Rabanan do
not approve of his Kidushin, it should retroactively (see Insights to
Kesuvos 3:1) not be valid. (Even if a person claims, or announces, that he
is an exception to the rule, and he does not have in mind such a condition,
it makes no difference -- RITVA to Kesuvos 3a.) It is for this reason that
we announce, upon effecting a Kidushin, that the Kidushin is being done
"k'Das Moshe v'Yisrael" (i.e. in accordance with Torah law and with
Rabbinical enactments), as Rashi and the Rishonim (ibid.) explain.
(b) The Rabanan only retroactively uprooted Kidushin with the principle of
"Kol d'Mekadesh" when a man gave a Get (divorce document) to his wife but
for some reason it was not valid mid'Oraisa. When no Get at all was given,
though, the Rabanan did not retroactively uproot the Kidushin (RASHBA and
Rishonim ibid.). According to some (RASHI Shabbos 155b), the Rabanan also
uprooted Kidushin (when necessary) in cases where evidence was presented
that the husband died but the evidence was not acceptable mid'Oraisa.
(c) Sometimes the Rabanan saw reason to annul the Kidushin from its onset
(that is, for the future, as opposed to retroactively) because the husband
effected the Kidushin in an unjust manner. In such cases, they annulled the
Kidushin even though no Get at all was presented. According to some, it is
not even necessary to evoke the principle of "Kol d'Mekadesh" to revoke the
Kidushin in such cases. Since the husband acted unjustly, the Rabanan were
able to revoke his Kidushin by "overriding" the Torah law. (See Yevamos 90b,
and TOSFOS Bava Basra 48b DH Teinach.)
14) [line 14] A'KINARA - (a) in a Kinara tree; (b) with regard to a Kinara
tree [that Tavi wanted to buy
15a) [line 15] MODA'A
Moda'a is a legal declaration, made in front of witnesses, that a sale or
Get that a person is about to enact is going to be made under duress, and
should not take legal effect.
b) [line 15] ASHKALTA - a document of sale
16) [line 15] MAN D'CHASIM A'MODA'A, SHAPIR CHASIM - the ones who signed the
Moda'a, signed legitimately, [and the Moda'a is valid]
17) [last line] AMANAH HAYU DEVAREINU - the document that we signed (lit.
our words) was written before any loan took place; the creditor intended to
use this document in the future. The debtor, however, already put a lien on
his properties should a loan take place (RASHBAM, RASHI to Kesuvos 19b).