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Bava Basra 55
1) [line 9] ISHTA'I LI - [Ukvan bar Nechemyah Reish Galusa] told me
2) [line 9] REISH GALUSA - the Exilarch, the temporal leader of the Jews in
Babylon
3) [line 10] (ARISUSA) [ARISAN] D'FARSA'EI AD ARBA'IN SHENIN - in Persia, 40
years are needed to make a Chazakah [when the Machzik has no documents]
4) [line 10] HANEI ZAHARUREI D'ZAVIN AR'A L'TASKA, ZEVINAIHU ZEVINEI - (a)
those wealthy landowners who purchase land from the king's agents by paying
the outstanding property taxes, their purchases are valid (RASHBAM, RABEINU
GERSHOM); (b) those tax collectors who confiscate and sell land when the
owners have not paid the property taxes, their sales are valid (ARUCH,
RABEINU CHANANEL)
5a) [line 11] TASKA - property tax
b) [line 11] KARGA - head tax
6) [line 11] KARGA, A'KARKAF D'GAVREI MANACH - (lit. the head tax rests on
the person head) either the government officials will catch him and force
him to pay, or he will leave town (but his land will not be confiscated)
7) [line 12] AFILU SA'AREI D'CHADA - (lit. even barley in the pitcher) even
a person's mobile items
8) [line 13] KASHI BAH AMEIMAR - Ameimar had the following difficulty [with
the words of Rav Huna brei d'Rav Yehoshua]
9) [line 14] EIN HA'BEHCOR NOTEL BA'RA'UY KEVA'MUCHZAK - a first-born son
does not take [a double-portion inheritance] of Ra'uy like he does with
Muchzak (YERUSHAS BECHOR)
(a) The first viable male born to a father inherits a double portion of the
estate upon his father's death (Mishnah Bechoros 46a). For example, if there
are two brothers, the money is divided into three, and the Bechor receives
two thirds; if there are three brothers, the money is divided into four, and
the Bechor receives two quarters.
(b) A Bechor only receives a double portion from the assets that were in the
possession of the father at the time of death. These assets are termed
"Matzuy," as the verse states, "Ki Es ha'Bechor Ben ha'Senu'ah Yakir, Lases
Lo Pi Shenayim *b'Chol Asher Yimatzei Lo*." - "He must recognize the
first-born son of the hated wife to give him a double portion *of everything
in his possession* (lit. that is found with him)." (Devarim 21:17). Assets
that will come into the possession of the estate after the father's death
are termed "Ra'uy," i.e. "expected [to come into his possession]." The
following are a few examples of assets that are Ra'uy, in which a Bechor
does *not* receive a double portion:
1. If one of the father's relatives dies after the father, the Bechor does
not receive a double portion of that inheritance.
2. If the father is owed money, even if the debt was written in a document
that was in the possession of the father, the Bechor does not receive a
double portion of the debt if it is paid after the father's death.
3. There is a Machlokes Tana'im (Bava Basra 124a) as to whether a Bechor
receives a double portion of "Shevach she'Shibechu Nechasim l'Achar Misas
Avihem," the appreciation of property that is brought about by human efforts
after the father's death; e.g. stalks of wheat that produce grain and trees
that produce fruit. However, a Bechor does receive a double portion of a
small tree that grows on its own, without any expenditure, into a large
tree; this is called Matzuy l'Aviv since the tree has not changed form after
the father's death (SEFER HA'CHINUCH #400).
10) [line 16] SAFREI D'RAVA - the scribes from the court of Rava
11) [line 18] PARDACHT - an idle person; a man without a trade, without
learning and without skills
12) [line 18] MESAYE'A MASA - (lit. must help the town) must pay to the
townspeople his share of the taxes that were levied on the rest of the town
because of him
13) [line 18] D'ATZILTEI MASA - where the townspeople saved him, telling the
tax collectors that he does not have the money to pay his share of the taxes
14) [line 19] AVAL ANDISKEI, SI'ATA DI'SHEMAYA - (a) but if the *agents of
the king* [independently forgot to collect from him, or let him off because
of his bad financial state], it is Divine help [that has caused him to be
exempted from the taxes, and he does not have to reimburse the townspeople]
(RASHBAM); (b) but if [the king was informed about his bad financial state
and] a *legal document* was written [absolving him of the taxes], it is
Divine help [that has caused him to be exempted, and he does not have to
reimburse the townspeople] (TOSFOS)
15a) [line 19] METZAR - a small boundary-mound
b) [line 19] CHATZAV - a shrub that has deep and straight roots, planted
in hedges to mark boundaries; prob. Cistus
16) [line 20] PE'AH (PE'AH: ELU MAFSIKIN L'PE'AH)
(a) The corner, or end, of the harvest must be left in the field for the
poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger
Ta'azov Osam." - "Do not completely harvest the corner of your field... you
shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor
and the stranger" (Vayikra 19:9-10).
(b) The obligation to leave Pe'ah applies to each field. The Mishnah in
Pe'ah (chapter 2) discusses various forms of natural dividers that might
separate a large field into two separate fields, obligating each one in
Pe'ah.
17) [line 20] TUM'AH (TUM'AS MES)
(a) A k'Zayis of the flesh of a *Mes* (corpse) is an "Avi Avos ha'Tumah" and
is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the
same room (lit. tent). An Ohel is defined as a covered space that is at
least one Tefach in length, width and height). If a person becomes Tamei by
touching a *Mes*, he must wait seven days to go to the Mikvah. Furthermore,
on the third and seventh days he must have Mei Chatas (water mixed with
ashes of the Parah Adumah) sprinkled on him.
(b) In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is
passing through it and does not stop moving. A person who enters an Ohel
ha'Mes becomes Tamei even if only a bit of his body enters, even when
entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents
the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)
(c) The bones of a Mes are only Metamei through Ohel under one of three
conditions: 1. They constitute a quarter of a Kav (Rova Ha'kav); 2. They are
the majority of the human body (whether they are the majority of the *build*
(Rov Binyano) of the body or the majority of the *number* (Rov Minyano) of
248 bones; 3. The bone is a complete skull or a complete spinal column. In
order to be Metamei through Maga and Masa, it is enough for the bone to be
the size of a Se'orah (a grain of barley).
(d) When an object that can be Metamei b'Ohel is located in an Ohel, the
Ohel makes everything in it Tamei and protects anything that is above it
from becoming Tamei. That is, an Ohel is *Mevi* Tum'ah (spreads Tum'ah
inside of it) and is *Chotzetz* from Tum'ah (intervenes between the Tum'ah
and the space above the Ohel, preventing Tum'ah from spreading above it).
(e) However, not all objects that cover Tum'ah are Mevi and Chotzetz. There
are objects that are Mevi and not Chotzetz and other objects that are
Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz
(Ohalos 8:5). An object that is flying through the air, such as a bird or a
Talis that is carried or caught up by the wind, are not Ohalim and are not
Mevi or Chotzetz, even if they are one Tefach wide. In our Sugya, the chance
of the person becoming Tamei with Tum'as Mes depends upon whether he walked
over a grave in the field.
18) [last line] ELU MAFSIKIN L'PE'AH - these [are the natural dividers that]
separate [a large field into smaller, separate fields, obligating each one]
in Pe'ah
19) [last line] NACHAL - (a) a swiftly flowing stream (RAMBAM Hilchos
Rotze'ach 9:2); (b) a valley with tough, rocky soil (RASHBAM)
20) [last line] SHELULIS - a brook, stream, or collection of water. The
Gemara (Bava Kama 61a) defines Shelulis as either a pool that gathers
rainwater, or a stream that gives its "booty" ("Shalal") of water to its
tributaries.
55b---------------------------------------55b
21) [line 1] DERECH HA'RABIM - a public road, at least 16 Amos wide,
intended mostly for traffic of horses and wagons and the like
22) [line 1] DERECH HA'YACHID - a private road, one which is four Amos wide
23) [line 1] SHEVIL HA'RABIM - a public path, intended mostly for walking
24) [line 2] SHEVIL HA'YACHID - a private path
25a) [line 4] BIK'AH - a valley containing agricultural fields
b) [line 4] HA'NICHNAS L'VIK'AH B'YEMOS HA'GESHAMIM - one who enters a
valley in the rainy season (SAFEK TUM'AH BI'RESHUS HA'YACHID / BI'RESHUS
HA'RABIM)
(a) When there is a doubt as to whether an object is Tahor or Tamei, if the
object is found in Reshus ha'Rabim the object is Tahor. If it is found in a
private, concealed place, it is judged to be Tamei. During the winter a
Bik'ah is a Reshus ha'Yachid and Sefeiko Tahor. During the summer it is a
Reshus ha'Rabim and Sefeiko Tamei.
(b) This is learned from the case of the Sotah woman. In the case of a
Sotah, where only two people were present at the time that there arose a
question as to her status, she is judged Teme'ah/culpable and is prohibited
to her husband. Similarly, whenever there are only two people present (i.e.
a Reshus ha'Yachid l'Tum'ah), if a doubt arises regarding the status of a
person or an object, he or it is judged to be Tamei. Whenever more than two
people frequent a certain area it is a Reshus ha'Rabim l'Tum'ah. If a doubt
arises regarding the status of a person or an object, he or it is judged to
be Tahor.
26) [line 5] HALACHTI L'MAKOM HA'LAZ - I walked to (or through) that place
27) [line 5] EINI YODE'A IM NICHNASTI L'OSO MAKOM - I do not know if I went
into that [specific] place (that contains the grave)
28) [line 8] SAFEK BI'AH - a doubt as to whether one entered [the place that
contains the grave]
29) [line 10] HOTZI CHATZI GROGORES (SHABBOS: HOTZA'AH)
(a) HOTZA'AH - Hotza'ah is the general term for the last of the thirty-nine
Avos Melachos of Shabbos. It involves either 1. Hotza'ah, transferring
objects from a Reshus ha'Yachid (private domain) to a Reshus ha'Rabim
(public domain), 2. Hachnasah, transferring objects from a Reshus ha'Rabim
to a Reshus ha'Yachid, 3. *Ma'avir Arba Amos b'Reshus ha'Rabim*, carrying an
object from one place in Reshus ha'Rabim to another over a distance of at
least four Amos, 4. Moshit, *passing* an object from one Reshus ha'Yachid to
another through Reshus ha'Rabim (as described in the Mishnah in Shabbos 96a,
see Background to Shabbos 96:3). These are all biblical prohibitions.
(b) AKIRAH & HANACHAH - In order to transgress the biblical prohibition of
Hotza'ah, certain conditions must be met. An Akirah (initiation of movement)
and a Hanachah (putting the object to rest) must be performed on the object
by the same person. If one person does the Akirah and another does the
Hanachah, only a Rabbinic prohibition is involved, as the Gemara states in
Shabbos 3a.
(c) The amount of produce transferred that will create a Chiyuv depends on
the purpose for which the produce is transferred. If it is transferred for
eating, the person is Chayav when he transfers a Gerogeres of foods and a
Revi'is of liquids (Mishnah Shabbos 76b). (A Grogeres is a measure of volume
the size of a dried fig. The Rishonim differ in its relationship to a
k'Beitzah, the Halachic volume of a chicken egg. The Rambam (Hilchos Shabbos
8:5) rules that it is equal to one third of a Beitzah; the Tur (Orach Chayim
409) rules that it is equal to four ninths of a Beitzah; the Tosfos (to
Eruvin 80b and to Yoma 80a) rules that it is bigger than one half of a
Beitzah. The modern equivalent of a Beitzah is 0.05, 0.0576 or 0.1 liter,
depending upon the differing Halachic opinions.) Transferring for other
purposes, such as for animal fodder or for kindling wood requires the amount
that will be useful in each circumstance (Shabbos ibid. et seq.).
30) [line 12] B'HE'ELEM ECHAD \ BI'SHNEI HE'ELAMOS
A He'elem is a period of forgetfulness. If a person sins repeatedly (for
example, if he ate two or more k'Zeisim of Chelev) in one He'elem, and later
finds out that he has sinned, he only has to bring one Korban Chatas to
atone for his sins. If he sins repeatedly in two He'elemos, he has to bring
two Korbenos Chatos. However, if a person sins two *different types* of sins
in one He'elem, he has to bring a separate Korban Chatas for each sin.
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