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Bava Basra 63
BAVA BASRA 61-67 - This week's study material has been dedicated by Mrs.
Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb
Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people
quietly in an unassuming manner and is dearly missed by all who knew him.
His Yahrzeit is 10 Sivan.
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1) [line 8] TENU CHELEK LI'PELONO BA'BOR - give a portion of [the water in]
this pit to so-and-so
2) [line 8] SUMCHUS OMER: EIN PACHOS ME'REVI'A - Sumchus says: [the
recipient is entitled] to no less than a quarter [of the water in the pit]
(MAMON HA'MUTAL B'SAFEK CHOLKIN)
(a) Sumchus maintains that when the ownership of property is in doubt, it is
divided among the claimants.
(b) According to the Rabanan who disagree with Sumchus, as long as one of
the claimants has a Chazakah (i.e. evidence of prior ownership) over the
property in dispute, he need not pay until his opponent brings a proof of
his claim using witnesses. A Chazakah, with regard to this Halachah, can
mean either Chezkas Mamon (the object is currently in his possession) or
Chezkas Marei Kama (he has evidence that he was once the owner of the
object, and nobody can show that it left his ownership since that time).
(c) The Rishonim argue whether we rule like Sumchus or like the Rabanan. The
Rashbam here maintains that we rule like Sumchus. Tosfos rules like the
Rabanan. According to Tosfos, the Gemara here quotes Sumchus merely because
he explicitly ruled about the case that the Gemara is discussing. We can
infer from Sumchus' ruling that the Rabanan argue and maintain "ha'Motzi
me'Chaveiro Alav ha'Ra'ayah."
3a) [line 9] L'CHAVIS - [give a portion of the water in this pit to
so-and-so] for his barrel (half of the water in a standard sized pit will
fill a barrel; in our case, the doubt is whether the owner of the pit wanted
to give a minimal amount of water to the recipient, or he wanted to give
enough to fill up half ("Chelek") of the barrel)
b) [line 10] LI'KEDEIRAH - [give a portion of the water in this pit to
so-and-so] for his pot (a third of the water in a standard sized pit will
fill a pot; in our case, the doubt is whether the owner of the pit wanted to
give a minimal amount of water to the recipient, or he wanted to give enough
to fill up half ("Chelek") of the pot)
c) [line 10] LI'TAFI'ACH - [give a portion of the water in this pit to
so-and-so] for his pitcher (a fourth of the water in a standard sized pit
will fill a pitcher; in our case, the doubt is whether the owner of the pit
wanted to give a minimal amount of water to the recipient, or he wanted to
give enough to fill up half ("Chelek") of the pitcher)
4) [line 12] MA'ASER RISHON - see Background to Bava Basra 56:12
5) [line 16] EIN ADAM MAKNEH DAVAR SHE'LO BA LA'OLAM
There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba
l'Olam" - "a person can acquire a thing that has not yet emerged into the
world," or not (Kedushin 63a). Some examples of things that have not yet
emerged into the world are the fruits that will grow on a tree or the goods
to be produced by one's wife. Here, the produce of Ma'aser Rishon that will
grow, in the future, on the field, which the Levi stipulates will be given
to him, is a "Davar she'Lo Ba la'Olam," since the produce has not yet come
into the world.
6) [line 20] DIYUTA HA'ELYONAH - the upper story (this refers to a roof
which has an enclosure around it which at least the height of ten Tefachim)
63b---------------------------------------63b
7) [line 2] ZIZIN - small wooden protrusions, or the ends of beams, that jut
out from a wall, which people use for hanging things
8) [line 3] ALIYAH - an upper story (Rav Papa is referring to *rebuilding*
an upper story that fell down after the house was sold; he is not referring
to building a new upper story)
9) [line 8] MI'TEHOM AR'A V'AD RUM REKI'A - from the depth of the earth
until the height of the sky
10) [line 9] UMKA V'RUMA BI'SETAMA LO KANI - the depth and the height (i.e.
the rights to build beneath the foundation of the house, and the rights to
the roof and airspace above the roof), when not specified, are not acquired
by the buyer
11) [line 12] MECHILOS - underground rooms/caves/caverns
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