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Bava Basra 72

BAVA BASRA 71-75 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) [line 2] HIKDISH SHELOSHAH ILANOS MI'MATA ASARAH L'VEIS SE'AH - he consecrated three trees out of ten that were planted in a Beis Se'ah.
From the Halachah l'Moshe mi'Sinai of "Eser Neti'os" (with regard to Shevi'is -- see Background to Bava Basra 26:25), we learn that ten *saplings* are the exact number of trees with equidistant spacing that fit into an area of a Beis Se'ah (2500 square Amos -- see Background to Bava Basra 24:25:c).

2) [line 5] PODEH BEIS ZERA CHOMER SE'ORIM BA'CHAMISHIM SHEKEL KESEF - he redeems the field in accordance with the fixed endowment value prescribed in the Torah, as explained below (PIDYON SEDEH ACHUZAH / SEDEH MIKNAH)
(a) A Sedeh Achuzah is a field that came into the possession of its owner's family after the conquest and division of Eretz Yisrael, at the time of Yehoshua bin Nun.
(b) If a person was Makdish (consecrated to the possession of the Beis ha'Mikdash) his Sedeh Achuzah, everyone has the right to redeem it from Hekdesh from that day until Yom ha'Kipurim of the Yovel year. If the Makdish redeems it, he must pay to Hekdesh an additional *fifth* (of the ensuing total, or a *quarter* of the original value) of the value of the field. If the Makdish does not redeem his field by Yom ha'Kipurim of the Yovel year, but rather it is not redeemed, or another person redeems it, it is given to the Mishmar of Kohanim who are on duty at that time (Vayikra 27:15-21).
(c) When redeeming a Sedeh Achuzah from Hekdesh, its "value" is determined according to the fixed endowment value stated in Vayikra 27:16, i.e. 50 silver Shekels for every parcel of land that is normally sown with a Chomer (1 Chomer = 1 Kur = 30 Se'ah or approximately 216, 248.9 or 432 liters, depending upon the differing Halachic opinions) of barley seed (75,000 sq. Amos -- see Background to Kidushin 60:17). However, fifty Shekels are given only if the field was redeemed at the beginning of a new Yovel cycle; the amount decreases proportionally with every year that passes until it is less than two years before the next Yovel. At that point, it is once again redeemed for fifty Shekels per Chomer (ibid. 25a).
(d) A Sedeh Miknah is a field that a person buys or inherits which is not an ancestral field (Sedeh Achuzah, see (a) above). It must be returned to its original owner on Yom ha'Kipurim of the next Yovel year (Vayikra 25:14-17).
(e) When a Sedeh Miknah is sold, the seller may not redeem it from the purchaser. Rather, it remains with the purchaser until the Yovel year, at which point it returns to its original owner (i.e. the person for whom it is a Sedeh Achuzah).
(f) If a person was Makdish (consecrated to the possession of the Beis ha'Mikdash) his Sedeh Miknah, anyone may redeem it from Hekdesh from the day that it became Hekdesh until the Yovel year. Even if the Makdish redeems it, he need not pay an additional fifth. If the field was not redeemed by Yom ha'Kipurim of the Yovel year, it is returned to its original owner (i.e. the person for whom it is a Sedeh Achuzah) (Vayikra 27:22-24).
(g) When redeeming a Sedeh Miknah from Hekdesh, its value is determined by the amount that a person is willing to pay to purchase such a field until Yovel (Erchin 14a).

3) [line 9] PODEH ES HA'ILANOS B'SHAVYEHEN - he redeems the trees based on their market value (see (g) of previous entry)

4) [line 18] V'REBBI SHIMON ALIBA D'MAN? - and Rebbi Shimon's opinion is according to whom? (Rebbi Shimon in the Beraisa maintains that the land underneath the trees is not consecrated together with the trees, apparently because Rebbi Shimon maintains that when one sells or consecrates something, he does so "b'Ayin Ra'ah.")

5) [line 19] IY ALIBA D'REBBI AKIVA - if [Rebbi Shimon's opinion] is according to Rebbi Akiva... (Rebbi Shimon cannot be following the view of Rebbi Akiva, because Rebbi Akiva maintains that when one sells or consecrates something, he does so "b'Ayin *Yafah*.")

6) [line 20] ELA PESHITA ALIBA D'RABANAN - rather, it is obvious that [Rebbi Shimon's opinion] is according to the Rabanan (who hold that when one sells something, he sells it "b'Ayin Ra'ah.")

72b---------------------------------------72b

7) [line 2] ELA REBBI SHIMON L'DIVREIHEM D'RABANAN KA'AMAR LEHU - rather, Rebbi Shimon makes his statement only according to the opinion of the Rabanan

8a) [line 12] LEIZIL BASAR PIDYON - he should follow the moment that the property is redeemed (in determining whether it is redeemed like a Sedeh Achuzah or like a Sedeh Miknah)
b) [line 13] V'NIFREKU AGAV AR'AIHU - and let him redeem them (the trees) together with the land (so that the trees will be redeemed with the same value as the land (i.e. "Beis Zera Chomer Se'orim ba'Chamishim Shekel Kesef"))

9) [line 13] D'HA SHAM'INAN LEI L'REBBI SHIMON D'AZIL BASAR PIDYON - for we learn that Rebbi Shimon follows the time of the property's redemption (in determining whether it is redeemed like a Sedeh Achuzah or like a Sedeh Miknah). Rebbi Shimon discusses a case in which a person bought a field from his father (which he would have inherited later anyway), he consecrated it as Hekdesh, and then his father died. Rebbi Shimon rules that this field may be redeemed with the laws of a Sedeh Achuzah (see above, entry #2), presumably because at the time of the redemption, it is in his hands as an inheritance and not as a purchase.

10) [line 14] MINAYIN L'LOKE'ACH SADEH ME'AVIV... KI'SEDEH ACHUZAH - see above, entry #2

11) [line 21] "V'IM ES SEDEH MIKNASO ASHER LO MI'SEDEH ACHUZASO [YAKDISH LA'SH-M.]" - "And if [a man sanctifies to HaSh-m] a field that he has bought, which is not of the fields of his ancestors..." (Vayikra 27:22)

12) [line 23] V'ILU REBBI YEHUDAH V'REBBI SHIMON (HEICHA D'MES AVIV V'ACHAR KACH HIKDISHAH LO TZERICHEI KERA; KI ITZTERICH KERA HEICHA D'HIKDISHAH V'ACHAR MES AVIV) [HIKDISH V'ACHAR KACH MES AVIV KI'SEDEH ACHUZAH DAMYA]; MENA LEHU? - and whereas Rebbi Yehudah and Rebbi Shimon -- what is their source for the ruling that in a case in which the person consecrated the field and then afterward his father died, the field is redeemed like a Sedeh Achuzah? (This is the Girsa of TOSFOS and the BACH, and of all of the manuscripts, as the DIKDUKEI SOFRIM points out.)

13) [line 32] OMER SHE'YESH BO SE'ASAYIM - a sheaf that contains two Se'in of grain

14a) [line 33] TORAS OMER ALAV - it has the status of a sheaf [with regard to the laws of Shichechah) (SHICHECHAH)
(a) If one or two sheaves of grain were forgotten in the field when the other sheaves were collected, they must be left for the poor, as described in Devarim (24:19). From the moment the owner of the field turns away from the remaining sheaves with the intention of ending the collection, it is prohibited for him to return for the remaining sheaves (Mishnah Pe'ah 6:4).
(b) If three sheaves of grain were forgotten in the field, then they do not have the status of Shichechah and a poor person may not take them.

b) [line 33] TORAS GADISH ALAV - it has the status of a pile (and not a sheaf, and thus it does not qualify as "Shichechah" if left in the field)

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