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Bava Basra 106
BAVA BASRA 101-108 - Sponsored by a generous grant from an anonymous donor.
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1) [line 1] B'SIMANAV UV'METZARAV - [if the seller of the land said, "I am
selling you a Beis Kor of land] with these landmarks and with these
boundaries"
2a) [line 1] PACHOS MI'SHESUS, HIGI'O - [if the land that the buyer received
was] less than a sixth [of the amount stipulated], he has acquired it (lit.
it has reached him). (One sixth is equal to one Kav per every Se'ah, since
there are 6 Kav in a Se'ah.)
b) [line 2] AD SHESUS YENAKEH - [if the land that the buyer received was
less than the amount stipulated by] more than a sixth, then he (the seller)
must deduct (from the price)
3) [line 10] HAREI HU K'SHUM HA'DAYANIN, HIGI'O - it is like the appraisal
and sale of land made by Beis Din, and he has acquired it (lit. it has
reached him) (SHUM HA'DAYANIN)
(a) When a debtor owes money to a creditor, or when the heirs of a man's
estate owe, from the estate, money for the support of the man's widow and
daughters, Beis Din appraises the value of the property in order to sell it
and give the money to the creditor, or to the widow and daughters.
(b) When Beis Din errs in an appraisal of property by a sixth of its value,
the Rabanan and Raban Shimon ben Gamliel argue whether the sale is binding
(because of the requirement to uphold the authority of Beis Din, "Im Ken,
Mah Ko'ach Beis Din Yafeh;" this is the view of Raban Shimon) or it is not
binding (Rabanan).
4) [line 11] V'HA SHUM HA'DAYANIN DI'SHESUS K'YOSER MI'SHESUS - but with
regard to the appraisal of Beis Din, an error of one-sixth is like an error
of more than one-sixth
106b---------------------------------------106b
5) [line 1] HAVYA ESREIN GRIVEI MOSHCHEI - its measure is 20 Se'ah
6) [line 4] HEICHA D'LO KIM LEI B'GAVAH - where he (the buyer) was not
familiar with it (the land)
7) [line 6] D'ADIFA K'ESRIN - it is as superior as [a field of] 20 [Se'ah]
8a) [line 7] HA'ACHIN SHE'CHALKU - the brothers who divided. Brothers who
inherit property from their father may divide the property among themselves
through a lottery, through an appraisal of Beis Din to determine portions of
equal value, or through compensating each other monetarily for a portion
that one receives which is of lesser value.
b) [line 8] KEIVAN SHE'ALAH GORAL L'ECHAD MEHEN, KANU KULAM - once the
lottery has come up [and selected a portion] for one of them, they have all
acquired their portions (the results of the lottery is binding; see NIMUKEI
YOSEF)
9) [line 9] MAH TECHILAH B'GORAL - just as the original [division and
allocation of Eretz Yisrael] was accomplished through a lottery (see Bava
Basra 122a)
10a) [line 11] KALFI - a lottery-box
b) [line 11] URIM V'TUMIM
(a) The Urim v'Tumim is one of the eight vestments of the Kohen Gadol. The
eight vestments are 1. Tzitz (forehead-plate), 2. Efod (apron), 3. Choshen
(breastplate), 4. Me'il (robe), 5. Kutones (long shirt), 6. Michnasayim
(breeches), 7. Avnet (belt), 8. Mitznefes (turban).
(b) The Choshen contained a parchment that was called the Urim v'Tumim
(Shemos 28:30) upon which a Name of HaSh-m was written. It was possible for
a king of Yisrael to ask HaSh-m questions regarding the people of Yisrael
and receive an answer using the letters engraved upon the gemstones of the
Choshen. Letters containing the answer to his question would stick out in
their places (in the order of the answer -- MAHARSHA to Yoma 73b) or would
come together to form the words and sentences of the answer. The Kohen Gadol
would assist the Urim v'Tumim in the process of receiving an answer through
his power of Ru'ach ha'Kodesh (Divine inspiration).
(c) The Gemara (Yoma 73b) gives two reason as to why the parchment was
called Urim v'Tumim. Either they were Me'irin (similar to "Urim") Es
Divreihen, they clarify their words, or they were Mashlimin ("Tumim" means
Shalem, complete) Es Divreihen, they fulfill their words.
(d) The Urim v'Tumim was used at the time of the original division and
allocation of the land when the Jewish people came to Eretz Yisrael, as the
Gemara describes later (122a).
11) [line 12] D'KA TZAISEI L'HADAEI - that they pay attention to each other
(and agree to divide the property based on the lottery)
12) [line 16] MEKAMTZIN - they must be frugal [with their property, since
each brother must give a portion of his property to the additional brother
who has arrived]
13) [line 17] HADAR DINA - the original judgement is judged anew; i.e. the
original allocation of the properties is cancelled
14) [line 18] HANEI BEI TELASA D'KAIMEI V'AZUL BEI TREI MINAIHU U'PALUG -
these three [brothers, or partners], two of whom arose and went and divided
[the property without the third partner]
15) [line 20] NECHISEI A'DA'ATA D'VEI TELASA ME'IKARA - they went down [to
divide the property] with the knowledge that there were three of them, from
the outset
16) [line 23] KAM DINA - the original judgement stands; i.e. the original
allocation of the properties remains valid and binding
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