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Bava Basra 107
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1) [line 3] BA'AL CHOV - a creditor [of their father]
2) [line 4] VITER - he has lost his rights (even thought the literal meaning
of the word "Viter" is to [willingly] give up or forego [one's rights], in
this case it is obviously against his will)
3) [line 5] NOTEL REVI'A B'KARKA U'REVI'A B'MA'OS - he gets back from his
brother one quarter of what he lost either in land or in cash
4) [line 6] HA'ACHIN SHE'CHALKU YORSHIN HEN / LEKUCHOS HAVU
(a) When a person dies, his estate is divided up among his sons. The
Amora'im argue whether the way the estate is ultimately divided can
retroactively determine what each brother inherited at the time of the
father's death, or not. Rebbi Yochanan (Gitin 48a) is of the opinion that
even when the brothers later divide the estate, we *cannot determine
retroactively* that the land each brother now has is the same land he
inherited at the time of death. Rather, we say that by dividing up the
property, the brothers agree to "trade" their true portions, wherever they
are, with each other for portions of equal value elsewhere ("ha'Achin
she'Chalku Lekuchos Havu"). This is also the opinion of Shmuel in our Sugya.
(b) There is a Halachic difference between whether the inheritance is
retroactive or not. If the inheritance is retroactive ("k'Yorshin Havu" --
This is also the opinion of Rav in our Sugya), no purchase or trading has
occurred. Therefore, in the year of the Yovel they need not return the land
to each other and re-divide the estate. However, if the inheritance is not
retroactive and a trade *has* occurred, when Yovel arrives the brothers must
return to each other their portions, after which they re-divide the estate,
as if they had purchased their shares from each other.
(c) Another Halachic ramification of this argument is the case in our Sugya,
where the creditor of the brothers' father expropriates land from one of the
brothers. Since Rav rules that they are considered Yorshim, they must
re-divide the remaining land between them. Shmuel, who is of the opinion
that they are considered Lekuchos, rules that no action is required on the
part of the brother who did not lose the land. Rav Asi is in doubt as to
whether they are considered Yorshim or Lekuchos, and as such, he rules that
the brothers are *partially* liable, as if they are half Yorshim and half
Lokchim.
5) [line 14] SHELOSHAH SHE'YARDU L'SHUM - three who went down [in judgement]
to appraise the value (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 (which the Kesuvah stipulates they must provide -- see Background
to Gitin 48:24), 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) The Beis Din must be comprised of three Dayanim in order to make a valid
appraisal of the value of the property. They first estimate the value of the
property and then announce for thirty consecutive days or for a period of
sixty days on Mondays and Thursdays that they are selling the property of
orphans ("Hachrazah"). They make the announcements in the morning and the
evening at the time that workers are going to and coming back from work. The
announcements in the morning are made so that a prospective buyer asks his
worker to evaluate the property on his way to work; the announcements in the
evening are made to remind the prospective buyer about the property so that
he will ask his worker how much the property produces.
6a) [line 14] MANEH - one Maneh, which is equal to 25 Sela'im, or 100
Dinerin (1 Sela = 4 Dinar)
b) [line 15] MA'ASAYIM - 2 Maneh, which is equal to 200 Dinerin
7) [line 16] BATEL YACHID B'MI'UTO - the single opinion is nullified because
it is a minority. This is based on the principle that we follow the
majority, derived from the verse, "Acharei Rabim l'Hatos" (Shemos 23:2).
8a) [line 17] ESRIM - 20 [Sela'im, or 80 Dinerin]
b) [line 18] SHELOSHIM - 30 [Sela'im, or 120 Dinerin]
9) [line 18] NIDON B'MANEH - it is judged as [being worth] one Maneh, or 25
Sela'im/100 Dinerin
10a) [line 19] OSIN SHUMA BEINEIHEN - we make an estimate from among them
b) [line 20] U'MESHALSHIN - and we divide [the difference between the
lowest estimate and the highest estimate] by three
11) [line 21] MILSA METZI'ASA - (a) the median estimate, i.e. the estimate
that is *in between* the two other estimates (RASHBAM); (b) the mean average
of the highest and lowest estimates (ignoring the middle estimate) (RAMBAM
Hilchos Malveh v'Loveh 22:14, SHULCHAN ARUCH CM 103:2)
107b---------------------------------------107b
12) [line 6] NEKOT MIHAS TREI KAMA'EI B'YADACH, DEMI'TORAS MANEH LO MAFKEI
LAH - take at least the first two estimates (the two lower ones) in your
hand, because neither of them go beyond one Maneh (RASHASH). (The RASHBAM
explains that this is based on the principle of "Tafasta Merubah Lo Tafasta,
Tafasta Mu'at Tafasta" (lit. "if you take hold of the larger amount you will
not be able to grasp it, if you take hold of the smaller amount you will be
able to grasp it;" see Background to Kidushin 17:10). The logic behind this
principle is that if one is faced with a choice of two numbers and is in
doubt which to choose, choosing the smaller number is always preferable,
regardless of which of the two numbers was actually the correct one (because
included in the larger number is the smaller one). On the other hand, if the
larger number is chosen, and the smaller one was the correct one, then an
error will be made because the smaller number does not include the larger
one.)
13) [line 12] MISTA'I D'KA MATFINA KULEI HAI A'CHAVRAI - it is enough that I
am adding so much already to [the estimates given by] my colleagues
14) [line 17] DAYANEI GOLAH - the judges of the Diaspora, i.e. the Amora'im
Shmuel and Karna (RASHBAM; however, see Sanhedrin 17b where only Karna is
mentioned, and the note of the Mesores ha'Shas there)
15) [line 20] MESHAMNIN BEINEIHEN - we make the superior-quality land the
difference between them. When the seller says that he is selling half of his
field, we give him the upper hand and assume that he meant to sell land that
is *worth* half of the field. Hence, we give the buyer the inferior land in
an amount that is worth the value of half of the field (the superior land
stays with the seller, while the buyer gets the inferior land, albeit the
area of land he gets is larger than the land that stays with the seller,
since it is worth less). (Rebbi Chiya bar Aba, in the Gemara, mistakenly
understood this phrase to mean that they *both* receive part of the
superior-quality land.)
16) [line 21] GEDER - the fence
17a) [line 21] CHARITZ - the ditch
b) [line 21] BEN CHARITZ - the small ditch
18) [line 23] KACHUSH - weak, inferior land
19a) [line 24] AD'ACHALT KAFNEYASA B'VAVEL - instead of eating dates in
Bavel.... That is, "you were busy enjoying yourself eating dates in Bavel,
instead of toiling in Torah, while we toiled to answer the question"
(RASHBAM, RASHI in Bechoros 18a), or, "instead of eating poor quality dates
in Bavel, you should have come to Eretz Yisrael and struggled with us to
answer this question (TOSFOS in Bechoros 18a).
b) [line 24] TARGIMNA MI'SEIFA - we explained it based on the end of the
Mishnah
20) [line 26] LI'DEMEI - for the value [of half of the land, but not half of
the land itself]
21a) [last line] CHARITZ MI'BACHUTZ - the [six-Tefach] ditch is on the outer
side
b) [last line] BEN CHARITZ MI'BIFNIM - the small [three-Tefach] ditch is
on the inner side (between the fence and the outer ditch). Surrounding the
field is a fence. Alongside the fence, outside of the field, is a narrow
ditch. There is then a Tefach of space, followed by a wide ditch.
22) [last line] V'ZEH V'ZEH ACHOREI GEDER - both this (the wide ditch) and
this (the small ditch) are on the outer side of the fence
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