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Bava Basra 108
BAVA BASRA 101-108 - Sponsored by a generous grant from an anonymous donor.
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1a) [line 2] AIDI D'RAVACH, KAIMA B'GAVEI V'KAFTZAH - since it (the
six-Tefach ditch) is wide, it (the animal) can stand in it and jump (by
taking a running start) [and get over the fence]
b) [line 4] AIDI D'KATIN, KAIMA A'SEFASEI V'KAFTZAH - since it (the
three-Tefach ditch) is small, it (the animal) can stand on its edge and jump
[over the fence]
*****PEREK #8 YESH NOCHALIN*****
2) [line 7] YESH NOCHALIN U'MANCHILIN - there are those who inherit from,
and bequeath to, each other
3) [line 12] HA'ISH ES ISHTO - a man [inherits] his wife (YERUSHAH: YERUSHAS
HA'BA'AL)
(a) A husband is entitled to inherit his wife's estate upon her death. The
Tana'im argue as to whether the inheritance of a wife's estate by her
husband is mid'Oraisa or mid'Rabanan. According to those who rule that it is
mid'Rabanan, the Torah law dictates that her estate go to her sons, her
father or to her closest blood relative. The Rabanan gave her inheritance to
her husband using the power of "Hefker Beis Din Hefker" (see Background to
Yevamos 89:13).
(b) According to the Tana'im who rule that the inheritance of the husband is
mid'Oraisa, it is learned from the verse, "li'She'ero ha'Karov Eilav
mi'Mishpachto, v'Yarash Osah" - "[And if his father has no brothers, then
you shall give his inheritance] to his next of kin from his family, and he
shall possess it..." (Bamidbar 27:11). Chazal interpret the words "v'Yarash
Osah" as applying to his wife, "and he shall inherit *her*." For this
purpose, one of the Amora'im rearranges the verse to read, "... la'Karov
Eilav mi'Mishpachto; She'ero, v'Yarash Osah" - "[... then you shall give his
inheritance] to his next of kin from his family; and his wife, he shall
inherit her" (Bava Basra 111b).
4) [line 12] BENEI ACHAYOS - (a) the sons of sisters (that is, when one
sister dies, the son of her sister inherits her) (RASHBAM, 1st explanation);
(b) according to the Girsa BENEI *ACHOS* - the sons of a sister (that is,
when a brother dies, the son of his sister inherits him) (RASHBAM, 2nd
explanation)
5a) [line 14] ACHEI HA'EM - the brothers of the mother [of the deceased]
b) [line 15] HA'ACHIN MIN HA'EM - brothers through the mother (i.e.
half-brothers, who do not share the same father)
6) [last line] ASCHULEI B'FUR'ANUSA LO MASCHELINAN - to start with tragedy,
we do not start
108b---------------------------------------108b
7) [line 1] "ISH KI YAMUS U'VEN EIN LO, V'HA'AVARTEM ES NACHALASO L'VITO." -
"When a man dies and he has no son, you shall pass his inheritance to his
daughter." (Bamidbar 27:8)
8) [line 1] TANA, AIDI D'ASYA LEI MI'DERASHA, CHAVIVA LEI - the Tana [wrote
this as the first case of the Mishnah], since it is derived through a
Derashah, it is beloved to him
9) [line 3] "[V'IM EIN ACHIM L'AVIV, U'NSATEM ES NACHALASO LI']SHE'ERO
[HA'KAROV EILAV MI'MISHPACHTO, V'YARASH OSAH...]" - "[If there are no
brothers to his father, you shall give his inheritance to] his relative [who
is closest to him from his family, and he shall inherit it....]" (Bamidbar
27:11)
10) [line 5] KAROV KAROV KODEM - the closest [relative] comes first (for
inheritance)
11) [line 6] L'RABOS ES HA'BEN UL'HOTZI ES HE'ACH - this is to include the
son (of the deceased) and to exclude the brother
12a) [line 7] KAM TACHAS AVIV L'YA'ADAH - he takes the place of his father
to do Yi'ud with her (YI'UD AMAH HA'IVRIYAH)
(a) A destitute father, under certain circumstances, may sell his daughter
into servitude to a Jewish master as long as she is a minor. The sale is for
a period of six years or until she becomes a Gedolah (when two pubic hairs
grow after she enters her 12th year) or until the Yovel year (the year after
seven Shemitah cycles), whichever comes first. During this period she is
called an "Amah ha'Ivriyah."
(b) The Torah gives to the master of a Jewish maidservant the option of
marrying her by first being Mekadesh her through a procedure called "Yi'ud."
The Kidushin takes effect through the money that he initially gave to her
father when he purchased her, as described in Kidushin (19a).
(c) If the master does not want to Mekadesh her with "Yi'ud," the Torah
allows his son to Mekadesh her with "Yi'ud" (Vayikra 21:9). If neither the
master nor the son wants to marry her, no one else may marry her until she
is released from servitude.
b) [line 8] LI'SEDEH ACHUZAH - [the son takes the place of his father]
with regard to Sedeh Achuzah (SEDEH ACHUZAH)
(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.
(c) 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). If the Makdish does redeem his field before the Yovel year, then
the field returns to its ancestral ownership at Yovel. Similarly, if the
*son* of the owner redeems the field, then the field returns to its
ancestral ownership at Yovel, as derived from the verse (Vayikra 27:20).
13) [line 9] KAM TACHAS ACHIV L'YIBUM - [a brother] stands in the place of
his brother with regard to Yibum [to marry his deceased brother's son]; see
Background to Bava Kama 110:29
14) [line 10] HA B'MAKOM SHE'YESH BEN, EIN YIBUM - but in a situation where
there is a son [to the deceased man], there is no Yibum at all
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