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Bava Basra 127
BAVA BASRA 126-128 - have been generously dedicated by Dick and Beverly
Horowitz of Los Angeles, California. May they be blessed with a life of joy
and much Nachas from their children and grandchildren.
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1) [line 1] EINO MEME'AT CHELEK BECHORAH - he does not diminish the amount
which the firstborn receives as his double portion (that is, when we
calculate the size of the extra portion of the Bechor, we do not take the
Tumtum into account, but rather we view him as though he does not exist, and
thus the Bechor receives a larger portion)
2) [line 3] EINO NIMOL LI'SHEMONAH - he is not circumcised on the eighth day
(if the eighth day falls on Shabbos (MILAH)
(a) A Jewish father has a Mitzvas Aseh to see that a Bris Milah is performed
on his son, as the verse states, "va'Yamal Avraham Es Yitzchak Beno..."
(Bereishis 21:4). If he does not fulfill his obligation, Beis Din is
required to have him circumcised (ibid. 17:10). If Beis Din is likewise lax
or unable to fulfill this Mitzvah, when the boy grows up, he must have Milah
performed upon himself (ibid. 17:14). The punishment for a man who is not
circumcised and refuses to fulfill the Mitzvah of Milah is Kares (ibid., see
RAMBAM and RA'AVAD Hilchos Milah 1:1-2).
(b) The Mitzvah of performing the Milah on the eighth day after the child's
birth overrides Shabbos. Thus, even though the procedure of the Milah
constitutes a Melachah, it is permitted (and obligatory) on Shabbos. This is
derived (in Shabbos 132a) from the verse, "uva'Yom ha'Shemini, Yimol Besar
Orlaso." - "And on the eighth day, the flesh of his foreskin shall be
circumcised" (Vayikra 12:3).
3) [line 6] EIN IMO TEME'AH LEIDAH - his mother does not become Tamei with
Tum'as Leidah (YOLEDES / TUM'AS LEIDAH)
(a) In Vayikra 12:1-8 the Torah discusses the laws of Tum'ah and Taharah
after childbirth. After a woman gives birth, she must wait for a certain
amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That
time period is divided into two stages: 1. During the initial stage, she has
the status of a Nidah (even if she had not seen any blood). If she gave
birth to a male, this lasts for seven days. If a female was born, this stage
lasts for two weeks. At the end of this period, she may go to the Mikvah
after nightfall. After she has gone to the Mikvah, she is permitted to eat
Terumah, if she is the wife of a Kohen. 2. During the second stage, any
blood that she sees does not give her the status of a Nidah as it normally
would. The blood that she sees during this period is called Dam Tohar.
Nevertheless, during this period, she may not eat Kodshim or enter the Beis
ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days
for a female. Thus, the total waiting period for a male is forty days and
for a female, eighty days.
(b) At the end of the above two stages, the woman may eat Kodshim and enter
the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes.
Until then she is a Mechuseres Kaparah (see Background to Nedarim 35:9). As
such, in order to stand alongside her Korban while it is being offered, she
may only enter as far as the archway of Sha'arei Nikanor (see Background to
Sotah 7:8b). Her Korban includes a male sheep as an Olah and a Tor
(turtledove) or a Ben Yonah (common dove) as a Chatas. If she could not
afford a sheep, she brings 2 Torim or 2 Benei Yonah, one as an Olah and one
as a Chatas. (The current practice is to consider a woman a Nidah even
during the period of Dam Tohar -- see Insights to Nidah 25a.)
4) [line 9] HA'MAPELES - a woman who miscarries
5) [line 9] ANDROGINUS
An Androginus is a hermaphrodite, a person with both male and female
reproductive organs. There is a Machlokes as to whether an Androginus is a
male, a female or a new gender.
6) [line 9] TESHEV L'ZACHAR UL'NEKEIVAH - she must sit [observing the days
of Tum'ah and the days of Taharah for both] a male and a female (that is,
she must observe 14 days of Tum'ah as if she gave birth to a female, and
afterwards she must observe only 26 days of Taharah (until 40 days after her
birth) as if she gave birth to a male)
7) [line 10] IY HACHI TESHEV L'ZACHAR UL'NEKEIVAH UL'NIDAH MIBA'I LEI!
KASHYA - [the Gemara refutes the answer and says that] if this is true (that
the Mishnah in Nidah means that the woman should conduct herself stringently
out of doubt whether or not the birth of a Tumtum is considered a birth),
then it should also require her to conduct herself like a Nidah out of doubt
that perhaps a Tumtum is excluded altogether from the Yemei Taharah of a
Yoledesx! [Rather, it must be that the Mishnah in Nidah holds that the birth
of a Tumtum *definitely* makes the mother Temei'ah, and the only doubt is
whether the Tumtum is considered a male or a female, and thus] this is a
difficulty [on the view of Rav Shizbi.]
8) [line 13] SHTEI NASHIM SHE'YALDU SHNEI ZECHARIM B'MACHVO - two women who
gave birth to two male children in a hidden area (they were both married to
the same man, and it is not known which woman gave birth first and, thus,
which child is the Bechor)
8) [line 14] HARSHA'AH - a document granting power of attorney, which
entitles the bearer to act on behalf of the issuer
9) [line 15] BERAM - in truth
10) [line 15] HUKRU ULEVA'SOF NIS'ARVU - they were [originally] recognized,
and then later they became mixed up
11) [line 16] HADAR UKI RAVA AMORA ALEI - Rava immediately appointed a
Meturgeman to teach in his name. A Meturgeman is (a) the person who repeats
in a loud voice the words of the Rav, who lectures in a low voice (RASHI to
Berachos 56a); (b) the person who *translates into Aramaic* the words of the
Rav, who delivers the Shi'ur in a low voice *in Hebrew* (RASHI to Yoma 20b)
12) [line 19] BENEI AKRA D'AGMA - the people of Akra d'Agma, the name of a
town in Bavel
127b---------------------------------------127b
13) [line 7] ZEH BEN GERUSHAH V'ZEH BEN CHALUTZAH - "this [son] is the son
of a divorcee," or "this [son] is the son of a Chalutzah" (CHALAL)
(a) The Torah (Vayikra 21:14) commands a Kohen Gadol not to marry a widow
(Almanah), divorcee (Gerushah), prostitute ("Zonah" -- see Background to
Kidushin 77:17) or Chalalah. An ordinary Kohen (Hedyot) is permitted to
marry a widow, but not any of the other women listed above. The child from
one of the above-mentioned unions is invalidated from the Kehunah, and is
called a "Chalal." The Rabanan also prohibited all Kohanim from marrying a
Chalutzah (see Background to Kidushin 45:6), and made the children of a
Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash, and according to some
sources he is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH
275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim
(Terumos 8:1), and is not restricted with regard to the women that he is
allowed to marry. Chalalim are not prohibited from coming into contact with
corpses. Chalalim are not considered Kohanim with regard to the other
privileges and restrictions pertaining to Kohanim, as well.
14) [line 13] NECHASIM SHE'NAFLU LO L'ACHAR MI'KAN - property that fell to
him (i.e. that he acquired) afterwards (i.e. after he claimed that one of
his sons is his Bechor)
15) [line 16] GOSES - a sick person who is on the verge of death, moribund
16) [line 22] DI'MESHAMESH LI K'AVDA KA'AMAR - he meant to say that "he (my
son) serves me like a slave"
17) [line 23] V'CHILUFEI A'BEIS HA'MECHES - the opposite applies with regard
to the customs post
18) [line 28] AVDA MEITZAR ME'AH - a slave whose value (lit. limit or
measure) is a 100 [Zuz]
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