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Bava Basra 141
BAVA BASRA 141 (30 Av) - This daf has been dedicated l'Iluy Nishmas Esther
Chaya Rayzel (Friedman) bas Gershon Eliezer, upon her Yahrzeit and Yom
Kevurah, by her daughter and son-in-law, Jeri and Eli Turkel. Esther
Friedman was a woman of valor who was devoted to her family and gave of
herself unstintingly, inspiring all those around her.
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1) [line 4] L'MEIMRA D'VAS ADIFA LEI MI'BEN - this (the fact that the Tana
chose to teach a case in which a man says that if his wife has a boy, he
will give him a Maneh, and if she has a girl, he will giver her two
Maneh, -RITVA) implies that a daughter is more preferable to him than a son
2) [line 6] MALEI ALAV EVRAH - becomes full of anger at him
3) [line 7] "[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) - The Gemara relates the word
"v'Ha'avartem" to the word "Evrah" (anger).
4) [line 8] "YOM EVRAH HA'YOM HA'HU, [YOM TZARAH U'METZUKAH YOM SHO'AH
U'MESHO'AH YOM CHOSHECH VA'AFELAH YOM ANAN VA'ARAFEL.]" - "That day is a day
of wrath, [a day of trouble and torment, a day of ruin and desolation, a day
of darkness and gloom, a day of cloud and dark cloud.]" (Tzefanyah 1:15)
5) [line 10] HARVACHAH - profit (according to the Rashbam, this means that a
man gives more money to his daughter because he wants her to have financial
security and not need to disgrace herself; according to the XX, this means
that a man gives more money to his daughter because she stays at home and
assists him)
6) [line 11] MEVAKERES - a woman who is giving birth for the first time
7) [line 12] BAS TECHILAH, SIMAN YAFEH L'VANIM - when a daughter is born
first, it is a propitious sign for sons
8) [line 13] MERABYA L'ACHAHA - she helps raise her brothers
9) [line 13] LO SHALTA BEI EINA VISHA - the evil eye (Ayin ha'Ra) will not
effect him (because when a daughter is born first, even if he has sons later
other people will not comment, "Look how many sons he has," giving him an
Ayin ha'Ra (RABEINU GERSHOM); alternatively, because when a daughter is born
first, there is no firstborn son to inherit a double portion, and thus the
other brothers are not jealous and nor do people talk about how much the
first son inherits (MAHARSHA)
10) [line 15] UL'DIDI BENASAN ADIFAN LI MI'BENEI - and as for me, daughters
are more preferable to me than sons (see Insights here for various reasons
why)
11) [line 16] HAI REBBI YEHUDAH? - which [statement of] Rebbi Yehudah
[implies that daughters are preferable]?
12) [line 17] D'"BA'KOL" - of the statement regarding the word "ba'Kol" (in
Bereishis 24:1)
13) [line 21] BERATA NAMI LO CHASREI RACHMANA L'AVRAHAM - HaSh-m did not
hold back [from giving] even a daughter to Avraham (that is, the verse is
teaching that HaSh-m blessed Avraham with everything, including a daughter)
14) [line 22] MI SHAM'AS LEI - did he say? (lit. did you hear him [say]?)
15) [line 23] MITZVAH LAZUN ES HA'BANOS - it is a Mitzvah to provide support
for one's daughters. The Chachamim enacted a requirement for a man to
provide support to both his young daughters and young sons. They based this
requirement on the verse, "umi'Besarcha Lo Sis'alam" -- "[Surely you should
share your bread with the hungry, and bring the poor, who are cast out, into
your house. When you see the naked, cover him,] and do not hide yourself
from your own flesh" (Yeshayah 58:7). However, it is not an obligation which
Beis Din forces a man to fulfill. (RASHBAM)
16) [line 26] D'LO LITZELAN - so that they not disgrace themselves (by
having to beg for food, or work at menial jobs)
17) [line 30] B'MESARES - [it is a case] in which he reverses [the
stipulations, saying first that if his wife gave birth to twins, and a male
was born first and then a female, then the male shall receive two Maneh and
the female shall receive nothing. He then reverses the stipulation, saying
that if a female is born first then she will receive one Maneh and the male
born after her will receive one Maneh.]
18) [line 34] HAVAH MAMON HA'MUTAL B'SAFEK V'CHOLKIN - it is a case of money
whose ownership is in doubt, and thus they divide it (MAMON HA'MUTAL B'SAFEK
CHOLKIN)
Sumchus maintains that property of doubtful ownership, i.e. with several
claimants, is divided among the claimants. In the case of our Gemara, the
money in doubt is the extra Maneh. The son receives one Maneh regardless of
whether he was born first or second, as his father stipulated. If he was
born first, though, then he should receive an additional Maneh, and the
daughter should receive nothing. If, however, the daughter was born first,
then she should receive the second Maneh. Thus, the ownership of that Maneh
is in doubt, and thus it is split between the son and the daughter.
19) [last line] B'MEVASRENI - the case is [where the father said that he
would give the money to] "the one who informs me" [whether his wife gave
birth to a son or a daughter]
141b---------------------------------------141b
20) [line 1] BA'MEH NIFTAR RACHMAH SHEL ISHTI - with what did the womb of my
wife open (i.e. what did my wife give birth to first)
21) [line 6] LI'ME'UTEI MAI? - what was he excluding? (By mentioning each
possibility (if a son is born, if a daughter is born, and if both (twins)
are born), the father evidently was excluding some possibility, because
otherwise he would have said simply, "Whoever tells me what my wife gave
birth to, I will give him a Maneh.")
22) [line 7] NEFEL - a stillborn
23) [line 7] DEVIS'HU - his wife
24) [line 8] NICHSAI L'HAI D'MI'ABART - my property shall go to the one with
whom you are pregnant
25) [line 9] MEZAKEH L'UBAR - he is granting ownership to a fetus
26) [line 13] ADAM MAKNEH DAVAR SHE'LO BA LA'OLAM
There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba
l'Olam" - "a person can acquire a thing that has not yet emerged into the
world," or not (Kedushin 63a). Some examples of things that have not yet
emerged into the world are the fruits that will grow on a tree or the goods
to be produced by one's wife. Even according to the opinion that maintains
that one may acquire something that has not yet come into the world, one
cannot transfer ownership *to* someone who has not yet come into the world.
Here, the unborn son or daughter to whom the father wishes to give a Maneh
has not yet come into the world, and thus the Kinyan should not take effect
(and when the son or daughter is born, there should be no obligation for the
father to give him or her the money).
27) [line 17] UBAR POSEL V'LO MA'ACHIL - a fetus invalidates [the slaves
owned by the deceased father from eating Terumah], and does not enable [its
widowed mother -- who was the daughter of a Yisrael who married a Kohen] to
eat Terumah
(a) All of the Kohanim, male or female, are entitled to eat Terumah.
However, when a Bas Kohen marries a Yisrael, she loses her right to eat
Terumah, and she is considered a Zar (non-Kohen), who is prohibited from
eating Terumah (that is, her husband is "Posel" her from eating Terumah).
Should her Yisrael husband divorce her or die, she may eat Terumah as
before, as long as she has had no children from him (Vayikra 22:12-13,
Yevamos 69a).
(b) With regard to a Bas Yisrael, the converse is the Halachah. From birth,
she is prohibited from eating Terumah as are all Zaros. If she marries a
Kohen she becomes "Kinyan Kaspo" (his "possession") and is permitted to eat
Terumah (her husband is "Ma'achil" her). If he divorces her or dies and she
has no children from him, the prohibition for her to eat Terumah returns. If
she does have a child from him, she continues to eat Terumah in the merit of
her late husband, the father of her child (ibid.).
(c) Even the slaves of Kohanim eat Terumah because of their master who is a
Kohen, since they are his possessions.
(d) Rebbi Yosi (in Yevamos 67a) maintains that if a Bas Yisrael who was
widowed from her Kohen husband is pregnant when her husband dies, and her
husband owned slaves, the fetus is considered (a) to own a share of the
slaves, and (b) to be a non-Kohen, a Zar. Hence, the slaves may not eat
Terumah, because they are owned by a Zar. However, the fetus also does not
enable its mother to eat Terumah, because it is not considered a Kohen until
it is born.
28) [line 19] YERUSHAH HA'BA'AH ME'ELEHA - inheritance, which comes
automatically
29) [line 27] V'LEIMA LEI B'MEVASRENI - let him say that the case is [where
the father said that he would give the money to] "the one who informs me"
30) [line 29] YORESH MAI AVIDTEI?! - what does he (the person who informs
the father about the birth of his child) have to do with inheriting (he is
not related at all to the father)?!
31) [line 30] BESHE'YALDAH - when she already gave birth
32) [last line] "KOL SHE'TELED"?! "KOL SHE'YALDAH" MIBA'I LEI! - "Whatever
she will give birth to"?! The Mishnah should say, "Whatever she *gave* birth
to"!
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