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Bava Basra 155
BAVA BASRA 155 (14 Elul) - This Daf has been dedicated in honor of the
Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum by his son and
daughter and families, and in memory of Sheina Basha (daughter of Yakov and
Dora) Zuckerman, who passed away on 10 Elul, by her children and sons in
law.
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1) [line 3] HAINU D'MASHKACHAS LAH D'NACHASEI LEKUCHOS LI'NECHASIM - that is
how it is possible that the buyers were in possession of (lit. went down to)
the property (that is, they either were Mekayem the Shtar, or since the
family admits to the validity of the Shtar, the buyers did not have to be
Mekayem it)
2) [line 6] MODINA LACH - I agree with you
3) [line 8] ELA IM KEN NA'ASEH B'GADOL - unless all of the parties involved
are adults
155b---------------------------------------155b
4) [line 2] MAI HAVEI - how does it help?
5) [line 3] SHTEI SA'AROS (SIMANIM)
(a) For most matters, a person is considered to have reached physical
maturity and adulthood when he reaches the age of 13 (or, for a girl, the
age of 12) *and* has signs of maturity, i.e. at least two pubic hairs. Until
he has two hairs, he is considered a minor, even if he has passed the age of
13 (or she has passed the age of 12). If, however, a person reaches the age
of 20 and still has no hairs, then if he has signs of a "Saris" (see below,
entry #8), he is considered to be an adult.
(b) With regard to selling the land of his deceased father's estate, a
person must not only have two hairs as a sign of maturity, but he or she
must also have reached the age of 20 (according to the Halachic opinion).
6) [line 4] V'HU HA'SARIS - and he is the "Saris" (an impotent man, an adult
without signs of physical maturity; according to the Gemara's conclusion,
this means that he has actual signs or symptoms of a Saris, and not merely
the absence of signs of maturity -- see below, entry #8)
7a) [line 5] LO CHOLETZ - he may not perform Chalitzah (CHALITZAH)
(a) If a married man dies childless, his widow must undergo Yibum (the
marriage of a dead man's brother with his wife -- see next entry), as it
states in Devarim 25:5-10. Chazal learn from the verses that there is a
preference for the oldest brother to perform Yibum.
(b) If the brother chooses not to marry her, he must perform Chalitzah (a
procedure in Beis Din that absolves her of the Mitzvah of Yibum - ibid.). He
appears before a Beis Din of three and states, "I do not want to marry her,"
after which his sister-in-law approaches him before the elders, takes off
his right sandal and spits in front of him. She then declares, "This is what
shall be done to the man who will not build up a family for his brother,"
and she is then free to marry whomever she wants.
b) [line 5] LO MEYABEM - he may not perform Yibum (YIBUM)
(a) If a married man dies childless and has brothers who survive him, his
widow (or widows) may not remarry until one of the deceased husband's
brothers performs Yibum (levirate marriage) or Chalitzah (levirate release)
with the widow (or one of the widows), as it states in Devarim 25:5-10.
Chazal learn from the verses that if there are a number of brothers, there
is a preference for the oldest brother to perform Yibum or Chalitzah
(Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist,
marital relations between a man and his brother's wife are prohibited and
make them liable to the punishment of Kares.
(b) Yibum is a type of marriage. Unlike ordinary Kidushin, though, it can be
accomplished only through Bi'ah and not through Kesef or Shtar (see
Background to Kidushin 2:1:II:b). Nevertheless, the Rabanan instituted that
one should precede Yibum with an act similar to Kidushei Kesef or Shtar,
which is known as Ma'amar (see Background to Kidushin 43:19). The Bi'ah must
be performed with the intention of fulfilling the Mitzvah.
8) [line 7] SIMANEI SERIS - physical signs of a Saris (an adult without
signs of physical maturity). For a male Saris, such signs include the lack
of growth of facial hair, soft hair, smooth skin (a man's skin is usually
hairy and rough), and a high voice, among other signs (see Yevamos 80b and
Background to the Daf there).
9) [line 7] DEIKA NAMI - this is also implied by the words of the Mishnah
itself
10) [line 9] AD ROV SHENOSAV - until he has reached a majority of his years
(i.e. the age of 36 (or 35 and one day), since the average lifespan is 70
years as expressed in Tehilim 90:10)
11) [line 11] LIVRI - he should make himself stronger and more healthy
12) [line 11] IY IVRI - if he is healthy (and, as a result of being too
strong and healthy, his hairs have fallen out)
13) [line 12] LI'KCHOSH - he should make himself weaker
14) [line 12] ZIMNIN D'ASU MACHMAS... - sometimes they (the signs of
adulthood) come because of...
15a) [line 14] TOCH ZEMAN - within the time (that is, within the 18th or
20th year, i.e. from age 18 to 19, or from age 20 to 21)
b) [line 14] LIFNEI ZEMAN - [is it like] before the time (like before age
18 or 20, and his sale of his father's land is not a valid sale)
c) [line 14] L'ACHAR ZEMAN - [is it like] after the time (like after age
18 or 20, and his sale of his father's land is a valid sale)
16) [line 17] LAV B'FEIRUSH ITMAR, ELA MI'KELALA ITMAR - it was not said
explicitly by Rava, rather it was derived through something else he said
17) [line 21] SHETUSA YESEIRTA CHAZA BEI - he saw in him exceeding
foolishness
18) [line 23] YODA'AS B'TIV MASA U'MATAN - she knows how to conduct business
19) [line 28] KEROVEI - his relatives
20) [line 28] ZIL ECHOL TAMREI V'SHADI BEI KASHYASA BEI RAVA - go eat dates
and throw the pits into the house of Rava
21) [line 29] ZEVINEI LAV ZEVINEI - his sale is not a valid sale
22) [line 29] KI KA KASVU LEI SHTARA - when they (the court of Rava) were
writing for him a Shtar [with their ruling that the sale is invalid]
23) [line 29] AMRU LEI LEKUCHOS - the buyers said to him
24) [line 30] MEGILAS ESTHER B'ZUZA, SHTARA D'MAR B'ZUZA - a Megilas Esther
costs one Zuz, and the master's (Rava's) Shtar also costs one Zuz (i.e. he
is charging you too much for having the Shtar written)!
25) [line 31] AGMERUHU - they taught him
26) [line 31] MASBEREI LEI SAVAR - [when] they explain something to him, he
understands
27) [line 32] MEIDA YADA - he certainly knows [how to conduct business]
28) [line 32] CHUTZPA YESEIRA HU D'HAVAH BEI - it is exceeding brazenness
that he has in him
29) [line 35] HA'PE'UTOS - children between the ages of six and nine years
old who have reached a certain level of acumen (the Gemara in Gitin 59a,
when explaining the term "Pe'utos," cites three opinions as to whether it
refers to the ages of six to seven, seven to eight, or eight to nine, and
concludes that these opinions do not argue, but that it all depends upon the
child's acumen)
30) [line 36] "V'AMDU SHENEI HA'ANASHIM" - "The two men [who have the
dispute shall stand before HaSh-m, before the Kohanim and the judges who
will be in those days]." (Devarim 19:17) - The Gemara in Shevous (30a)
explains that this verse refers to the witnesses (and not to the litigants).
We learn from this verse that witnesses are valid only if they are adults
("Anashim").
31) [line 37] U'MATANASO MATANAH - his gift is a valid gift. This refers to
a person under the age of 20, but above the age of 13, who has signs of
adulthood, who gives away -- as a gift -- land that he inherited from his
father. Although he is not empowered to sell such land, he is able to give
it away as a gift, as the Gemara explains.
32) [last line] DILMA MOZIL U'MAZBIN - perhaps he discounted the price and
sold it
33) [last line] D'LO MATI LEI V'LO MIDI - that nothing at all comes to him
[in return, since he gave away the property as a gift]
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