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Bava Basra 156
BAVA BASRA 156 - This Daf has been dedicated in memory of Yitzchak Lubin,
and for a Refu'ah Sheleimah for Chaya Miriam bas Sara and for Yehudah Baruch
ben Sara Menucha. (Dedicated by Rabbi and Mrs. Lipshutz of Monsey, NY).
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1) [line 1] ZAVIN SHAVI CHAMSHA B'SHISA - he sold something worth five for
six (and made a profit)
2) [line 2] YENUKA MEKARVA DA'ATEI GABEI ZUZEI - a child is easily swayed by
coins (lit. his mind is close to coins)
3) [line 4] ZIMNIN D'MEKARKESHEI LEI ZUZEI - sometimes they shake coins at
him
4) [line 6] HAVAH LEI HANA'AH MINEI - he (the child) received some benefit
or pleasure from him (the person to whom the child gave the gift)
5) [line 8] DEL'AVIDU LEHU MILEI - so that they will do favors for him
6) [line 9] BODKIN - we examine (for signs of maturity)
7a) [line 9] KIDUSHIN - betrothal, marriage
See Background to Kidushin 2:1.
b) [line 10] MI'UNIN (MI'UN)
(a) The Torah gives a father the right to marry off his daughter at any age
before she is twelve years old.
(b) If she was divorced or widowed or her father died without marrying her
off, the Chachamim gave the girl's mother and/or oldest brother the right to
marry her off. In these cases the marriage is only mid'Rabanan and she must
be at least ten years old, or at least six years old if she has an
understanding of the concept of marriage.
(c) According to the RAMBAM and the RA'AVAD, in the above circumstances, the
Chachamim also gave *her* the right to get married by herself. This marriage
is also mid'Rabanan. According to the Rambam, she must be at least ten years
old, or at least six years old if she has an understanding of the concept of
marriage. According to the Ra'avad, however, her Kidushin is valid even if
she has enough sense to guard the object given to her for her Kidushin (and
she realizes that it was given to her for Kidushin).
(d) In the instances of marriage mid'Rabanan, before she reaches Halachic
puberty and becomes a Na'arah (through the growth of two pubic hairs), she
has the option of annulling the marriage through a procedure known as Mi'un
(refusal). She says before two witnesses, "I do not want him," and the
marriage is annulled retroactively. There is no need for her to receive a
Get (a bill of divorce). A girl who is married off by her father cannot
annul the marriage through Mi'un. (RAMBAM Hilchos Ishus 4:7-8)
8) [line 12] BEN TESHA SHANIM V'YOM ECHAD - a boy who is nine years and one
day old (and is thus considered physically fit to perform marital relations)
9) [line 15] ISH KASUV BA'PARSHAH - the word "man" is written in the Parshah
of Yibum (Devarim 25:7)
10) [line 19] AD SHE'YIRBEH SHACHOR - until the black is in the majority
(this means that the hairs have grown long enough to rest on the flesh, to
give the appearance that the area is mostly black -- RASHBAM)
11) [line 26] HA'MECHALEK NECHASAV AL PIV - one who gives verbal
instructions how to distribute his property [after his death, which are not
in accordance with the laws of inheritance]
12a) [line 27] BARI - a healthy person
b) [line 27] MESUKAN - one who is deathly ill [and about to die] (this
word is synonymous to Shechiv Mera for the purposes of our Gemara)
156b---------------------------------------156b
13) [line 1] IMAN SHEL BENEI ROCHEL - the mother of the sons of Rochel (the
name of their father)
14) [line 2] TENU KEVINASI L'VITI - give my brooch (O.F. nosche) to my
daughter
15) [line 3] SHNEIM ASAR MANEH - twelve Maneh, equal to twelve hundred
silver Dinerin
16) [line 4] BENEI ROCHEL, TIKBEREM IMAN - the sons of Rochel -- their
mother should bury them!
17) [line 6] MERONI ECHAD - a certain person from the city of Meron, in
northern Eretz Yisrael (alt. MADONI, a certain person from Madon (see
Yehoshua 12:19))
18) [line 8] AD SHE'YAKNEH AL GAV KARKA - until he will transfer it (the
mobile property) by way of land (KINYAN AGAV)
(a) According to Torah law, certain methods of transferring ownership
(Kinyanim) are effective only for land (Mekarka'in), while others are
effective only for mobile objects in general (Metaltelin) or for specific
mobile objects such as slaves. Kinyan Agav is effective for the transfer of
mobile objects in general.
(b) Kinyan Agav is employed when a person transfers ownership of Nechasim
she'Yesh Lahen Achrayus (immobile goods such as land) along with Nechasim
she'Ein Lahen Achrayus (mobile goods such as a flowerpot). (The word
Achrayus in this context means that people will trust a borrower who owns
land (even the smallest amount) since they can expect to extract payment
from the land should the borrower not have the money to pay back his loan
(RASHI to Kidushin 26a).) As soon as the person makes a Kinyan on the land
through Kesef (paying money), Shtar (handing over a contract) or Chazakah
(enhancing the land with the intention of buying it - see Background to Bava
Basra 51:7:b), he concurrently buys the mobile goods, also (Kidushin 26a and
RASHI ibid.). For example, if a person is interested in selling a parcel of
land and also a cow, when the buyer pays for the land, thereby acquiring it
through Kinyan Kesef, he immediately acquires the cow as well. This Kinyan
is learned from the verse in Divrei ha'Yamim II 21:3.
19) [line 9] BEIS SELA - (a) land the size of a Sela coin (according to the
Gemara's initial assumption in Kidushin 26b); (b) land as hard as a Sela, a
rock (according to the Gemara's conclusion there)
20) [line 10] TZEFONO - its northern part
21) [line 13] MI'SHAM RE'AYAH?! - from there is a proof?!
22) [line 15] MAI TA'AMA KA LAYIT LEHU? - what is the reason that he (Rebbi
Elazar) cursed them (the sons of Rochel)
23) [line 16] MEKAIMEI KOTZIM B'CHEREM - they kept brambles (thorny weeds)
growing in a vineyard (KIL'AYIM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Although
the term "Kil'ayim" refers to many different types of forbidden mixtures
(see Background to Kidushin 39:23a), our Gemara is referring to Kil'ei
ha'Kerem.
(b) KIL'EI HA'KEREM refers to the prohibition of sowing vegetables or grains
in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash
ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow
your vineyard with other species, lest the fruit of the seed which you have
sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9).
According to some Tana'im, even if one finds other crops growing in his
vineyard and does not remove them, he transgresses this prohibition (Makos
21b). One who intentionally transgresses this prohibition is liable to
Malkos.
(c) Rebbi Elazar (in Kil'ayim 5:8) maintains that leaving thorny weeds
growing in one's vineyard is also prohibited, since, in some lands, people
grow such plants in order to feed to their animals. The Chachamim argue and
permit it, since people do not purposely grow thorny weeds, as our Gemara
explains.
24) [line 19] DAVAR SHE'KAMOHU MEKAIMIN - a thing (plant) which is similar
to that which people keep
25) [line 20] (KARKOM CHAZI) - (saffron is fit) (these words should be
omitted from the text of the Gemara, as they are irrelevant to the
discussion; BACH, DIKDUKEI SOFRIM)
26) [line 22] ARAVAYA - Arabia
27) [line 23] LI'GEMALEIHEN - for their camels
28) [line 24] AFILU B'SHABBOS - even on Shabbos (when, normally, making a
Kinyan is prohibited because of a decree mid'Rabanan lest the parties
involved come to write down the transaction and transgress the Isur d'Oraisa
of writing on Shabbos)
29) [line 28] KAL VA'CHOMER B'CHOL - all the much more so [should the word
of a Shechiv Mera be binding] on a weekday (when making a Kinyan is
permitted)
30) [line 29] ZACHIN L'KATAN - we may acquire property on behalf of a minor
(ZACHIN L'ADAM SHE'LO B'FANAV)
(a) When a person buys or sells an object, he must make a Ma'aseh Kinyan (a
formal Halachically-binding act denoting the change in status -- see
Background to Bava Metzia 9:11). This act may be performed by the Shali'ach
(agent) of the person who makes the Kinyan instead of the person himself.
(b) When the acquisition of a certain object is unquestionably beneficial
for a person, someone may acquire it for the person as if he were his
Shali'ach even though he was not actually appointed a Shali'ach to do so.
This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to
how "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are
witnesses," - i.e. it is as clear to us as if he stated it himself) that the
person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH
Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that
"Zachin" does not work through a vehicle of Shelichus at all, since it also
works for minors (according to Rebbi Yehoshua, which is the Halachic
opinion) who Halachically cannot appoint Shelichim. Rather, the Torah
created a new law called "Zachin..." that allows one person to acquire an
object for another person in such cases (RASHBA and RITVA to Kidushin 23b --
see Insights there; RAN to Kidushin 42a; this may be the argument among the
Tana'im in the Mishnah here).
(c) According to Rebbi Eliezer in the Mishnah here, "Zachin" does not work
for a Katan. Tosfos (DH Zachin) explains that it is because a Katan cannot
appoint a Shali'ach. Rebbi Yehoshua argues and maintains that since the
Katan has no other way of acquiring an object, the Chachamim instituted that
others can acquire it for him.
31) [line 31] KAL VA'CHOMER L'GADOL - all the much more so [should "Zachin"
(see previous entry) work] for an adult (who is able to make a Kinyan
himself)
32) [line 32] REBBI YEHUDAH HI - it (the Mishnah) is in accordance with the
way Rebbi Yehudah (in a Beraisa) explains the Machlokes between Rebbi
Eliezer and Rebbi Yehoshua
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