THOUGHTS ON THE DAILY DAF
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Rosh Kollel: Rav Mordecai Kornfeld
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Bava Basra, 12
BAVA BASRA 12 - dedicated by Rabbi Kornfeld's father in memory of his aunt,
Malka Gitel bas Reb Yakov Mordechai (Malvina Marmorstein), who took him into
her home and raised him like her own child after the Holocaust. Her Yahrzeit
is 20 Nisan.
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1) A "NAVI" WHO WAS NOT A "CHACHAM"
QUESTION: The Gemara quotes Rav Avdimi d'Min Chaifah who said that "from the
time that the Beis ha'Mikdash was destroyed, Nevu'ah was taken from the
prophets and given to the Chachamim." The Gemara asks that the Chachamim
certainly had Nevu'ah before the Churban! The Gemara explains that Rav
Avdimi meant that even though Nevu'ah was taken from the prophets, it was
not taken from the Chachamim. RASHI explains that Nevu'ah was taken from the
prophets who were not Chachamim, and it was left with the prophets who were
Chachamim.
How can Rashi suggest that there were prophets who were not Chachamim? The
Gemara in Nedarim (38a) states clearly that one of the four qualifications
of a prophet is that he is a Chacham (see also Shabbos 92a)! (RAMBAN)
ANSWERS:
(a) The RAMBAN cites some who answer that when the Gemara in Nedarim list
four characteristics necessary for a person to be a prophet, it refers only
to a prophet who receives Nevu'ah consistently, with the Shechinah resting
upon him consistently, without interruption. There are prophets, though, who
receive occasional visions of prophecy for limited purposes. Such Nevu'ah
comes to a person even though he might not have the qualifications mentioned
in the Gemara in Nedarim.
The Ramban himself, though, writes that he is not satisfied with this
answer.
(b) The RAMBAN, therefore, gives a different explanation for the Gemara. All
Nevi'im certainly were Chachamim, as the Gemara in Nedarim says. When the
Gemara here says that Nevu'ah was taken away from the prophets but not from
the Chachamim, it means that the Nevu'ah of the sort that comes to a person
in a prophetic vision was taken away, but not the type of Nevu'ah that a
person has through Chochmah, wisdom. Even though they no longer are able to
have prophetic visions, the Chachamim are still able to achieve knowledge of
the truth through the Ru'ach ha'Kodesh that rests upon them. (See also
CHASAM SOFER and YA'AVETZ here.) (I. Alsheich)
12b
2) THE LAW OF PATRIMONY IN COMMUNAL POSITIONS
QUESTION: The Gemara relates that the Chachamim voted to appoint Rav Acha
mi'Difti as the Rosh Yeshiva in Masa Mechasya.
How did the Chachamim take a vote to decide to appoint Rav Acha mi'Difti as
the Rosh Yeshivah? Rav Ashi was the Rosh Yeshivah in Masa Mechasya, and when
he died, the normal protocol should have been followed, and his son, Mar bar
Rav Ashi, should have been appointed to take his father's place (as the
RAMBAM writes in beginning of Hilchos Melachim)! Mar bar Rav Ashi was
certainly a great Talmid Chacham at that time and was fit for the position,
as the Gemara in Chulin (99a) implies. (CHASAM SOFER, KOVETZ SHI'URIM)
ANSWERS:
(a) The KOVETZ SHI'URIM writes that this Gemara proves that the law of
patrimony, as learned from the laws of kingship, applies only to positions
of governing authority. Only in such positions does the son inherit his
father's position. The law of patrimony does not apply with regard to a
position of Torah authority, such as Rosh Yeshivah.
The CHASAM SOFER cites this view in the name of the MAGEN AVRAHAM (end of OC
53:33), who cites it in the name of the TESHUVOS RASHDAM (YD 85), who writes
that a son does not take precedence in the appointment of a Chacham to a
position of teaching Torah or to a position of issuing Halachic rulings.
(This ruling applies, however, only when the other candidate is greater in
Chochmah than the son. When they are equally qualified for the position,
then precedence is given to the son.)
(b) The CHASAM SOFER writes that Rav Acha mi'Difti was greater in Chochmah
than Mar bar Rav Ashi and was more qualified to be the Rosh Yeshivah, and
that is why the Chachamim decided to appoint him. However, it was decreed in
Shamayim that, in this case, the son -- Mar bar Rav Ashi -- should take the
place of his father as Rosh Yeshivah. (See also Teshuvos Chasam Sofer OC
13.) (I. Alsheich)
(Regarding the practical Halachah of whether or not the son takes precedence
over other candidates in taking the place of his father in positions of
Torah authority, such as Rosh Yeshivah or Rav of a community, see AVNEI
NEZER OC 312.) (I. Alsheich)
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