POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 49
BAVA BASRA 48 & 49 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) EMANAH AND MODA'AH
(a) (Rav Nachman): If witnesses say that the document they
signed was Emanah or that they signed a sale document
about which they heard a Moda'ah from the seller, they
are not believed.
2) CHAZAKAH IN A WIFE'S PROPERTY
(b) (Mar bar Rav Ashi): They are not believed to say that the
document they signed was Emanah, but they are believed to
say that they signed a sale document about which they
heard a Moda'ah (Tosfos - only if we cannot validate the
document without them; Rashbam - even if we can validate
the document without them).
(c) Question: What is the difference between the cases?
(d) Answer: It is forbidden to write and give a document
ofEmanah so they are not believed to incriminate
themselves, but it is permitted to sign a document after
hearing a Moda'ah.
(a) (Mishnah): A man does not get a Chazakah in his wife's
(b) Objection: This is obvious! He is entitled to eat the
produce, this is no proof that he owns the land itself!
(c) Answer: The Chidush is, even if he wrote a document
saying 'I have no claim to your property', he has no
(d) Question: Such a document is meaningless!
1. (Beraisa): Levi wrote to Yehudah 'I have no claim to
this field, I have no business in it, my hand is
removed from it' - this has no effect.
(e) Answer (d'vei R. Yanai): Our Mishnah is when he wrote
this during Eirusin, before the Nisu'in, as Rav Kahana
1. (Rav Kahana): One can stipulate (Tosfos - even with
a weak language of refusal) not to inherit an
inheritance that is only mid'Rabanan (for Rava's
(f) Inference: The Mishnah said that a man does not get a
Chazakah in his wife's property - but if he can prove
(through witnesses) that she sold it to him, he gets it!
2. (Rava): An enactment made to benefit a person, in a
case like this, that person can say, 'I do not want
3. Question: To which case does Rava refer?
4. Answer: To Rav Huna's law.
i. (Rav Huna): A woman can tell her husband 'You
need not feed me, and I will not work for you'
(because it was enacted for her benefit that he
feed her and that she will work for him).
(g) Question: Why can't she say 'I never meant to sell it, I
merely wanted to please my husband'?
1. (Mishnah): Reuven bought from Shimon a field
designated to pay the Kesuvah of Shimon's wife, and
then he bought it from her - the latter sale is void
(she does not lose rights to collect her Kesuvah
from it), she can say, 'I merely wanted to please my
(h) Answer: Rabah bar Rav Huna explained, that only applies
to three types of fields: a field that he wrote in her
Kesuvah that she has a lien to collect from it; a field
that he made (in front of witnesses) an Apotiki from
which to collect her Kesuvah; a field she brought into
the marriage as Tzon Barzel (he must return to her its
initial value when he pays her Kesuvah).