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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 66

BAVA BASRA 61-67 - This week's study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

1) WHAT IS CONSIDERED LIKE LAND

(a) (Mishnah - R. Eliezer): A beehive is like land: we may write a Pruzbul (a document in which a person empowers Beis Din to collect money owed to him, in order that they will not be cancelled in Shemitah) if the borrower has a beehive, it cannot become Tamei in its place, one who takes honey from it on Shabbos brings a Chatas (if he thought it was permitted), for it is like reaping;
(b) Chachamim say, it is not like land: we may not write a Pruzbul unless the borrower has proper land, it can become Tamei in its place, one who takes honey from it on Shabbos is exempt.
(c) Rejection: No, R. Elazar explained R. Eliezer's opinion about a beehive.
1. (R. Elazar): R. Eliezer learns from "Va'Yitbol Osah b'Ya'aros ha'Devash" - just as uprooting from a forest is a Melachah, also taking honey from a hive is a Melachah (because the Torah considers it attached).
2. Answer #2 (to Question 3:b:1, 65B): His opinion about the board is unlike the Beraisa.
3. (Mishnah - R. Eliezer): If a baker's board was fixed into the wall, it cannot become Tamei; Chachamim say, it can become Tamei.
4. Summation of question (3:b, 65B): The Beraisa is not like R. Eliezer - he considers attached vessels like land, even if they were attached after they were made vessels;
i. It is not like Chachamim - they consider attached vessels like Metaltelim, even if they were made vessels after they were attached!
(d) Answer #1: Really, the Beraisa is R. Eliezer; he is more lenient by the board, because wooden vessels that do not have a capacity to contain only receive Tum'ah mid'Rabanan.
1. Inference: This implies that drawn water (i.e. that was in a vessel) disqualifies a Mikveh mid'Oraisa!
66b---------------------------------------66b

2. Objection #1: But the Halachah is, it only disqualifies a Mikveh mid'Rabanan!
3. Objection #2: R. Yosi ben R. Chanina taught, R. Eliezer and Chachamim argue regarding a metal board!
(e) Answer #2: Really, the Beraisa is Chachamim; they are lenient by the pipe, because drawn water only disqualifies a Mikveh mid'Rabanan.
(f) Question: If so, they should be lenient even if it was hollowed out and then attached!
(g) Answer: They are stringent then, for it was considered a vessel before it was attached.
2) OTHER LAWS SPECIAL TO LAND
(a) Question (Rav Yosef): If someone intended that rain water should wash the frame around a millstone, (is this like intention for something detached, i.e.) does the water now Machshir (enable) produce to become Tamei? (Water which one never intended to use to wash an object that was "detached" is not Machshir.)
1. According to R. Eliezer, anything attached to the ground is like the ground, surely the water is not Machshir;
2. The question is according to Chachamim (Rashbam - of our Mishnah; Tosfos - in the Mishnah of the board).
3. This question is not resolved.
(b) Rav Nechemyah brei d'Rav Yosef instructed Rabah bar Rav Huna to authorize a certain girl to collect a tenth of her father's estate (for her dowry), even from the frame around a millstone (this is like R. Eliezer, who considers it like land).
(c) (Rav Ashi): We collect even from rental of houses.
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