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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 72
BAVA BASRA 71-75 - Sponsored by a generous grant from an anonymous
donor. Kollel Iyun Hadaf is indebted to him for his
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1) IS LAND INCLUDED WITH TREES?
(a) Question: R. Shimon does not hold like R. Akiva!
1. (Beraisa): If one was Makdish three trees spaced out
like 10 trees spread over a Beis Kor (the amount of
land in which a Kor of seed is sown), he includes
the land and trees between them;
i. Therefore, he redeems them (with the land)
according to the fixed rate for redemption of
land, 50 silver Shekalim for a Beis Kor.
2. If they are spread out more or less densely, or if
he did not Makdish all three at once, he did not
Makdish the land and trees between them; therefore,
he redeems them according to their value.
i. Even if he later was Makdish the land and trees
between them, he redeems the (first) trees
according to their value, and the land
according to 50 Shekalim for a Beis Kor.
3. Question: Who is the Tana of this Beraisa?
i. It is not R. Akiva, he says that a person sells
generously, all the more so he is Makdish
generously (the land would be Hekdesh even if
he did not Makdish all three at once)!
ii. Nor is it Chachamim, they say that a person
sells stingily, but they admit (in the Mishnah)
that he is Makdish generously!
4. Answer: It must be like R. Shimon.
5. Question: What is R. Shimon's opinion about selling?
i. It is not like R. Akiva, for then all the more
so he is Makdish generously!
6. Answer: He must hold like Chachamim, a person sells
stingily;
i. R. Shimon says that also he is Makdish
stingily, and keeps land for himself.
72b---------------------------------------72b
7. Summation of question: R. Shimon said that the trees
nurture from Hekdesh; we cannot answer (for Rav
Huna, end of 71B) that R. Shimon holds like R.
Akiva!
(b) Answer: Rather, R. Shimon addresses Chachamim according
to their reasoning: I say that just as a person sells
stingily, he is Makdish stingily, and keeps land for
himself;
1. Granted, you say that he is Makdish more generously
than he sells, but you should admit that he (is not
as is generous as one who gives, he) is only Makdish
grafted carob and sycamore stumps (for they will
nurture from Hekdesh, but not pits,...)
2. Chachamim disagree, he is Makdish as generously as
he gives.
2) REDEMPTION OF AN INHERITED FIELD
(a) Question: But the end of the Beraisa is not like R.
Shimon!
1. (Beraisa): Even if he later was Makdish the land and
trees between them, he redeems the (first) trees
according to their value, and the land according to
50 Shekalim for a Beis Kor.
2. According to R. Shimon, the trees should be redeemed
with the land!
i. (Beraisa - R. Yehudah): Reuven bought a field
from his father Yakov, and was Makdish it;
Yakov died. It is now considered an inherited
field (whose redemption is fixed, 50 Shekalim
for a Beis Kor);
ii. We learn from "Asher Lo mi'Sede Achuzaso" -
redemption (according to the value) only
applies to fields that were not fit to be
inherited (but he would have inherited this had
he not bought it)!
iii. R. Meir says, if Reuven bought a field from his
father Yakov, and Yakov died, and then Reuven
was Makdish it, it is considered an inherited
field;
iv. We learn from "Asher Lo Mi'Sede Achuzaso" - a
field that was not inherited when he was
Makdish it (but this field he inherited -
before his father died, the field was due to
return in Yovel). (End of Beraisa)
v. R. Yehudah and R. Shimon did not need a verse
for R. Meir's case, they expounded it to teach
their case.
vi. Question: What is their source (when Yakov died
before Reuven was Makdish it)?
vii. Answer: They hold (from reason) that we follow
the redemption (since at the first time it
could be redeemed it was inherited, it is like
an inherited field).
(b) Answer (Rav Nachman bar Yitzchak): Really, they do not
hold that we follow the redemption;
1. They expounded the verse to teach their Chidush: if
it only came to teach like R. Meir, it should have
said 'Lo Achuzaso' or Lo Sede Achuzaso';
i. Rather, it says "Mi'Sede Achuzaso", it was not
even fit to be inherited.
(c) (Rav Huna): Grafted carob trees and sycamore stumps are
considered trees, and are also considered land;
1. They are considered trees - if one was Makdish or
sold two (regular) trees and one of these, the land
between them is included;
2. They are considered land - they are not sold along
with the land.
(d) (Rav Huna): A sheave the size of Sa'atayim is considered
a sheaf, and also a stack;
1. It is considered a sheaf - two sheaves are Shichchah
(if forgotten, one may not return to take them), if
this big sheaf was forgotten with them, they are not
Shichchah;
2. It is considered a stack, it itself is never
Shichchah.
i. (Mishnah): If one forgot a sheaf that is
Sa'atayim, it is not Shichchah.
(e) (Rabah bar bar Chanah): R. Menachem b'Rebbi Yosi and
Chachamim argue whether or not one who is Makdish a field
includes grafted carob and sycamore stumps.
(f) Question: Why didn't he say that R. Shimon and Chachamim
argue about them?
(g) Answer: He teaches that R. Menachem b'Rebbi Yosi holds
like R. Shimon.
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