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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 109

1) THE SON IS THE CLOSEST RELATIVE

(a) Question: Even without this answer - a son stands in place of his father regarding two laws; a brother, only for one!
(b) Answer: Also regarding an inherited field, the Torah said that the closest relative stands in place to redeem it; it did not say who is closest.
1. If a brother would be considered closer regarding Yibum, we would have one source to say that a brother is closer, and one source (Yi'ud) to say that the son is closer.
2. However, because we say that even regarding Yibum, a son is closer, also regarding an inherited field.
(c) Suggestion #1: Rather, we should expound thusly: "She'ero" - this teaches that Reuven's father takes precedence over Reuven's daughter;
1. One might have thought, the father comes even before the son - "Ha'Karov" teaches that the closest relative inherits.
(d) Rejection: Since a son and daughter are equivalent regarding Yibum, also regarding inheritance (they both precede the father).
(e) Suggestion #2: Rather, we should expound thusly: "She'ero" - this teaches that the father takes precedence over the father's brothers;
1. One might have thought, the father comes even before the brother - "Ha'Karov" teaches that the closest relative inherits.
(f) Rejection: We know that the father comes before the uncles without a verse - the uncles only inherit because they are relatives of the father!
(g) Objection: The Beraisa learns unlike the verse!
1. "V'Im Ein Lo Achim (you will give the inheritance to She'ero)" (but the Beraisa learns that She'ero (the father) comes before the deceased's brothers!)
(h) Answer: The verses are written out of order.
2) AN ALTERNATE WAY OF LEARNING
(a) Answer #2 (to Question 3:b 108B (how do we learn that a father inherits?) - Beraisa - R. Yishmael b'Rebbi Yosi): "If a man will die without a son (V'Ha'avartem Es Nachalso l'Vito)" - we transfer inheritance from the father to a daughter, but not from the father to a brother.
1. Suggestion: Why not learn, we transfer inheritance from Reuven's brothers to his daughter, but not from his father, even when Reuven has a daughter?
109b---------------------------------------109b

(b) Rejection: If so, the Torah should not have said "V'Ha'avartem".
(c) Question: R. Yishmael b'Rebbi Yosi learns from "V'Ha'avartem" - what does he learn from "She'ero"?
(d) Answer (Beraisa): "*She'ero*" - this means his wife, and it teaches that a man inherits his wife.
(e) Question: The Tana (of the Beraisa 109b) who learns from "She'ero" - what does he learn from "V'Ha'avartem"?
(f) Answer (Beraisa - Rebbi): By all other inheritances, it says "U'Nsatem"; by a daughter, it says "V'Ha'avartem", because only a daughter transfers inheritance from one tribe to another.
1. A woman (usually) is inherited by her husband or son - if her husband is from a different tribe, the inheritance passes to his tribe.
(g) Question: How does R. Yishmael b'Rebbi Yosi know that "She'ero" means 'his wife'?
(h) Answer: "(Your father's wife) She'er Avicha Hi".
1. Suggestion: Perhaps it means 'his mother' - "She'er Imecha Hi"!
2. Rejection (Rava): "Mi'Mishpachto v'Yarash Osah" - the father's family is called family, not the mother's family.
i. This is learned from "L'Mishpechosam l'Veis Avosam".
(i) Question: Is it really true that the mother's family is not called family?!
1. "There was a youth mi'Beis Lechem Yehudah mi'Mishpachas Yehudah v'Hu Levi".
2. Question: How can he be a Levi, and from the family of Yehudah?
3. Answer: It must be, his father was a Levi, and his mother was from Yehudah - and the verse says "Mi'Mishpachas Yehudah"!
(j) Answer #1 (Rabah Bar Rav Chanan): No - his name was Levi, he was not a Levi, rather from Yehudah.
(k) Question: If so, why did Michah say "Hayah Li ha'Levi l'Chohen"?
(l) Answer: Because he found a man whose name was Levi.
(m) Question: His name was not Levi - it was Yonason!
1. "Vi'Yhonason Ben Gershom Ben Menasheh..."
2. Counter-question: The Torah says explicitly,
Gershom's father was not Menasheh, it was Moshe!
3. Answer: You must say, since Yonason (served idolatry) as Menasheh did, the verse ascribes him to Menasheh.
(n) Answer #2: Also, we can say that he is ascribed to Yehudah, since he acted as Menasheh, who came from Yehudah.
1. (R. Yochanan): This shows that we associate a corruption to a previous corruption.
2. (R. Yosi Bar Chanina): We learn this principle from "...V'Oso (Adoniyahu) Yaldah Acharei Avshalom".
i. Question: But Adoniyahu's mother was Chagis, and Avshalom's mother was Ma'achah!
ii. Answer: Since Adoniyahu rebelled against the king as Avshalom did, he is ascribed to Avshalom.
3) THE IMPORTANCE OF LINEAGE
(a) (R. Elazar): A person should marry into a family of good lineage - Moshe married Yisro's daughter, and Yonason descended from him; Aharon married Aminadov's daughter, and Pinchas descended from him.
(b) Question: Pinchas also descends from Yisro - "Elazar...mi'Benos Puti'el Lo l'Ishah"!
1. Suggestion: Puti'el is Yisro; he is called thusly, for he fattened (Pitem) calves for idolatry.
(c) Answer #1: No - Puti'el is Yosef, who fought (Pitpet) against his inclination.
(d) Objection: But the tribes scorned Pinchas - 'This son of Puti, the son of he who fattened calves for idolatry ...'!
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