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 141
BAVA BASRA 141 (30 Av) - This daf has been dedicated l'Iluy Nishmas Esther
Chaya Rayzel (Friedman) bas Gershon Eliezer, upon her Yahrzeit and Yom
Kevurah, by her daughter and son-in-law, Jeri and Eli Turkel. Esther
Friedman was a woman of valor who was devoted to her family and gave of
herself unstintingly, inspiring all those around her.
1) GIFTS TO SONS AND DAUGHTERS
(a) (Mishnah): If a man said 'If my wife will give birth...
(b) Inference: This implies that a man prefers daughters to
sons (he gives more to a daughter)!
(c) Question: But R. Yochanan taught, Hash-m hates one who
dies without a son to inherit him;
1. It says "*V'Ha'avartem* Es Nachalso l'Vito", an
expression similar to "Yom *Evrah*".
(d) Answer #1: Regarding inheritance, a son is better (the
property is called by the father's name and stays inside
1. When giving a gift, men give more to daughters (it
is not their way to beg for food).
(e) Answer #2 (Shmuel): The Mishnah discusses a man about to
have his first child.
1. (Rav Chisda): If the first child is a daughter, it
is a good sign.
(f) Answer #3: R. Yehudah taught our Mishnah.
2. Version #1: This is because she helps raise future
3. Version #2: This is because there is no Ayin
ha'Ra'ah (jealousy, like there is by a male
firstborn who receives a double portion).
4. (Rav Chisda): I prefer daughters.
(g) Question: From which teaching of R. Yehudah do we see
that a man prefers (giving money to) daughters?
1. Suggestion (Beraisa - R. Meir): "Va'Sh-m Berach Es
Avraham ba'Kol" - he did not have a daughter;
(h) Answer (Beraisa - R. Meir): It is a Mitzvah to feed
daughters, and all the more so sons;
i. R. Yehudah says, this teaches that he had a
daughter named 'Bakol'.
2. Rejection: R. Yehudah teaches that Hash-m gave
Avraham everything, this does not show that a
daughter is preferable to a son!
1. The reason is, because they learn Torah;
(i) R. Yehudah says, it is a Mitzvah to feed sons, and all
the more so daughters.
1. The reason is, so they will not be disgraced.
(j) Question (Beriasa): If she will give birth to a male and
female, he receives 150 (silver Zuzim, which is six gold
Dinarim), she receives 50 Zuz - what is the case?
(k) Answer (Rav Ashi): The father stipulated about twins, and
made it contingent on which would be born first;
1. He said 'If she will give birth to a male then to a
female, he should receive 200; she receives nothing;
if she will give birth to a female then to a male,
they will receive 100 each.'
(l) (Beraisa): If she gave birth to a male and a female, he
only receives 100.
2. She gave birth to both, we do not know which was
first - either way, the son receives at least 100;
i. We are in doubt who receives the other 100,
therefore they divide it.
(m) Question: What is the case?
(n) Answer (Ravina): He stipulated to pay the first person to
inform him about his first child.
2) ACQUISITION ON BEHALF OF A FETUS
1. Version #1 - our text - (Beraisa): 'The first person
who will tell me that my wife gave birth to a male,
I will give him 100' - if she gave birth to a male,
the informer receives 100;
2. 'The first who will tell me that she gave birth to a
female, I will give him 100' - if she gave birth to
a female, he receives 100;
3. Version #2 - Rashbam - (Beraisa): 'The first person
who will tell me that my wife gave birth to a male,
or who will tell me that she gave birth to a female,
I will give him 100' - if she gave birth to a male
or female, the informer receives 100; (end of
4. If she gave birth to a male and female, he only
5. Question: He did not promise to give anything in
6. Answer: The case is, he also said '...or who will
tell me that she gave birth to a male and female, I
will give him 100'.
7. Question: In any case, the informer receives 100 -
why didn't he say, 'Whoever tells me the gender of
my first child(ren) will receive 100' (why did he
specify the different cases)?
8. Answer: He excludes a Nafel (stillborn baby - in
this case, the informer receives nothing).
(a) Reuven told his pregnant wife 'My property is to the
child you are carrying'.
(b) (Rav Huna): An acquisition on behalf of a fetus is
(c) Question (Rav Nachman - Mishnah): If a man said 'If my
wife will give birth to a male, he should receive 100
Zuz' - we fulfill his words.
(d) Rav Huna: I cannot explain our Mishnah, I do not know a
Tana who holds thusly!
(e) Question: Why didn't he say the Mishnah is R. Meir, who
says that a man can transfer ownership of something that
is not yet in the world?
(f) Answer: R. Meir said that one can transfer ownership of
something which is as yet not in the world to someone who
is already in the world; he never discussed giving to
something not yet in the world.
(g) Question: Why didn't he say the Mishnah is R. Yosi?
1. (Mishnah - R. Yosi): A fetus disqualifies slaves
(that will inherit from his father (a Kohen)) from
eating Terumah, he does not permit his mother to eat
Terumah. (Until he is born, he is not considered a
Kohen; the first law teaches that a fetus already
owns what he will inherit!)
(h) Answer: Inheritance is different than acquisition, for it
(i) Question: Why didn't he say the Mishnah is R. Yochanan
ben Brokah, who says that a man can transfer inheritance
in a language of inheritance or gift?
1. (Mishnah - R. Yochanan ben Brokah): (Reuven said
'Ploni will inherit me' -) it takes effect if Ploni
is fitting to inherit him.
(j) Answer: R. Yochanan ben Brokah said that one can transfer
inheritance to someone already in the world, he never
discussed giving to someone not yet in the world.
2. (Our Mishnah did not specify how the fetus should
receive the money - since the fetus will inherit
him, presumably, it should be like an inheritance!)
(k) Question: Why didn't he say the Mishnah is R. Yochanan
ben Brokah, and R. Yochanan holds like R. Yosi (that a
(l) Answer: We have no source to say that he holds like R.
(m) Question: Why didn't he say that the case is that he
stipulated to pay the first person to inform him about
his first child?
(n) Answer (end of the Mishnah): If (she gave birth to a
Tumtum and) there are no other heirs, he inherits
1. Clearly, the Mishnah does not discuss an informer!
(o) Question: Why didn't he say that the Mishnah is when he
gave the gift after his child was born (before he heard
(p) Answer (Mishnah): If he said 'Whatever she *will* give
1. If the baby was already born, it should say
'Whatever she *gave* birth to...'
(q) Question: Why didn't he say that the Mishnah is when he
said '*When* she will give birth, the baby will
(r) Answer: Rav Huna holds that even if one says '*When* she
will give birth...', the baby does not acquire.