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Prepared by Rabbi P. Feldman
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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 145

BAVA BASRA 145 (4 Elul) - dedicated l'Iluy Nishmas Chaim Yissachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

1) KIDUSHIN THAT DOES NOT RESULT IN NISU'IN

(a) Suggestion: Tana'im argue whether or not one may say 'Give me my husband, I will rejoice with him'.
1. (Beraisa - R. Noson): If one is Mekadesh a woman (and he died or divorced her), if she was a virgin, she collects (a Kesuvah of) 200; if not, she collects 100;
2. In a place where the custom is to return Kidushin money, we return it; where it is not returned, we do not return it;
3. Rebbi says, a tradition from Moshe from Sinai teaches that in a place where the custom is to return it, we return it; where it is not returned, we do not return it.
4. Question: Rebbi is just like R. Noson!
5. Answer #1: They argue whether or not she may say 'Give me my husband, I will rejoice with him';
6. The Beraisa is abbreviated, it should say thusly: R. Noson says, if one is Mekadesh a woman, if she was a virgin she collects 200; if not, she collects 100;
i. This is only if he retracted; if she died, in a place where the custom is to return Kidushin money, we return it; where it is not returned, we do not return it;
ii. This is only if she died, if he died, she may say 'Give me my husband, I will rejoice with him'.
iii. Rebbi says, whether he or she died, a tradition from Sinai teaches that in a place where the custom is to return it, we return it; where it is not returned, we do not return it.
iv. (In a place where they return it), she cannot say 'Give me my husband, I will rejoice with him'.
(b) Rejection: No, all agree that she can say 'Give me my husband...'; when he died, all agree that she keeps the money.
1. They argue when she died, whether or not Kidushin money is given l'Tibu'in (to stay, even if she dies before Nisu'in);
2. R. Noson says, Kidushin money is not given l'Tibu'in; Rebbi says that it is.
(c) Question: But the Beraisa says 'In a place where the custom is to return it, we return it; where it is not returned, we do not return it'
(d) Answer: The Beraisa means, regarding Sivlonos (gifts a Chasan gives to the Kalah during Eirusin), in a place where the custom is to return them, we return them; where they are not returned, we do not return them.
1. R. Noson and Rebbi argue as the following Tana'im argue.
2. (Beraisa - R. Meir): Shimon was Mekadesh Leah with a Kikar (2500 Zuz), if she was a virgin, she collects 200; if not, she collects 100 (this will be explained);
3. R. Yehudah says, a virgin keeps 200, a widow keeps 100, and she returns the rest;
4. R. Yosi says, if he was Mekadesh with 80 Zuz, he gives her half of 120; if he was Mekadesh with 120 Zuz, he gives her half of 80 (this will be explained).
5. Question: What is the case?
i. If she died - the Kesuvah is not paid!
6. Answer: Rather, he died.
7. Rejection: If so, why does R. Yehudah say that she returns the rest - why can't she say, 'Give me my husband...'?
8. Answer #3: Rather, Shimon is a Yisrael, Leah had extramarital relations (and became forbidden to him).
9. Rejection: If she willingly had relations, she does not receive a Kesuvah; if she was raped, she is permitted to Shimon!
10. Answer #4: Rather, Shimon is a Kohen, Leah was raped; the Tana'im argue whether or not Kidushin money is given l'Tibu'in;
i. R. Meir holds that it is given l'Tibu'in, R. Yehudah holds that it is not, R. Yosi is in doubt;
ii. Therefore, according to R. Yosi, half the Kidushin money counts towards payment of the Kesuvah (because we are in doubt if the Kidushin money should be returned);
iii. (His example is when Leah was a widow:) if he was Mekadesh with 80 Zuz, 40 counts towards the Kesuvah, he owes her another 60 (the Tana expressed this as 120 half-Zuz); if he was Mekadesh with 120 Zuz, he owes another 40 (80 half-Zuz).
(e) (Rav Yosef bar Minyomi): Wherever the custom is to return, we return.
1. He refers to Neharde'a.
(f) Question: What is the custom in the rest of Bavel?
(g) Answer (Rabah and Rav Yosef): Moharei (Sivlonos that will be written in the Kesuvah) are returned, Kidushin money is not returned.
(h) (Rav Papa): The Halachah is, whether he or she died or he retracted, Moharei are returned, Kidushin money is not returned;
1. If she retracted, also Kidushin money is returned.
(i) (Ameimar): Kidushin money is not returned, this is a decree lest people will say that the Kidushin was mistaken (and never took effect), and that he can Mekadesh her sister.
(j) (Rav Ashi): We are not concerned for this, since he gives a Get, all know that he cannot Mekadesh her sister.
(k) Rejection: This is wrong - perhaps someone heard that the Kidushin money returned, and did not hear about the Get.
2) COLLECTING SHUSHVINUS
(a) (Mishnah): Shushvinus can be collected in Beis Din.
(b) (Beraisa): Five laws were said about Shushvinus: it can be collected in Beis Din, it is repaid at the proper time (when the giver gets married), we are not concerned for Ribis, it is not cancelled in Shemitah, and a firstborn does not receive a double portion of it.
145b---------------------------------------145b

(c) Question: Why can it be collected in Beis Din?
(d) Answer: It is like a loan.
(e) We are not concerned for Ribis, because the giver does not care if more or less is returned.
(f) It is not cancelled in Shemitah, because "Lo Yigos" does not apply (R. Tam - because it is not due until the giver gets married; Ri - because perhaps he will never need to repay it).
(g) A firstborn does not receive a double portion of it, because it is Ra'uy, and a firstborn only receives a double portion in what is Muchzak.
(h) (Rav Kahana): If the one who received (Ploni) was in the city when the giver (Reuven) got married, he must come (if he did not, Reuven may collect it in Beis Din);
1. If Ploni heard bells signifying the festivities, he must come; if he did not hear them, Reuven should have informed him.
i. If Reuven did not inform him, Ploni has gripes against Reuven, but in any case he must pay.
(i) Question: How much must he pay (surely, not the full amount, for Ploni did not eat Reuven's food)?
(j) Answer (Abaye): The custom is: if Reuven brought up to one Zuz to Ploni, presumably he ate this amount, Ploni need not return anything;
1. If Reuven brought up to four Zuzim, he ate up to half, Ploni deducts half;
2. If Reuven brought more than four Zuzim, Ploni deducts based on how important Reuven is (a distinguished person is given more expensive food).
(k) (Beraisa): If Reuven rejoiced with Ploni publicly, and Reuven's celebration will be closed, Ploni can say 'I want to rejoice with you publicly, as you did with me';
1. If (Reuven rejoiced with Ploni when) Ploni married a virgin, and Reuven married a widow, Ploni can say 'I will rejoice with you when you marry a virgin, as I did';
2. If (Reuven rejoiced with Ploni when) Ploni married his second wife, and Reuven married his first wife, Ploni can say 'I will rejoice with you when you marry your second wife, as I did (I need not rejoice with you more than you did with me).
3. Version #1 (our text): If Ploni married one woman, and Reuven will marry two and wants Ploni to return half each time, Ploni can say 'I will rejoice with you once, as you did with me.'
4. Version #2 (Rivam): If Reuven rejoiced with Ploni twice, and Reuven is marrying one woman and wants Ploni to return both, Ploni can say 'I will return half now, and the rest when you marry a second wife, as you did with me'.
3) THE MOST IMPORTANT ASSETS
(a) (Beraisa): One who knows Agados is like one with much land and known possessions (he becomes famous, for he can expound anywhere);
1. A master of Pilpul (delving deeply into Torah) is like a moneychanger with coins and one who owns land that yields choice olives (he constantly profits);
2. One who knows teachings is like one with wealth stored up - when the time comes, he profits;
3. One who knows Gemara (to resolve difficulties of Mishnayos and Beraisos), he is like the one who sells wheat - everyone needs him.
(b) (R. Zeira): "Kol Yemei Oni Ra'im" - this is one who learns Gemara (he always has difficulties);
1. "V'Tov Lev Mishteh Samid" - this is one who only learns Mishnah (he does not encounter difficulties).
(c) (Rava): To the contrary! One who only learns Mishnah can never give a ruling; one who learns Gemara can give rulings.
1. (Rav Mesharshiya): "Masi'a Avanim Ye'atzev Bahem" - this is one who only learns Mishnah; "Boke'a Etzim Yisachen Bam" - this is one who learns Gemara (he is warmed (benefits from) his learning).
(d) (R. Chanina): "Kol Yemei Oni Ra'im" - this is one who has a bad wife;
1. "V'Tov Lev Mishteh Samid" - this is one who has a good wife.
(e) (R. Yanai): "Kol Yemei Oni Ra'im" - this is an Istenis (a very sensitive person);
1. "V'Tov Lev Mishteh Samid" - this is one who is not sensitive.
(f) (R. Yochanan): "Kol Yemei Oni Ra'im" - this is a merciful person (he is always upset by other people's problems);
1. "V'Tov Lev Mishteh Samid" - this is one who has no mercy on others.
(g) (R. Yehoshua ben Levi): "Kol Yemei Oni Ra'im" - this is an irritable person;
1. "V'Tov Lev Mishteh Samid" - this is one who is easygoing.
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