POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 156
BAVA BASRA 156 - This Daf has been dedicated in memory of Yitzchak Lubin,
and for a Refu'ah Sheleimah for Chaya Miriam bas Sara and for Yehudah Baruch
ben Sara Menucha. (Dedicated by Rabbi and Mrs. Lipshutz of Monsey, NY).
1) GIFTS OF ADOLESCENTS
(a) (Ameimar): An adolescent (an adult less than 18 (or 20))
can give a gift of land.
2) REQUISITE AGES FOR VARIOUS THINGS
(b) Question (Rav Ashi): We invalidate his sale, even though
he received money - all the more so his gift is invalid,
he does not get anything for it!
1. Counter-question (Ameimar): If he sold something
worth five for six, do you validate the sale,
because he got more than its value?!
(c) Answer (Ameimar): A person does not give a gift unless
the recipient did something nice for him;
2. Answer (Ameimar): You must say, Chachamim know that
children love money, if we allow them to sell,
buyers will entice them to sell all their property;
1. Chachamim enable adolescents to give gifts, so
people will do nice things for them.
(a) (Rav Nachman): We check boys above 13 (and girls above
12) for hairs regarding Kidushin, divorce, Chalitzah, and
3) MUST A DYING MAN BEQUEATH USING A "KINYAN?"
1. He cannot sell his father's property until he is 20.
(b) Question: If we checked him when he was Mekadesh, why
must we check him when he divorces?
(c) Answer: We must check an adolescent who did Yibum and
then wants to divorce her.
1. (Mishnah): If a nine-year old did Yibum, he acquired
her; he cannot divorce her until he is an adult.
(d) Rav Nachman taught that we check for Chalitzah, this is
unlike R. Yosi,
1. R. Yosi says, because it says 'Ish' in the Parshah
of Chalitzah, the Yavam must be an adult; since it
does not say 'Ishah', the Yevamah can be a minor.
(e) Rav Nachman taught that we check for Mi'un, this is
unlike R. Yehudah.
2. Rav Nachman holds, we equate the laws of the Yavam
and Yevamah: just as he must be an adult, also she.
1. R. Yehudah says, a girl may do Mi'un until the area
is black (she has so many hairs, one reaches to the
(f) Rav Nachman taught that he cannot sell his father's
property until 20, to discredit the opinion that says (in
his name) 18.
2. Rav Nachman does not allow Mi'un once she has two
(g) The Halachah is, during the (18th or 20th) year the sale
(h) The Halachah follows (the answer to the question of)
Gidal bar Menasiyah (if an adolescent understands
business well, he can sell his father's property);
(i) The Halachah follows Mar Zutra (an adolescent can testify
about Metaltelim, not about land);
(j) The Halachah follows Ameimar (any adolescent can give a
gift of land);
(k) The Halachah follows Rav Nachman regarding checking for
Kidushin, divorce, Chalitzah, and Mi'un, and selling the
(a) (Mishnah - R. Elazar): The ways to give property are the
same for sick and healthy people: property with Acharayos
is acquired through money, a document or Chazakah;
property without Acharayos is only acquired through
(b) Chachamim: A case occurred, the mother of Benei Rochel
was sick, she said 'Give my clasp to my daughter, it is
worth 1200 Zuz'; the mother died, and Chachamim fulfilled
(c) R. Elazar: She should bury her sons! (They were sinners,
Chachamim only fulfilled her words in order to fine her
sons, that they would not inherit it).
(d) (Gemara - Beraisa - R. Elazar): A case occurred, a man
wanted to give a gift of much Metaltelim; people told
him, the only way is to give it Agav land (even though he
1. He bought a Beis Sela (this will be explained) of
land, said 'the north part is to Ploni, and with it
100 flock animals and 100 barrels; the south part is
to Almoni, and with it 100 flock animals and 100
barrels; Chachamim approved the sale.
(e) Chachamim: No, he was healthy.
(f) (Mishnah - R. Elazar): She should bury her sons!
(g) Question: Why did he curse them?
(h) Answer (Rav Yehudah): They allowed thorns to grow in a
vineyard; R. Elazar forbids this.
1. (Mishnah - R. Elazar): One who lets thorns grow in a
vineyard, this is Kilayim, the thorns and nearby
vines are forbidden;
(i) (R. Chanina): R. Elazar forbids keeping thorns
(everywhere) because in Araviya people grow thorns for
2. Chachamim say, only something that people normally
grow is Kilayim.
(j) (R. Levi): We may make an acquisition from a dying man,
even on Shabbos;
1. This is not because we are concerned for R. Elazar's
opinion that an acquisition is needed;
(k) (Mishnah - R. Eliezer): If a dying man commands on
Shabbos, his words take effect (without an acquisition)
because we may not write a document, but not if he
commands on a weekday;
2. Rather, it is because if he thinks it is needed, he
may panic, and this will worsen his condition.
(l) R. Yehoshua says, his words take effect on Shabbos (even
though we could not write them), all the more so on a
(m) Similarly: R. Eliezer says, we may Mezakeh for (acquire
on behalf of) a minor, but not on behalf of an adult (he
could acquire for himself);
(n) R. Yehoshua says, we may Mezakeh for a minor, all the
more so for an adult (who could acquire for himself)!