REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Basra 39
BAVA BASRA 39 & 40 - dedicated by an admirer of the work of the Dafyomi
Advancement Forum, l'Iluy Nishmas Mrs. Gisela (Golda bas Reb Chaim Yitzchak
Ozer) Turkel, A"H.
(a) According to Rav Z'vid, if the owner instructed the witnesses not to
inform the Machzik of his Mecha'ah, the Mecha'ah is ineffective (and the
Chazakah is valid).
What does Rav Papa say?
(b) In a case where the witnesses deny having informed the Mazik, what does
- ... Rav Z'vid say?
- ... Rav Papa say?
(a) What does 'Lo Teipak Leih Shuta' mean?
(b) According to Rav Z'vid, if the owner said this to the witnesses, the
Mecha'ah is ineffective.
What does Rav Papa say in this case?
(c) If the witnesses claim that they did not say a word to a soul, Rav Papa
invalidates the Mecha'ah.
What does Rav Huna B'rei de'Rav Yehoshua say?
(d) What is the Halachah in all of the above cases? In which case is the
Mecha'ah not valid?
(a) Rava Amar Rav Nachman 'Mecha'ah she'Lo be'Fanav Havya Mecha'ah'.
(b) What if the Machzik does not get to hear about the Mecha'ah, and claims
that he lost his Sh'tar?
(c) Rava asked on Rav Nachman from Rebbi Yehudah in our Mishnah, who
ascribed the three-year period of Chazakah to the fact that the owner needs
three years to hear about the Chazakah and travel to warn the Machzik.
What does Rava extrapolate from there?
(d) Why does Rava ask from the Rebbi Yehudah, when he could have
substantiated Rav Nachman's opinion from the Tana Kama, who, as Rav learned
on the previous Amud, holds 'Mecha'ah she'Lo be'Fanav Havya Mecha'ah'?
(a) Rava asks on Rav Nachman from Rebbi Yehudah.
In which point (based on
his previous ruling 'Ein Machzikin be'Nechsei Bore'ach') does he *not*
follow his opinion?
(b) How does Rav Nachman answer Rava's Kashya?
(c) What makes it a good idea for the owner to go himself, even if he could
make a Mecha'ah she'Lo be'Fanav?
(d) How do we reconcile Rava's Kashya on Rav Nachman (implying that he holds
'Mecha'ah she'Lo be'Fanav Lo Havya Mecha'ah', with the fact that he himself
declared ' ... Havya Mecha'ah'?
(a) Rebbi Chiya bar Aba told Rebbi Yossi b'Rebbi Chanina that Rebbi Yochanan
requires two witnesses before whom to make a Mecha'ah.
What did Rebbi
Avahu tell him?
(b) We try to connect their Machlokes with a statement of Rabah bar Rav
What did he say about anything that is said in front of three
people? What did he mean by 'anything'?
(c) What does this have to do with Mecha'ah? Is a Mecha'ah also a form of
Lashon ha'Ra (since the owner informs the witnesses that the Machzik is a
(a) So what is it that we learn from Rabah bar Rav Huna?
Answers to questions
(b) In which point does Rebbi Chiya bar Aba Amar Rebbi Yochanan disagree
(a) Alternatively, both opinions agree with Rabah bar Rav Huna (that once
three people are told something, it is considered as if everyone knows about
it), and they argue over whether 'Mecha'ah she'Lo be'Fanav, Havya Mecha'ah
(Rebbi Avahu) or not (Rebbi Chiya bar Aba).
Seeing as both opinions agree
that publicity requires three, what will then be the reasoning behind each
one's opinion? Why does ...
(b) Yet a third alternative suggests that they both agree with Rav bar Rav
Huna and both hold 'Mecha'ah she'Lo be'Fanav, Havya Mecha'ah'.
- ... Rebbi Chiya bar Aba make do with two witnesses?
- ... Rebbi Avahu require three?
is the basis of their Machlokes?
(a) Gidal bar Minyumi made a Mecha'ah in front of three Amora'im.
prove that Mecha'ah requires three?
(b) What did they say to him when, the following year, he came to repeat the
(a) What does Resh Lakish quoting bar Kapara say about making a Mecha'ah
more than once?
(b) What objection do we raise to Rebbi Yochanan's protest 've'Chi Gazlan
Yesh Lo Chazakah'?
(c) So what did Resh Lakish mean to say?
(a) What does bar Kapara say about 'Ir'er Chazar ve'Ir'er Chazar ve'Ir'er'?
Answers to questions
(b) Why is it appropriate that specifically he issues this ruling?
(c) What might the two different claims be?
(d) Why do we not accept ...
- ... the owner's first claim?
- ... his second claim?